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TMI Blog2007 (5) TMI 645X X X X Extracts X X X X X X X X Extracts X X X X ..... Schedule. The University is to exercise its jurisdiction within the limits of districts Badaun, Bareilly, Bijnor, Jyotiba Phule Nagar, Moradabad, Pilibhit, Rampur and Shahjahanpur in terms of Entry 7 of the Schedule appended to the Act 4. The Executive Council of the University was constituted in terms of Section 51 of the Act. The power to make ordinance is contained in Section 51 of the Act, clauses (a), (b) and (h) of Section 51(2) whereof read as under: "(2) Without prejudice to the generality of the provisions of sub-Section (1), the Ordinance shall provide for the following matters, namely- (a) the admission of students to the University and their enrolment and continuance as such; (b) the courses of study to be laid down for all degrees, diplomas and other academic distinctions of the University; *** *** *** (h) all matters relating to correspondence courses and private candidates;" 5. Section 52 of the Act provides for the manner in which the ordinance is to be made. Sections 52(2) and 52(2-A) of the Act read as under: "(2) The First Ordinances of the Universities of Kumaun and Garhwal and of any other University to be established after the com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... request that the ordinances as sent by the University may be included in the First Ordinances as Chapter No. XXII which is to be framed by the State Government. By a letter dated 19.03.2004, the State Government granted approval to run the diploma and certificate courses of the University through distance education mode. Since the degree course was not included in the letter issued by the State Government dated 05.04.2004, the Registrar of the University requested the State Government to grant permission for starting distance programme under distance education mode. 8. The Chancellor, as noticed hereinbefore, disapproved the proposal for starting a new course in distance education, by reason of the impugned order dated 12.08.2005, opining: "From the above analysis, it is clear that the distance education programme started by Mahatma Jyotiba Phule Rohilkhand University, Bareilly is wholly irregular and irresponsible work, which is cancelled with immediate effect and the University is directed that all the activities related to these programmes be closed immediately. It is required of the University that the students who have got enrolled for these programmes the corresponde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court opined that in certain circumstances the Chancellor has the power to act suo motu and the circumstances mentioned in his orders were exceptional ones writing invocation thereof. 12. Ms. Sunita Aggarwal, learned counsel appearing on behalf of the appellants, inter alia would submit that as the appellants were not parties in the earlier writ proceedings, the decision rendered therein was not binding on them. Had the appellants been parties, it was urged, they could have shown that all the necessary steps for making an ordinance had been taken. The University, the learned counsel would contend, having granted permission to start the courses pursuant whereto and in furtherance whereof students having been admitted, it will cause a great hardship to the students if they are forced to stop their studies and switch over to the distance education programme. 13. Mr. Ravi Prakash Mehrotra, learned counsel appearing on behalf of the respondents, on the other hand, submitted that such study centres cannot be legally permitted to be opened beyond the territorial jurisdiction of the University. It was also submitted that as use of such study centres has financial aspects, a previous ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in formal stream." 17. Although we are inclined to agree with the learned counsel appearing on behalf of the appellants that for all intent and purport the requirements of law for making an ordinance by the Executive Council of the University had been done pursuant whereto new courses could be opened, we are, however, unable to persuade ourselves to accept the contention that such study centres should be permitted to be operated beyond the territorial jurisdiction of the University. Section 5 of the Act clearly states in regard to the territorial jurisdiction of the University. In terms of the Schedule appended to the Act, the territorial jurisdiction of the University is confined only to seven districts, Nainital not being one of them. Each University in the country which is recognized under the University Grants Commission Act must have their own territorial jurisdiction save and except for the Central Universities or specified in the Legislative or Parliamentary Act. 18. The submission of the learned counsel that for the purpose of running a distance education course, extra-territorial activities must be carried out may not be entirely correct. It is one thing to say that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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