Bombay High Court Upholds Validity Of UGC Regulations On Distance Learning

While hearing a petition filed by the Symbiosis Skills and Professional University (SSPU), challenging the constitutional validity of four provisions of the University Grants Commission (UGC) (Open Distance Learning Programmes and Online Programmes) Regulations, 2020, the Bombay High Court upheld the validity of UGC regulations. The court, however, noted that the present accreditation yardsticks are not appropriate for a Skill University.

Though the Court upheld the constitutional validity of the Regulations, it permitted the petitioner, SSPU, to offer programs in open distance learning and online learning modes as the NAAC accreditation process was deemed inappropriate for a skill university.

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The Open and Distance Learning Programmes and Online Programmes Regulations, 2020, required universities to meet certain accreditation scores and rankings and to offer programs in conventional or traditional mode before offering them through distance or online modes.

The plea had challenged four provisions: Regulation 3(A)(i), Regulation 3(B)(b)(ii), Regulation 4(B)(ii), and Regulation 4(C)(ii) of the University Grants Commission (Open and Distance Learning Programmes and Online Programmes) Regulations, 2020 (‘Regulations’) made under the University Grants Commission Act, 1956.

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The regulations required certain criteria for offering distance and open education: high education institutions must achieve a specific NAAC accreditation score or NIRF ranking before being permitted to offer programs in these modes; the institution proposing to offer programs in open and distance learning or open learning mode must already be offering the program in the conventional mode, where face-to-face teaching occurs in a classroom setting, and at least one batch of students should have completed the program.

Notably, the petitioner, SSPU), was not able to meet the requirements of the Regulations.

However, the petitioners contended that the requirement for accreditation or ranking should not apply to skill universities, as the parameters for accreditation of traditional and conventional high educational institutions are not a fair means to assess the programs of a skill university.

Examining the regulatory framework governing the process for accreditation and ranking, the court then found that the current NAAC accreditation process is inappropriate for a skilled university such as the petitioner.

Noting this, the Court observed that the UGC shall be entitled to exempt the SSPU from strict compliance with the NAAC accreditation requirement for running the mentioned programs.

The Court further held that SSPU would be entitled to offer the courses in online and distance modes without waiting for NAAC accreditation.