Saturday, October 5, 2013

Vinayaka Missions wins reprieve from High Court against IGNOU denial of study centres outside Sikkim

GANGTOK, 04 Oct: Vinayaka Missions Sikkim University has got relief from the High Court of Sikkim which, on the private University’s prayer, has stayed the IGNOU decision that State universities cannot have study centres outside the geographical limits of the State [in this case, Sikkim].
The single bench of the High Court granted ex-parte stay till further order, ending for now the uncertainty at VMSU with regard to its study centres outside the state. The University’s study centres for its Distance Education courses have been in quandary since June 2012 after the Indira Gandhi National Open University’s Distance Education Council refused it further permission.
The IGNOU Board of Governors had passed a resolution disallowing Universities from running Distance Education programme beyond the boundaries of their respective states.
The single bench headed by Acting Chief Justice Narendra Kumar Jain, while granting ex-parte relief to Vinayaka Missions Sikkim University, issued notices to the University Grants Commission and Indira Gandhi National Open University directing them to respond before the next date of hearing.
VMSU had prayed for ex-parte stay order barring the University Grants Commission public notice of 17 June, 2013 and further notices and orders as per the resolution adopted in 40th Meeting of Distance Education Council which debarred them from operating off-campus study centres outside Sikkim.
The High Court has directed the Registry to connect the Vinayaka Missions Sikkim University writ with a similar case filed by te Sikkim Manipal University earlier in March, adding that the court has already passed an ad-interim stay order against the decision of 40th Meeting of the Distance Education Council of IGNOU.
Justice Jain said that interim injunction and the order shall be subject to hearing the other side, stating that the operation of the condition ‘but not beyond the boundary of their respective states’ contained in the Minutes of 40th Meeting of the Distance Education Council of IGNOU held on 8 June 2012 and any consequential directions in this regard shall remain stayed.
Vinayak Missions has challenged the Minutes of 40th Meeting of the Distance Education Council of IGNOU in Sikkim High Court seeking court direction to grant continuation of recognition granted by Distance Education Council upon the expiry of recognition, adding that Expert Committee and DEC had accorded recognition for offering programmes through distance mode for further permission to run distance education.

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