Gauhati High Court
Highbrow vs The Union Of India And 4 Ors on 27 June, 2022
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GAHC010040302022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1643/2022
HIGHBROW,
A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT,
1860, LAXMI BAZAR ROAD, KARIMGANJ TOWN, P.O., P.S. AND DIST.-
KARIMGANJ, REPRESENTED BY ITS CENTER CO-ORDINATOR, SABINA
RAHMAN CHOUDHURY, AGED ABOUT 38 YEARS, PIN- 788710.
VERSUS
THE UNION OF INDIA AND 4 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY
OF HUMAN RESOURCES DEVELOPMENT, NEW DELHI-110001.
2:THE KRISHNA KANTA HANDIQUI STATE OPEN UNIVERSITY
HEADQUARTERS PATGAON
RANI
GUWAHATI-17
REPRESENTED BY ITS VICE CHANCELLOR.
3:THE REGISTRAR
KRISHNA KANTA HANDIQUI STATE OPEN UNIVERSITY
RANI
PATGAON
GUWAHATI-17.
4:THE UNIVERSITY GRANTS COMMISSION
35 FEROZ SHAH ROAD
NEW DELHI-110001
REPRESENTED BY THE VICE CHAIRMAN.
5:THE EDUCATION OFFICER UNIVERSITY GRANTS COMMISSION
DISTANCE EDUCATION BUREAU
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FEROZ SHAH ROAD
NEW DELHI-110001
Advocate for the Petitioner : MR. M DUTTA
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
27/06/2022
Heard Mr. M Dutta, learned counsel for the petitioner and Mr. K Gogoi, learned CGC for the
respondent No. 1. Also heard Mr. P J Phukan, learned Standing counsel, K. K. Handique State Open
University for the respondent Nos. 2 & 3 and Mr. A Chamuah, learned Standing counsel, UGC for the
respondent No. 4.
It is submitted by the petitioner that the authorities in the K. K. Handique State Open
University (KKHSOU) by its communication dated 06.07.2010 informed the petitioner about its
approval for setting up of a Study Center of the said University in its Institution.
However, by the impugned Notification dated 20.01.2022 in terms of the decision of the 65 th
meeting of the Board of Management of the said KKHSOU and as per the decision of this Court passed
in WP(C) No. 5746/2016, said KKHSOU decided to close down the 130 nos. of Study Centers of the
said University in Private and non-provincialised colleges/institutions as the Study Centers of the said
University, wherein the name of the petitioner figured at Serial No. 95.
Being aggrieved with the same, the petitioner has preferred this writ petition.
Mr. A Chamuah, learned Standing counsel, UGC has placed a copy of the judgment and
order dated 13.02.2019 passed by a Co-ordinate Bench of this Court in WP(C) No. 2983/2017
(Purnendu Sekhar Debnath Vs. State of Assam and 7 Ors .) apprising the Court that the UGC by its
communication dated 09.08.2001 had instructed the Registrars of all the Universities to stop franchise
so that no students are to be permitted in any such Study Centers of the University.
Mr. A Chamuah, learned Standing counsel, UGC also placed that the said judgment and
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order dated 13.02.2019 passed in WP(C) No. 2983/2017 was upheld by a Division Bench of this Court
in WA No. 197/2020.
Issue notice, returnable by 6 (six) weeks.
As Mr. K Gogoi, learned CGC, Mr. P J Phukan, learned Standing counsel, KKHSOU and
Mr. A Chamuah, learned Standing counsel, UGC have accepted notice on behalf of the respondent
Nos. 1; 2 & 3 and 4 respectively, no formal notice need to be issued to those respondents.
Petitioner shall serve requisite extra copies of this writ petition along with the Annexures
appended thereto to Mr. K Gogoi, learned CGC, Mr. P J Phukan, learned Standing counsel, KKHSOU
and Mr. A Chamuah, learned Standing counsel, UGC by tomorrow, i.e., 28.06.2022, obtaining
necessary acknowledgment from them in that regard.
List accordingly.
JUDGE
Comparing Assistant
