2025EducationHigh CourtLatestLegalMarch 2025

Open Distance Learning and Online Programs – UGC approval

Open Distance Learning and Online Programmes – Rejection of Application

The petitioner contended that it has now fulfilled the alternate criteria of NIRF ranking under Regulation 3(A)(i) of the UGC Regulations, 2020 and applied for approval.

However, by the letter dated 19.12.2024, the UGC rejected the application of the petitioner for approval to the programs of Open Distance Learning (ODL) and Online (OL) Programs from the ensuing academic sessions, particularly after the petitioner achieved National Institution of Ranking Framework (NIRF) Rank-1 of the Ministry of Education.

The impugned communication of UGC simply states that NIRF has not yet ranked the petitioner in the top 100 in the University category.   This was challenged on the ground of violation of the principles of natural justice.

HELD that a mere communication of the conclusion would not comply with the requirement of fair play.  The UGC must also communicate its reasons in such matters.  While the UGC is not expected to write an elaborate judgment, the applicant must get a fair idea of the reasons in support of an adverse conclusion.   Even in administrative matters or where the statute may not have explicitly prescribed compliance with natural justice, adopting a fair and reasonable procedure is not to be jettisoned.  Principles of natural justice are to be read even into the unoccupied interstices of a statute.

 Regulation 3(A)(i) and 3(B)(ii) of the UGC ODL / OL Regulations, 2022,

 Judgment dated 4.3.2025 of the High Court of Bombay in Writ Petition No.2462 of 2025 (AS) of Symbiosis Open Education Soc. Vs. University Grants Commission and another

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