Educational institutes cannot be treated as retail outlets: HC

Educational institutes cannot be treated as retail outlets: HC

Asks PU To Again Decide Case For Extension Of Affiliation For MBA Course

Ajay.Sura@timesgroup.com

Chandigarh:7.8.2020

Coming down heavily on the Panjab University (PU) over denial of extension of affiliation for MBA course conducted by the DAV Institute of Management, the Punjab and Haryana high court has observed that “educational institutes cannot be treated as retail outlets of a licensed commodity that can be commissioned or de-commissioned anytime.”

“Here discontinuation/ withdrawal of temporary affiliation of petitioner institute is stated to be on account of overall loss of brand equity of the MBA course, apart from alleged non-compliance of the pre-requisite conditions for getting extension of affiliation. Illustratively, it has been pointed out that the Regional Management Centre of PU at Ludhiana, imparting MBA course, has been a failure. Educational institutes, to my mind, cannot and ought not to be treated as retail outlets of a licensed commodity. It is not a gas station/petrol retail outlet which can be commissioned or de-commissioned, in any manner, as the licensing authority so wishes, depending upon its business exigencies,” the high court observed while setting aside the inspection report of the PU regarding affiliation to the DAV Institute of Management to run the MBA course.

The high court was also of the view that for every student, alma mater carries a certain sense of pride for the rest of their life. “In the present case, a peculiar situation has arisen owing to the institutional clash of the country’s two premier institutions, the alumnae of 2nd academic sessions are facing the paradox of no alma mater. If the stated stand of the respondent university (PU) is to prevail, the management institution shall have to shut down. The students who have already graduated would naturally be awarded degrees but, for the rest of their lives, will be products of a defunct institution,” observed the HC.

Justice Arun Monga of the HC has passed these orders while disposing of a petition filed by DAV Institute of Management, Chandigarh. The management had approached the HC against the decision dated April 10, 2019 of the university syndicate conveyed vide letter dated May 2, 2019 asking the petitioner institute to fulfil the deficiencies pointed out by inspection committee constituted by the university and further directions for grant of temporary affiliation to the petitioner-institute for its academic session 2018-19.

The petitioner had applied to the All India Council for Technical Education (AICTE) for approval to start the course of MBA, which was granted on April 30, 2017 subject to the obtaining necessary affiliation/permission from the PU.

Accordingly, petitioner then applied to the PU for affiliation (temporary), which though was granted, but later denied to extend owing to alleged non-compliance of the contingent conditions/deficiencies pointed out by PU’s inspection committee. Aggrieved from denial of extension of affiliation, the management had approached the HC.

The counsel for the management, advocate R D Anand, submitted that the university was still considering the grant of extension of affiliation for the session 2018-19 till May 2, 2019 but the session had already started in July/August 2018.

Contesting the plea, the university pleaded that the petitioner had failed to remove the deficiencies pointed out by the inspection committee for extension of affiliation, therefore, the petition should be dismissed.

After hearing both the parties, the HC observed that the university allowed the students to take the examination on May 2, 2019, which amounts to implied grant of extension for 2018-19. “It was mandatory for the university to grant or refuse the extension of affiliation by May 15, 2018 for the ensuing session 2018-19. This entire lackadaisical approach/ demeanour of the university in such a nonchalant manner does not inspire confidence, to say the least. The university ought to be mindful of the students whose future life and career is at stake,” observed the HC.

The HC also set aside the inspection reports of PU regarding the petitioner management observing that the inspection committees constituted in the present case and their inspection reports forming the basis for refusal of temporary extension of petitioner’s affiliation are not in accordance with law.

The university has also been asked to constitute a fresh inspection committee strictly in accordance with the provisions of Regulation 4.6 of the UGC (Affiliation of Institutes by Universities) Regulations 2009 and on receipt/consideration of its inspection report, to decide the petitioner’s case afresh for extension of the petitioner’s affiliation.