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1. Regard being had to the similitude of questions of law involved in the writ petition as well as in the writ appeal they were heard analogously and are disposed of by this singular order. For the sake of clarity and convenience the facts in the writ petition are adverted to, herein.

2. The petitioner is a company incorporated under the Companies Act, 1956 having its registered office at Chandigarh. The said company has set up study centres on behalf of Madhya Pradesh Bhoj (Open) University, respondent No. 2 herein, at Ludhiana and Chandigarh. The said study centres commenced their functioning in the year 2003. The said University had come into existence by the Madhya Pradesh Bhoj (Open) University Adhiniyam, 1991 [for brevity `the 1991 Act']. It had set up its various study centres all over India under the Distance Education Programme undertaken by it. The said University authorised only such study centres which met the prescribed norms/parameters for setting up of such study centres and for imparting education/training to the students enrolled therein. The study material was provided by the respondent No. 2. After completion of the study course the University allotted the roll numbers and the eligible candidates were admitted to the examination conducted by the University and were awarded degree/diploma by it depending upon the course undertaken by the study centres. Aftr following the said procedure the respondent University had approved the setting up of two study centres in the name and style of Canam Academy at Ludhiana and Chandigarh. In this regard an agreement was entered into between the petitioner and the University as per Annexure-P/1, dated 8-8-2003. The agreement was for a period of five years and to remain in force till the year 2008.

12. It is further put forth that the respondent No. 5 has framed guidelines viz. DEC-Guidelines, 2006 for regulating the establishment and operation of open and distance learning institutions in India. One of the guidelines provided under the Statute is that a distance eduction institution should be located within the territorial limits of the university to which it is affiliated. Reference has been made to paragraph 4.12 of the guidelines which deals with `study centre'. It is set forth that establishment of distance eduction centre outside the geographical limits of the parent university is not permissible. Reference has been made to the decisions rendered in Prof. Yashpal and Anr. v. State of Chhattisgarh and Ors. and Rai University v. State of Chhattisgarh and Ors. . Relying on the said citations it is manifest that the only recourse open to the petitioner is to seek affiliation with any of the university which has jurisdiction over the area where the petitioners-institutions are functioning. It is contended that the respondent No. 2, University has been established under the Madhya Pradesh Bhoj (Open) University Adhiniyam, 1991 for the purpose of encouraging open universities and distance education systems within the State and, therefore, the said University falls within the framework of Section 4 of the IGNOU Act for the purposes of coordination of distance education systems and accordingly regulated by answering respondents and further in view of the Apex Court's judgments the said University cannot have any off-campus centre outside the territorial jurisdiction of the State of Madhya Pradesh under its auspices.

21. Be it noted, relying on these provisions a stand has been taken that the action taken by the Bhoj (Open) University is totally unjustified. At this juncture we would like to refer to Section 6 of the IGNOU Act. It reads as under:

6. Jurisdiction.-The University shall in the exercise of its powers have jurisdiction over the whole of India.

22. In this regard sections 1 and 2(q) of the 1991 Act are necessary to be referred. Section 1 stipulates that the 1991 Act extends to whole of the Madhya Pradesh. Section 2(q) defines `university' to mean the M.P. Bhoj (Open) University established under the said Act. It is also worth noting that the 1991 Act has been incorporated to establish and incorporate an Open university at state level for introduction and promotion of a university and distance education system in the field of higher education. The question that emerges for consideration is whether the Bhoj (Open) University can have study centres outside the territory of Madhya Pradesh. The Distance Education Council has issued guidelines vide Annexure A/6. There is a mandate that the institutions need approval from the Distance Education Council. In Clause 3 there is a postulate that the undertakings to be given by the ODL institutions seeking approval from the DEC. Clause 3.3 provides that the parent institution shall not establish its Study Centres/Regional Centres outside its jurisdiction as specified in the parent institution Act/MoA. There are guidelines for DEIs for identification of study centre in Clause 9 of the DEC- Guidelines, which read as under:

26. It is submitted by the learned Counsel for the Study Centres that the Bhoj (Open) University has the authority to open study centres as it has the statutory obligation to promote the distance education system. It is also urged by them that the Distance Eduction Council of IGNOU has no authority to direct the Univerisity not to have study centres outside the State. As has been stated hereinabove in Section 2 of the IGNOU Act. Sub-section (2) of Section 1 clearly lays down that the 1991 Adhiniyam extends to the whole of Madhya Pradesh whereas provision in the IGNOU Act provides to extend the distance education to whole of India. Thus as per the said Statute it can have the study centres through out India but the Bhoj (Open) University cannot have study centres within the whole of the State. The quality of Distance Education system can be controlled. Mode of Distance Education system may be practiced by way of telecast, broadcast and correspondence courses but that does not mean a regional centre or a study centre can be established beyond the territorial jurisdiction of the State as the Act extends only to whole of Madhya Pradesh. Section 3 provides that the headquarters of the University shall be at Bhopal or it may establish or maintain Regional Centres and Study Centres at such places as it may deem fit, but such places have to have the nexus and the connection with the provision of the Statute inasmuch as it cannot go beyond the territorial limits of the State of Madhya Pradesh. As this juncture we may refer with profit that the State Legislature has enacted the Madhya Pradesh Vishwavidyalay Adhiniyanm, 1973. Section 7 of the said 1973 Adhiniyam deals with the territorial limits of the state of Madhya Pradesh. The said section stipulates that the University under the said Act shall not extend beyond the limits of territorial jurisdiction specified in Second Schedule from time to time. The first proviso to the said section lays postulate that the State Government may authorise the University to associate or to admit to any of its privileges to colleges situated situated within the State outside the aforesaid limits in accordance with the provision of the Act and the Statutes made thereunder.