The Supreme Court has reiterated that the University Grants Commission (UGC) is the competent authority to decide what follows after it annuls a degree. This includes deciding whether students who began or pursued a course before annulment can receive any benefit. The Court clarified that constitutional courts should not undertake this assessment.
Accordingly, the Supreme Court modified a Madras High Court order that had insulated certain students from the impact of annulment. The High Court had held that students with technical degrees obtained through distance learning would not suffer adverse consequences if they pursued the programme under interim orders passed by the Court. The Supreme Court directed that the question relating to such students must go before the UGC for an appropriate decision.
Reliance on Orissa Lift Irrigation Corporation principles (2018)
The Supreme Court directed the UGC to decide the matter in line with the principles laid down in Orissa Lift Irrigation Corporation Limited v. Rabi Sankar Patro and Ors. (2018). That judgment dealt with engineering degrees awarded through distance learning which were later cancelled, since technical branches cannot be pursued through distance education programmes.
Bench, date, and appeal by UGC
A Bench comprising Justice P.S. Narasimha and Justice Alok Aradhe passed the order on February 9 in an appeal filed by the UGC. The appeal challenged the Madras High Court’s ruling. While the High Court had affirmed the UGC’s primacy to frame regulations governing distance education programmes, it also observed that degrees obtained by students who studied pursuant to interim court orders would not be invalidated.
Proceedings in the Supreme Court
In the special leave petition, the Supreme Court issued notice on July 5, 2023. It also sought particulars about the degree. The Court was informed that the degree in question related to a technical branch of study.
Direction based on CMJ Foundation (2024); Annamalai University to supply student list
The Bench also relied on its earlier view in CMJ Foundation & Ors. vs. State of Meghalaya & Ors. (2024). In that case, the Court held that the UGC is the appropriate statutory authority to decide such issues, including the consequences of orders annulling illegal degrees.
The Supreme Court disposed of the appeals with a direction to Annamalai University to furnish a list of students who obtained the questionable degree. After receiving the list, the UGC will take a decision regarding those students.
Case Details and Appearances
Case Details: THE UNIVERSITY GRANTS COMMISSION & ANR v. ANNAMALAI UNIVERSITY & ORS.
For Petitioner(s): Mr. Tushar Mehta, Mr. Manoj Ranjan Sinha, Mr. Mrigank Prabhakar, Mr. Vishal Agrawal, Ms. Astha Singh
For Respondent(s): Mr. Romy Chacko, Mr. Ashwin Romy, Mr. Sachin Singh Dalal, Mr. Joe Sebastrian, Mr. Akshat Singh, Mr. Anup Kumar, Mr. Sivagnanam Karthikeyan, Mr. Tushar Giri, Mr. Siddharth Anil Khanna, Mr. Ritik Arora, Mr. Shivam Mishra, Mr. Ritesh Agrawal, Mr. Sunder Khatri, Mr. Sohel Rishabh, Mr. Naman Khatri, Ms. Priyanshi Sharma, Mrs. Rekha Pandey, Mr. L C Patne, Mr. Neerja Patne, Ms. Gauri Pandey, Ms. Sharmistha Chaudhary, Mr. Ritesh Kumar
