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1 - 10 of 23 (0.44 seconds)Uttarakhand Open University Act, 2005
Section 26 in The University Grants Commission Act, 1956 [Entire Act]
Annamalai University Rep.By Registrar vs Secy. To Govt. Infn &Toursm Dept & Ors on 25 February, 2009
“60.It was laid down by this Court in Annamalai
University v. Secretary to Government, Information and
Tourism Department10 that no relaxation could be granted in
regard to the basic things necessary for conferment for a
degree and if a mandatory provision is not complied with by an
administrative authority, the action would be void. This leads
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27
us to conclude that the permissions granted by DEC in the first
instance allowing the Deemed to be Universities in question to
introduce courses leading to the award of degrees in
engineering were illegal and opposed to Law. The illegality in
the exercise of power was to such an extent that it could not
be cured by ex post facto approvals granted later. We have
also seen that the exercise of grant of ex post facto approvals,
as a matter of fact, was only superficial and perfunctory. Such
even when specific complaints were received about concerned
Deemed to be Universities. Yet, without causing any
inspection such power was exercised which part is already
dealt with and the exercise of power has been found by us to
be suffering from illegality and infirmity. The only thing in
favour of the concerned Deemed to be Universities is the fact
that the Joint Committee of UGC – AICTE – DEC had endorsed
the decision though such exercise was also completely flawed.
That exercise was against Para 10 of the MoU dated
10.05.2007, which contemplated causing of inspections and
the decision dated 11.05.2007 of the Joint Committee itself
that for an Institution/University to offer distance education
programmes it was mandatory to offer the same in face to
face mode.
Article 246 in Constitution of India [Constitution]
Section 2 in The University Grants Commission Act, 1956 [Entire Act]
Annamalai University Act, 2013
Section 5 in Uttarakhand Open University Act, 2005 [Entire Act]
Section 11 in Annamalai University Act, 2013 [Entire Act]
Orissa Lift Irrigation Corp.Ltd. vs Rabi Sankar Patro on 3 November, 2017
10.Above all the Hon'ble Supreme Court of India recently considered the
very same issue in the case of Orissa Lift Irrigation Corp. Ltd. Vs. Rabi
Sankar Patro reported in 2017 SCC Online SC 1281. The relevant paragraphs
60 and 70 of the Judgment is extracted here under: