Stay updated with key 2024 High Court ruling on governance in educational institutions and matter related to Education law. This update offers focused summary of judgments concerning University Framed Statutes, Ordinances, Removal of student from rolls, Entitlement to appear in examination, UGC Regulations, Criteria for appointment of HoD, Interference by Court and mater related to fee structure.
Education Law — Fees — Fee structure — Increase in — Permission from DoE — Extent of — Private unaided recognized school constructed on land leased from government — Held, power of DoE to regulate affairs of unaided recognized school does not extend to manner in which school fixes fees, in absence of commercialisation of education by charging capitation fees received and quality education cannot be expected to be imparted if fee that can legitimately be levied are interfered — Liberty granted to DoE to enquire into perceived infraction by and pass appropriate order — Petition allowed [Bluebells School International Kailash v. Directorate of Education, (2024) 4 HCC (Del) 694]
Education Law — Professional Colleges/Education — Medical Council Act,1956 — Ss. 13(4)(B) and 13(4-A) — Pre-requisite/eligibility criteria to appear in post degree screening test or register as medical practitioner in India — Held, Indian citizen obtained medical qualification from abroad can be granted registration by medical Council of India (MCI) to practice in India provided: (a) had to obtained eligibility certificate before undertaking medical course abroad and (b) cleared post degree screen test prescribed —Further held, candidates who obtain qualification without obtaining eligibility certificate, ispo facto ineligible to appear in screening test or register as medical practitioner in India — Petition dismissed [Hemica Rani Singh v. National Medical Commission, (2024) 3 HCC (Del) 538]
Education Law — University Framed Statutes, Ordinances, Rules, Regulations and Norms — Delhi University Ordinance — Statute 37 — Ordinance 23 — Inter se seniority -— Superseding senior in appointment — Administrative lapse — Criteria for appointment as HoD — Petitioner senior to person appointed as HoD — New regulations of UGC adopted — Held, petitioner bereft of merit — Twin criteria for seniority and rotation are sine quo non for being appointed as HoD — Senior most person not appointed as HoD earlier to be considered eligible — Cl.16.3 of the UGC Regulations inserted to avoid administrative lapse — Seniority of promote to be reckoned from date of eligibility —Action cannot be termed as illegal — Executive council inserted Cl. clarifies vice-chancellor can appoint person senior who has not been appointed as HoD whenever vacancy occurs — Arbitrariness and illegality cannot be attributed as alleged by petitioner — Petition dismissed [Shreekant Gupta v. Delhi University, (2024) 2 HCC (Del) 121]
Education Law — Examination — Judicial review/Interference by Court — Evaluation process — Multiple choice question (MCQ) — Suggested answer of doubtful validity — Court’s role in such situation — Held, court ought to be circumspect in dealing with such matters — Deference should be given to experts view — However, where there is manifested error, court is not silent spectator — Court can unravel controversy by reference — Court’s interference is called for where there is clear error — Further held, court in appropriate circumstances can direct re-evaluation or revaluation of answer sheet to resolve the tangle — Relief grated by court should be extend to all affected candidates — Petition allowed [Om Prakash Verma v. NTA, (2024) 1 HCC (Del) 115]
Education Law — Flexible Modes of Learning/Courses/Open Universities — Indira Gandhi National Open University Act, 1985 (50 of 1985) — Ss. 7 and 23 — Power and functions of university — Recognition of Institutions — Students not covered under collaboration aimed to established joint centre of excellence for advance education and research — Converts postgraduate certificate into master’s degree programmed by IGNOU — Later refused to issue consolidated marksheet and degree certificates — Held, any institution to attain status of study centre of IGNOU needs to fall under S. 2(o) of the 1985 Act — No direct correspondence between students and IGNOU — Petitioner did not have any authority to enter into MoC — MoC did not stipulate any delegatory power MoC fell foul of statutory scheme under 1958 Act as well as All India Council for Technical Education Act, 1987 — No consequential relief can be granted — Petition dismissed [International Institute of Information Technology v. IGNOU, (2024) 1 HCC (Del) 250]
Educational Law — Expulsion/Rustication/Removal of Student From Rolls of Institution/Discipline — Students involved in act of indiscipline, inconsistent with rule and regulations and bye-laws governing South Asian University (SAU) — Petitioners admitted as students eventually suspended and rusticated without show-cause notice and were declared “out of bound” by university, whether justified — Held, act of educational institution expelling student from its portal result in divesting student of his/her right to receive education — Before decision to punish, student ought to have been given opportunity to represent against decision — Order of expulsion quashed and set aside—Petition allowed [Bhim Raj v. South Asian University, (2024) 1 HCC (Del) 264]
Education Law — Examination — Eligibility/Entitlement to appear in examination — Eligibility pertains to qualification post or course of study — Failure to pay fee — Petitioner not permitted to fill in form to undertake her third semester examination and neither second semester result release — Held, where an admission is granted, even to an ineligible candidate, or where an ineligible candidate is permitted to undertake an examination, candidate cannot, thereafter be prevented from continuing to attend the course; nor can result of examination undertaking by candidate, be withheld — Petition allowed [Vanshika v. Delhi University, (2024) 2 HCC (Del) 72]