IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :: 12-06-2009 CORAM THE HONOURABLE MR.JUSTICE S.J.MUKHOPADHAYA AND THE HONOURABLE MR.JUSTICE V.DHANAPALAN WRIT PETITION Nos.30664 OF 2006 AND 17126 to 17128 OF 2008 W.P.No.30664/2006 : B.N.Devadas ... Petitioner -vs- 1.University Grants Commission, rep.by its Secretary, Bahadurshah Zafar Marg, New Delhi-2. 2.All India Council for Technical Education, rep.by its Director, Shastri Bhavan, 26, Haddows Road, Chennai-600 034. 3.The Distance Education Council, rep.by its Director, Maidan Garhi, New Delhi-110 068. 4.The Secretary to Government, Higher Education Department, Fort St.George, Secretariat, Chennai-600 009. 5.The Director of College Education, D.P.I.College Road, Chennai-600 006. 6.Anna University, rep.by its Registrar, Sardar Patel Road, Guindy, Chennai-600 025. 7.National Council for Technical Education, rep.by its Regional Director, 1st Floor, CSD Buildings, H.M.T.Road, Bangalore. 8.Bar Council of India, rep.by its Secretary, 21, House Avenue, Institutional Area, New Delhi-2. 9.The Secretary to the Visitor, ICFAI University, Raj Bhavan, Uttaranchal, Dehradun-248 006. 10.Institute of Chartered Financial Analysts of India (ICFAI) Society, rep.by its Secretary, Headquarters, 52, Nagarjuna Hills, Panjagutta, Hyderabad-500 082. 11.ICFAI University, rep.by its Registrar, C-103, Indira Nagar, Dehradun-248 006, Uttaranchal State. 12.The Institute of Chartered Financial Analysts of India University, Tripura (UT), having its Headquarters at Jagannath Bai Road, Bidurhata Chowmuhani, Agartala, Tripura (West), Tripura  799 001, rep.by its Registrar/Authorised Representative Shri V.R.Shankara. 13.Anand K.Gosalia 14.Abhishek Rathi 15.Girish Sharma 16.Suneet Tulsiyan 17.K.S.S.Krishnan. ... Respondents W.P.Nos.17126 TO 17128/2008 : Institute of Chartered Financial Analysts of India (ICFAI) ... Petitioner -vs- All India Council for Technical Education, 7th Floor, Chander Lok Building, Janpath, New Delhi-110 001, rep.by its Member Secretary ... Respondent Petitions under Articles 226 of the Constitution of India. W.P.No.30664/2006 : For petitioner : Mr.P.Jayaraman, Senior Counsel, for Mr.Syed Basheer Ahmed. For respondent 1: Mr.R.Krishnamoorthy, Senior Counsel, for Mr.P.R.Gopinath. For respondent 2: Mr.N.Muralikumaran For respondent 3: Mr.D.Krishnakumar For respondent 4 & 5 : Mr.S.Rajasekar For respondent 6 : M/s.G.R.Mani Associates For respondent 8 : Mr.K.Venkatakrishnan For respondent 10 : Mr.A.L.Somayajee, Senior Counsel, for Mr.V.Perumal. For respondent 11 : Mr.Vijayanarayanan, Senior Counsel, for Mr.R.Parthiban. For respondent 12 : Mr.A.S.Balaji For respondents 13 to 17 : Mr.Arvind P.Datar W.P.Nos.17126 to 17128/2008 : For petitioner : Mr.Vijayanarayanan, Senior Counsel, for Mr.R.Parthiban. For respondent : Mr.N.Muralikumaran. O R D E R V.DHANAPALAN,J. W.P.No.30664 of 2006 has been filed as a pro bono publico for issuance of a writ of mandamus, directing the respondents 1 to 9 to initiate appropriate action against the respondents 10 and 11 for closure of 22 ICFAI National Colleges and ICFAI Business Schools, conducting full time academic programs, and ICFAI Study Centre for 360 Flexible Education throughout the State of Tamil Nadu and safeguard the interest of students who are pursuing their studies with respondents 10 and 11. 2. W.P.Nos.17126 and 17127 of 2008 have been filed for issuance of a writ of certiorari to call for the records relating to the order of the respondent in file No.37-3/Legal/AICTE, dated 30.06.2008, and to quash the same. 3. W.P.No.17128 of 2008 is for a mandamus, directing the respondent to delete the name of the petitioner from the List of Unapproved Institutions maintained in its website www.aicte.ernet.in. 4. Though all these Writ Petitions involve an identical issue, they are being dealt with separately as under : W.P.No.30664 of 2006 : 5. The case of the petitioner goes thus : 5.1. He saw an advertisement in newspapers stating that ICFAI National College and ICFAI Business School were offering full time academic M.B.A., M.C.A., and M.S.programmes in the State of Tamil Nadu. He also saw an advertisement that ICFAI was offering distance learning programme under the mode of 360 Flexible Learning Programmes in the State for the courses viz., B.B.A., B.C.A., B.Ed; B.S.Programmes in Marketing, Banking, Insurance and Accounting; Bachelor Degree Programmes such as B.A., B.Sc., B.Com., B.G.L., B.L.Sc., B.J. and Master Degree Programmes, namely, M.Ed., M.A., M.Sc., M.Com., L.L.M., M.L.Sc., M.J. and M.P.P. 5.2. A probe conducted by the petitioner on the matter revealed that the contents of the paper advertisements were given in a misleading manner without disclosing the author who gave advertisement and the status of ICFAI National College, ICFAI Business School, ICFAI Distance Education/ 360 Flexible Education, ICFAI University etc. He went through the prospects of ICFAI University, ICFAI Institution and ICFAI National College and came to know that ICFAI University (in short, "the University") represents the multi-state network of universities, sponsored by Institute of Chartered Financial Analysts of India (in short,"the Institute") under specific Acts in Uttaranchal, Tripura, Sikkim, Meghalaya and Mizoram, which consequently confers degrees at bachelor, master and doctoral levels on eligible students. A perusal of the brochure issued to the students does not disclose as to which University is going to confer degrees to the students. The method of examination, selection of students, collection of fees are not in consonance with the statutory requirements and the respective courses of various disciplines. 5.3. As per the 360o Flexible Learning Program Prospectus, the 10th respondent Institute disclosed that the Institute had constituted the study centres which have been stated in the University prospectus. Therefore, the Institute and the University, who are respondents 10 and 11 have collusively played a fraud upon the innocent student community at large without authority of law. 5.4. As per the ICFAI National College Prospectus, 23 full time academic National Colleges have been established throughout the State of Tamil Nadu and Pondicherry. ICFAI was originally granted University status under Chhattisgtarh Act 2/2002, which was challenged invoking Article 32 of the Constitution of India in a Public Interest Litigation and the same was allowed by the Supreme Court, quashing the Act. On the Act being quashed, ICFAI was no longer empowered to conduct such classes. In the meanwhile, the State of Uttaranchal passed Act 16/2003, providing for ICFAI University at Dehradun, which came into effect on 10.07.2003. The University Grants Commission has also declared the same as a private University under Section 2 (f) of the UGC Act on 22.07.2005. 5.5. Earlier, another Public Interest Litigation was filed, seeking for a writ of mandamus, directing the closure of study centres, Distance Education and regular course of 10th and 11th respondents so as to safeguard the interests of students who were pursuing their studies and the First Bench of this Court restrained ICFAI University and ICFAI National College from granting any fresh admissions and collecting fees from any of the students. In spite of the same, respondents 10 and 11 continued to issue paper advertisement and notifications inviting applications for admissions to the courses in the name of ICFAI National College, ICFAI Flexible Education etc. Therefore, unless immediate action is taken, the valuable career of the students of Tamil Nadu and other States will be affected to a greater extent. The constitution of study centres and offering programmes and granting degrees by respondents 10 and 11 in the State of Tamil Nadu are in violation of various Central and State enactments. 5.6. Hence, this Writ Petition. 6. First respondent, namely, University Grants Commission, has filed a counter, stating as follows : 6.1. In the year 2003, the State of Uttaranchal enacted the ICFAI Act, 2003 (Act No.16 of 2003) to establish and incorporate a University in the State, providing for high quality education in the areas of Applied Financial Management, General Management, Applied Sciences and Technology, sponsored by ICFAI, Hyderabad, Andhra Pradesh, and to provide for matters connected therewith. The State Government, vide its Notification dated 23.09.2003, accorded sanction to the establishment of ICFAI University with effect from the date of publication of the Notification in the official gazette. The University Grants Commission, vide its Notification dated 22.07.2005, has included the said private University, namely, ICFAI University, Dehradun, Uttaranchal, in the list of universities maintained by UGC under Section 2 (f) of the University Grants Commission Act,1956. 6.2. So far as the Study Centres and Off-campus centres opened by ICFAI, Dehradun, is concerned, the same has not been approved by UGC. 6.3. Regulation 3.2 of the University Grants Commission (Establishment of and Maintenance of Standards in Private Universities) Regulations,2003, provides that a private university shall be a unitary university having adequate facilities for teaching, research, examination and extension services. Further, Regulation 3.3 mandates that a private university established under the State Act shall operate ordinarily within the boundary of the State concerned. However, after development of the main corpus, in exceptional circumstances, the university may be permitted to open off-campus centres, off-shore campuses and study centres after five years of its coming into existence, subject to the conditions stipulated therein. In view of Regulation 3.3 of the University Grants Commission (Establishment of and Maintenance of Standards in Private Universities) Regulations,2003, the said University cannot open any off-campus centres, off-shore campuses and study centres before the completion of five years of its coming into existence and that too subject to fulfilling various conditions stipulated therein under Regulations 3.3.1, 3.3.2, 3.3.3, 3.3.4 and 3.3.5. In addition, a private University is also required to fulfil the minimum criteria in terms of programs, faculty, infrastructural facilities, financial viability etc., as laid down by various statutory bodies and councils, such as AICTE, Bar Council of India, Distance Education Council, Dental Council of India, Medical Council of India, National Council for Technical Education etc. 6.4. As regards the conferring of degrees, unless a degree is specified by the Commission within the meaning of Section 22 (3) of the UGC Act, the same cannot be conferred or granted by any university including ICFAI. 7. The second respondent AICTE has filed a counter, stating as follows : 7.1. AICTE has not approved any of the courses conducted either by the 10th respondent ICFAI Society or the 11th respondent ICFAI University, situated at Deharadun. ICFAI University was the 73rd respondent in Prof.Yashpal's case before the Supreme court reported in 2005 AIR SCW 1168, which, having become final and binding on all the parties concerned, cannot call for the very same courses outside the State. 7.2. AICTE Act was brought into force in the year 1987 by the Parliament with the objects of proper planning and co-ordinated development of the technical education system throughout the country and for promotion of qualitative improvement of such education and for a planned quantitative growth and regulation and for proper maintenance of the norms and standards. AICTE is empowered to regulate the technical education system in all the areas wherever it is imparted in India and there cannot be any dichotomy in standards of technical education as it would be against the intention of the legislature in bringing into force of the AICTE Act. Therefore, respondents 10 and 11 cannot contend that even though they impart technical education, they fall outside the purview of the AICTE Act. AICTE Act, being a subsequent legislation and also a special one so far as the field of technical education is concerned, will prevail over other enactments wherever there is conflict with any other enactments. 7.3. The grant of degrees fall under the purview of UGC Act and the AICTE is empowered to regulate the imparting of technical education itself in any form where by way of tutorial education, collegiate education or university education. For imparting technical education, the norms set out by AICTE are to be followed and AICTE is empowered to make regulations for strict enforcement of said norms and standards and no person, institution or body can impart technical education without the permission of AICTE. 7.4. AICTE has already initiated action against unapproved institutions conducting technical education and it has also issued show cause notices to all the institutions where it had information that such institutions are conducting unapproved courses in technical education and taken necessary action by itself and also by requesting the respective State Governments to close down the unapproved institutions. AICTE has has given public notices to caution the general public against being cheated by the said unapproved institutions and has also published list in its website of the unapproved institutions, conducting unapproved technical courses in violation of the AICTE Act. 8. Third respondent-Distance Education Council has filed a counter to the following effect : 8.1. Indira Gandhi National Open University Act 1985 was introduced in order to establish and incorporate an Open University at the national level for introduction and promotion of Open University and Distance Education System in the educational pattern of the country and for the co- ordination and determination of standards in such system. Section 28 of the Act provides for constitution of Distance Education Council for the purpose of taking such measures as necessary, consistent with the objects of the University to provide innovative programmes, which conform to the standards in the institutions offering Distance Education programmes and to prevent the institutions from offering courses and programmes which do not conform to the standards laid down by the Council. The third respondent has been taking various steps to maintain the standards of Distance Education in the country. 8.2. In order to safeguard the interests of the students in India and to ensure the quality of education, the Distance Education Council has framed guidelines for regulating the establishments and operation of Open and Distance Learning institutions in India. The statutory bodies, namely, University Grants Commission and Distance Education Council were established by a bill passed by the Parliament and the guidelines issued by these bodies have legal sanctity. Therefore, no institution is eligible to impart distance education courses without the prior approval of Distance Education Council. 8.3. The 11th respondent, which is a private university, is not authorised to impart education through Distance Mode of Learning because the norms and guidelines issued by UGC provide that any new University cannot impart education through distance mode of learning within the period of 5 years from the date of inspection and even after the completion of 5 years, no institute can impart education through distance mode without getting approval from Distance Education Council. The third respondent has not granted any permission to respondents 10 and 11 to offer courses through distance mode. 9. Eighth respondent, Bar Council of India, has filed a counter, stating as follows : It has granted temporary recognition for the purpose of conferring law degree in three year and five year law courses to ICFAI University at Dehradun, tenth respondent herein. The said temporary approval of affiliation of Department of Law in ICFAI University in Dehradun, State of Uttaranchal, has been issued by the Legal Education Committee of the Bar Council of India initially for a period of three academic years, commencing from 2004-2005 to 2006-2007 with an intake of two sections of 80 students in each section subject to certain terms and conditions. No off-campus study centres for the Law course can be opened in any other part of the country except within the University campus and if there is any such study centre outside the ICFAI University campus, it shall not be an authorised one. In the absence of any specific allegation by the petitioner in this regard, BCI is not in a position to take such action against the 11th respondent. BCI has not granted any approval to ICFAI University, Dehradun, to start any off-campus study centres for law courses anywhere in India. Even after completion of five years of existence of a University, for starting any off-campus study centres, such University is required to get approval of the Bar Council of India, after getting permission from UGC. The degrees awarded by 11th respondent are not prescribed educational qualifications for enrolment as advocates on the rolls of any State Bar Councils and therefore the Bar Council of India cannot have any control over the ICFAI University, Dehradun. 10. Tenth respondent, namely, Institute of Chartered Financial Analysts of India (ICFAI), has filed a counter, stating as follows : 10.1. ICFAI was established in the year 1984 as a not for profit educational society registered under the Andhra Pradesh (Telangana Areas) Public Societies Registration Act. It was set up with the objective of imparting high quality training in Applied Finance and related disciplines to students, working executives and professionals. The X Plan report of the University Grants Commission has recommended for growth of educational institutions in the private sector to meet the increasing demand for education, which is not being adequately met by the Government. ICFAI started rendering education by launching the program of Chartered Financial Analysts (CFA) in 1985. This program was started when there was a public need for competent Financial Analysts and Investment Managers. The program has been designed to equip the students and broaden their fields of understanding and experience in Corporate Finance, Investment Management and Financial Services. With this program, ICFAI has created a niche and has been instrumental in developing a new cadre of Finance Professionals in India. Over the years, CFA program has received overwhelming response from a cross-section of students, professionals and working executives and is accepted and recognised by Universities and Government institutions. In addition, various reputed companies in India have recruited the students, who have successfully completed the CFA program. Many of the companies have brought out advertisements for recruitment, wherein they have recognised CFA as an eligible qualification along with professional qualifications such as CA, CWA, CS etc. 10.2. In the year 1995, ICFAI established ICFAI Business Schools in eight locations to offer business education. Over a period of time, with the growth in the demand for this program, ICFAI has set up Business Schools in more cities and, at present, has 14 Business Schools around the country. The business education at ICFAI Business Schools is based on innovative learning methodologies, constant improvement, cultivation of practical skills and an unwavering commitment to academic quality. The ICFAI Business School has already produced 7504 management graduates who are well placed in some of the best known corporate houses. ICFAI has established an all India network of its branch offices at 200 locations and has set up around 180 centres for full-time campus based programs. It conducts exams at over 100 test centres all over India four times a year. 10.3. ICFAI University, Dehradun, has been included by UGC in the list of universities under Section 2 (f) of the UGC Act,1956 and it confers degrees at bachelor, master and doctoral levels on eligible students. It offers a number of educational programs in finance, banking, insurance, accounting, law, management, information technology, arts, commerce, education and science and technology at bachelor and master levels on full-time campus and distance learning formats. The University confers degrees only within the territorial jurisdiction of the State and has no study centres, constituent colleges, off-campus centres etc. beyond the territory of the State of Uttaranchal. 10.4. One of the constituents and centres of excellence of ICFAI is the ICFAI National College (INC), which has more than 150 centres spread around the country. The 360 Flexible Learning Program offered by the 10th respondent is not a Distance Education Program and thus is not violating the DEC Guidelines, Bar Council of India Act and NCTE Act. The Flexible Learning Program has been designed for the students who registered with ICFAI University, Dehradun, to take examinations as private candidates, which is in the nature of a tutorial class to help interested students, and the said program is a program of the tenth respondent and not of the eleventh respondent University and this programme is offered at the Branch Offices of the tenth respondent. ICFAI National Colleges, IBS Centres and 360 Flexible Education Centres are its constituents and as such they are not violating any authority of law in the State of Tamil Nadu. 11. The counter of eleventh respondent, namely, ICFAI University, reads thus : ICFAI University has been established by way of a gazette publication by the State of Uttaranchal on 23rd September,2006, to which the Governor of Uttaranchal, under sub-section (2) of Section 4 of the ICFAI University Act,2003 (Act 13 of 2003) has accorded sanction. The University has been sponsored by the tenth respondent. The University was established with an emphasis of providing high quality and industry relevant education in the areas of Applied Finance Management, General Management, Applied Sciences and Technology in the State of Uttaranchal. The University was included in the list of Universities under Section 2 (f) of the UGC Act. The ICFAI University Act,2003, clearly stipulates that the Headquarters shall be at Dehradun and it may have constituent colleges, regional centres and study centres under Section (6) of the Act. The prospectus issued by the University specifically states that the University has no study centre outside the authorised jurisdiction. The University confers degrees only within the territorial jurisdiction of the State of Uttaranchal and has no study centres, constituent colleges, off-campus centre, beyond the territory of the State of Uttaranchal. The University designs its curriculum, conducts examinations and awards degrees to the successful students of the University. The tenth respondent society conducts the 360 Flexible Learning Program, which is designed for the students appearing as private candidates for the examinations conducted by the eleventh respondent University. There is no violation of UGC (Establishment of and Maintenance of Standards in Private Universities) Regulations,2003, in view of the fact that the eleventh respondent has no study centre or constituent college outside the territorial jurisdiction of its State and consequently permission of the Visitor of the State Government, as stipulated under ICFAI Act, needs no compliance. 12. The counter of twelveth respondent ICFAI University, Tripura, goes thus : The University is not conducting any course of study outside the State of Tripura so also in Tamil Nadu. The University is not having any study centre, regional centre or off-campus centres anywhere in India, more particularly outside the State of Tripura. The University has nothing to do with the issue involved in this case, as the said issue relates only to respondents 10 and 11. 13. Respondents 13 to 17 also filed a counter in the lines of respondents 10 and 11. They have also stated that passing any adverse orders against respondents 10 and 11 would cause irreparable loss and damage to the interest of large number of student community. 14. Mr.P.Jayaraman, learned Senior Counsel for the petitioner, would cite the following authorities : (i) Prof. Yashpal v. State of Chhattisgarh, 2005 (5) SCC 420 : "24. In the introductory paragraph of Chapter IV dealing with standards of teaching, the Commission recorded its views in the following words: The need for high standards Introduction.It is the primary duty of a university to maintain the highest standards of its teaching and examinations. A university is a place of higher education where the personality and capacities of the students are developed to the utmost by teachers who should themselves be at work at the frontiers of knowledge in their respective fields. The success of a university is to be judged as much by the type of graduates it turns out as by the amount and quality of research contributed by its teachers and research students. It must be clearly recognised that there is no conflict involved between the twofold function of a university to educate its members and to advance the frontiers of knowledge  the two functions are, in fact, complementary. Unless high standards of teaching and examinations are maintained, research will suffer, since research can continue uninterruptedly only if there is a regular supply of graduates well prepared by general education for specialised research work. On the other hand, if research is neglected by teachers, their teaching will lack vitality and will rapidly become stale. A degree must always be what a university makes it by the kind of teaching it imparts and the type of intellectual and social life it provides for its members. If our universities are to be the makers of future leaders of thought and action in the country, as they should be, our degrees must connote a high standard of scholarly achievement in our graduates." "25. The Commission noted that many of the universities did not compare favourably with the best of British and American universities in respect of their teaching