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Delhi HC Upholds NBE Order, Denies Additional Attempts to Student

The Delhi High Court in Dr. Akant Pandey vs The National Board of Examination & Anr held that where the petitioner had already exceeded the maximum number of attempts of Diplomate of National Board (DNB) final examination and therefore cannot be further given a chance to attempt examination. 

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GoI Issues Advisory to Citizens, Urges Exercising Caution Against Ed-tech Companies

The Government of India through the Press Information Bureau (PIB) of Delhi released “Advisory to Citizens Regarding Use of Caution Against Ed-tech Companies.” The advisory enumerates the do’s and don’ts to be taken care of by the parents, students and all stakeholders in school education while deciding on opting for online content and coaching being offered by several Ed-tech companies.  

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Allow 2 Years Extension Period for Student to Complete 5 Year Law Course: Andhra Pradesh HC

The Andhra Pradesh High Court in K. Samuel Mathew Vs. The State of Andhra Pradesh and Ors. directed the respondent to act with a humanitarian approach and consider the petitioner-student’s plea for clearing his 43 papers of the 5 years law course. The grievance of the petitioner had arisen due to the erroneous recording of his details by the respondent-university. 

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UGC Announces Maternity Leave for Women Students

The University Grants Commission (UGC) released a notice announcing the provision of Maternity Leave for Women Students pursuing M.Phil./Ph.D. The details of it are enshrined in the UGC (Minimum Standards and Procedure for Award of M.Phil./ Ph.D. Degrees) Regulations, 2016.

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Refusal to Refund Fees for Late Cancellation of Admission Discretion of the Institute: Bombay HC

The  Bombay High Court in Akash Munjaji Kandhare vs The Deogiri Institute of Engineering and Management Studies allowed the respondent institute the discretion to impose fees upon student cancelling admission beyond the stipulated deadline. However, the court directed the respondent to return the original documents of the petitioner submitted during the process of admission.

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Pandemic Repercussions to be Considered in Levying Fees: Patna HC

The Patna High Court in Kartikay Trivedi & Ors vs Chanakya National Law University held the demand of facility and library fees from students as arbitrary and illegal as the students, owing to the pandemic lockdown, had not utilized these resources. The court additionally asked educational institutes to adopt a sensitive approach when charging fees, especially during the pandemic. 

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UGC Issues Educational Framework for Global Citizenship in Higher Education

University Grants Commission (UGC) issued a notice on Educational Framework for Global Citizenship in Higher Education. The framework aims to provide conceptual clarity on corelating the higher educational institution and global citizenship among students encouraged by teachers, pedagogy and research along with inputs relating to knowledge, skills and value system for becoming a global-citizens. 

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Debarring Eligible Candidate on Grounds of Invalid Caste Certificate Unfair: Rajasthan HC

The High Court of Rajasthan in Kashish Prajapati D/o Hari Chand Prajapati vs Union of India held that petitioner, an eligible candidate, cannot be debarred from admission by invalidating her caste certificate. The court additionally directed the respondent to admit the petitioner to the special round of counselling to be conducted by Central Seat Allocation Board (CSAB)-2021, MNIT, Jaipur. 

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NMC Introduces Stringent Ragging Laws With Stern Punitive Action

National Medical Commission (NMC) passed the (Prevention and Prohibition of Ragging in Medical Colleges and Institutions) Regulations, 2021. With a view to eradicating the menace of ragging, the new regulation is stricter in its approach, and an attempt to make an all-encompassing definition has been made. Activities causing physiological and psychological harm, embarrassment, shame to a fresher or any other student, among others have been included in the definition.  

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AICTE Superannuation Rules to Prevail Over State Condition of Services: Bombay HC

The High Court of Bombay in The Principal, Bhausaheb Vartak … vs Mukesh Narendra Gangrade And Ors held the superannuation period shall be the age of 60 as per the regulations provided under the All India Council for Technical Education (AICTE) regulations and not under Maharashtra Employees of Private Schools (Conditions of Service) Rules (MEPS Rules). 

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Consortium of National Law Universities Releases Dates for CLAT 2022 and CLAT 2023

14th November 2021, the Consortium of National Law Universities (NLUs), through a press release, announced the dates for CLAT 2022 and 2023. The Annual Executive Committee and the General Body Meetings of the Consortium of NLUs at the NALSAR University of Law, Hyderabad under the Chairmanship of Prof. Faizan Mustafa, decided the dates for CLAT 2022 and CLAT 2023.  

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Withholding Documents of Medical Student for Not Serving in Rural Areas & Enforcing Exorbitant Bond Unjustifiable: Gujarat HC

The High Court of Gujrat in Rajesh Manibhai Patel & 1 other vs GMERS Medical College Himmatnagar Through Dean and Additional Dean As I/C Dean & 2 Other(s)-R/LETTERS PATENT APPEAL NO. 990 of 2021 – the court directed the respondent to furnish the withheld documents of the petitioner – a medical student for failing to pay the bond amount of Rs. 2,00,000/- Further, the court urged the authority to not indulge in petty disputes and act in line with the idea of being a welfare state.

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Admissions Exceeding Student Intake Capacity, Illegal: Rajasthan HC

The Jaipur Bench of Rajasthan High Court in R.N.T. Memorial College vs Commissioner, College Shiksha — S.B. Civil Writ Petition No.8170/2021, canceled the admissions of students enrolled in petitioner college in excess of the sanctioned seats. The court dismissed the prayers seeking directives for the University allowing students to appear for exams and to increase the seat capacity of the petitioner college.

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AICTE Seeks PG Student Dropout Details for Stoppage of Scholarships

AICTE through a letter has sought information from colleges regarding PG dropouts for initiating stoppage of scholarships of such students. The letter mentions lapse on the part of colleges from providing timely details of students who leave PG courses midway and continue to benefit from the scholarship amount, terming such uninterrupted release as unauthorized.

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Practice of Colleges Recovering Penalties Imposed on them through Students, Fraudulent: Allahabad HC

Allahabad High Court in Ram Avatar Kalyani Devi Kanya Mahavidyalay Thru Manager & Ors Vs. State Of U.P. Thru Prin.Secy.Higher Education Lucknow & Ors.– Misc. Single No. – 14258 of 2021 and two other related cases called out and sought immediate action by the State Government on the fraudulent practice adopted by colleges wherein they recover penalties imposed by the affiliated University on them through students.

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Error in Merit List Leading to Cancellation of Admissions of Innocent Students Invalid: Delhi HC

The Delhi High Court clubbing two writ petitions pertaining to the same matter in Yatendra Singh Vs Indira Gandhi Institute of Physical Education and Sports Sciences (IGIPESS) & Anr and Vivek Vats Vs Indira Gandhi Institute of Physical Education and Sports Sciences & Anr., held that the petitioners should not suffer owing to the respondent institutes fallacious merit list and were entitled to continue their course without any disturbance.

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Vested Political Interest Involved, Rustication Order of Students Set Aside by Calcutta HC

The Calcutta High Court in Visva Bharati and another Vs. State of West Bengal & Ors — W.P.A. No. 13553 of 2021 set aside rustication orders of three students passed by the special enquiry committee.  The students were rusticated for three years for breaking the seal on the chamber of a professor and for causing disorder in the University. The court observed that students were used as a front by the vested political interests from outside the University.

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UGC Extends Mandatory Requirement of Ph.D for Appointment of Assistant Professors to 2023

The University Grants Commission, through a letter, announced the amendment to the UGC (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Higher Education) Regulations 2018. As per the amendment, the UGC, owing to the outbreak of the Covid-19 pandemic has extended the date of applicability of mandatory Ph.D. qualification for direct recruitment of Assistant Professors. The earlier date of applicability was 01.07.2021; the revised date is now 01.07.2021.

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Mid-Process Correction In Recruitment Application Not Permissible: Allahabad HC

The Division Bench of Allahabad High Court in The Basic Education Board U.P. Vs. Manisha Singh — Special Appeal Defective No. – 551 of 2021 set aside orders of single judge bench allowing correction in the online application form for Recruitment Examination 2019 for the post of Assistant Teacher. The Court rejected the candidate’s plea to correct her graduation marks – CGPA of 7.57  which she submitted as 8  since the marks could not be filled in the format of fractions in the online application.

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Schools Permitted to Initiate Necessary Action for Recovering Pending Fees: SC

The Supreme Court of India in Progressive Schools Association vs. The State of Rajasthan & Anr. –Civil Appeal No 1736/2021, issued a clarification on its earlier judgment dated 03.05.2021 and permitted the schools to initiate necessary action against students who failed to pay the installments as enumerated in the judgment. The court additionally reiterated that any such recovery procedure should be done in strict adherence to the law.

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Kerala HC Condemns Bank on Rejecting Educational Loan to Student on Parents Inability to Repay, Directs Immediate Disbursement

The Kerala High Court in Devika Soniraj vs The Zonal Manager, Bank of India and Anr. — WP(C) no. 6593 of 2021— directed the respondent to disburse the educational loan to the petitioner, a second year BAMS (Bachelor of Ayurveda Medicine and Surgery) student whose loan request was rejected by the bank based on the financial position of the petitioner and her father as they would not be able to pay the deficit fee to the college and the petitioner in such case wouldn’t be able to complete the course thereby affecting her “projected future earnings”.

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Psychiatry as a PG Course Must Be Implemented In Every Medical College: Madras HC

The Madras High Court in K.R Raja Vs the State of Tamil Nadu & Ors. -W. P 16484 of 2020- while hearing the petitioner’s plea to setup a medical wing in Trichy Central Prison or Madurai Central Prison exclusively to provide mental health care facilities to the prisoners with mental illness and with round the clock availability of treatment as per Mental Health Care Act, 2017, commented on the severe lack of psychiatrists in the country. The court ruled that psychiatrists are the need of the hour and it is essential that psychiatry as a subject should be introduced in every medical college.

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Despite Government Resolution, Bombay HC Allows Secondary School Compassionate Appointment of A Peon

Bombay High Court in Sunil Gundu Desai vs The State of Maharashtra & Ors. (WP no. 4673 of 2019) held that Government Resolution dated 12th February 2015 imposing ban on fresh recruitment does not apply to compassionate appointments and directed the Education Officer (Secondary), respondent no.2 to grant approval for the appointment of the petitioner on a compassionate basis to the post of a peon at Sahyadri Vidyalaya School, respondent no.4 w.e.f. 1st October 2014, with all consequential benefits.

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Tripura HC Strikes Down TPSC Notification Cancelling Existing Recruitments, Allows Recruitment of Lecturers

Tripura High Court in State Of Tripura and Ors. Vs. Pratik Saha and Ors. — W.A. No.229/2020, directed the Tripura Public Service Commission to complete the selection process for the post of Lecturers in Diploma Level Technical Institution which was cancelled by notification of TPSC dated 13.11.2018 as the new recruitment policy was formulated by the State Government on 05.06.2018. The new policy stated that all existing recruitment processes were to be cancelled but the court allowed the continuation of the selection process.

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Supplementary Examinations Not A First Attempt, Not Eligible for Revaluation: Chhattisgarh HC

Chhattisgarh High Court in Sudip Kumar Ture Vs. State Of Chhattisgarh — WPC No. 3282 of 2021, disallowed revaluation of supplementary exams conducted for 2nd Year MBBS candidates. The court reading the relevant ordinance held that where revaluations were allowed only for students appearing for the first time, a supplementary exam cannot be treated as the first appearance.

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Change in Recruitment Advertisement to Comply with Rules, Legal: Sikkim HC

Sikkim High Court in Dechen Ongmu Bhutia and Anr Vs. Sikkim Public Service Commission and Anr — W.P. (C) No.13 of 2018, refused to include M.Phil. as a qualification in the recruitment of Assistant Professor. Although it had appeared in the advertisement issued by Sikkim Public Service Commission it was later rectified by issuing a corrigendum. The court held that if the qualification prescribed went against the recruitment rules and was rectified such amendment cannot be illegal.

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UGC Introduces Apprenticeship/Internship Embedded Degree Program for Fresh Graduates

The University Grants Commission, in continuation to its letter dated 7th December 2020 on ‘UGC Guidelines for Higher Education Institutions to Offer Apprenticeship/Internship Embedded Degree Programme’ for integrating apprenticeship/internship with general degree programmes of universities called for the promotion of the initiative.

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Sikkim HC Strikes Down University Provision Disregarding Re-evaluated Marks, Directs University to Award Student Gold Medal

High Court of Sikkim in Neha Sharma Vs Sikkim University & Ors1– W.P. (C) No. 36 of 2019 – declared the last sentence of Clause 10 of the Regulations on Conduct of Examinations of the Sikkim University disregarding re-evaluated marks, to be ultra vires Article 14 of the Constitution of India and directed the respondent university to award the petitioner with a gold medal for having secured the highest marks as per the re-evaluation results in M.A. Sociology in 2017 

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High School Certificate Primary Proof in Determining Age Factor: Allahabad HC

Allahabad High Court in Ankit And Anr Vs State Of U.P. And 3 Ors — Writ – C No. – 10853 of 2021, held that High School Certificate is the primary source for determination of the age of a minor and supersedes other documentary evidence such as Aadhar Card and Medico-Legal Evidences. The petition was filed by petitioners claiming themselves to be major and married on 28.02.2021, and asking for direction to respondents for non-interference and enforcement of protection as envisaged under Article 21 and Article 22. 

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No Physical Classes Held, Kerala HC Validates State’s Decision of Not Awarding Grace Marks for Extracurricular Activities in the Academic Year 2020-21

Kerala High Court while hearing a batch of 9 petitions in Yadunandan M (Minor) Vs. State Of Kerala — W.P.(C) No.13763 of 2021 & con. cases, upheld the communication of Additional Secretary, General Education Department to the Director of Public Education Department whereby it was decided that grace marks will not be awarded in SSLC and Plus Two (Class X & Class XII) for the academic year 2020-21. The court stated that no illegality can be attributed to the state as it is the duty of the state to assess the situation prevailing and formulate accordingly, and as there were no physical classes and extracurricular activities conducted due to Covid-19 Pandemic, State was right in not awarding the grace marks. 

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SC Grants Relief to Medical Post-Doctoral Candidate Unable to Submit Passing Certificate Before the Deadline as Covid-19 Delayed His Exams

Supreme Court in All India Institute Of Medical Sciences Vs. U. Asha & Ors. — Special Leave to Appeal (C) No(s). 12338/2021, directed All India Institute of Medical Sciences (AIIMS) New Delhi, to allow a Final Year MD student and doctor to participate in the counselling for Post-Doctoral Course and admit him in the vacant seat available. The student could not acquire the certificate of passing the MD exams as the exams were delayed due to the Covid-19 Pandemic. The court noted that this direction is in light of peculiar facts of the case and the same shall not be treated as the precedent. 

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Centre Informs Supreme Court that it is Agreeable to Induction of Women in NDA

In a landmark move, the Center informed the Supreme Court on the induction of women into the Indian Armed Forces through the National Defense Academy (NDA). It, however, sought exemption for the current year NDA admissions as the examinations were soon approaching on the 24th of November and also requested permission for carrying out infrastructural changes.

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SC Upholds Karnataka HC Decision Directing NLSIU to Promote Failed Student as Protocol Overlooked by University

Supreme Court of India, in National Law School of India University Vs Hruday P.B & Anr.1 (S.L. A No. 7367/2021) disposed the petitioner-university’s Special Leave of Appeal and directed it to promote the respondent-student to the 4th year of the 5-year B.A.LL.B. The Court held that the respondent had cleared one project required for his promotion to the next class and the petitioner university had not followed proper protocols in failing the student. 

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Economic Situation Better, Deposit 50% School Fee or Face Action: Calcutta HC

The Division Bench of Calcutta High Court while hearing a Public Interest Litigation (PIL) in Rajib Chakraborty and Ors. Vs. The State of West Bengal and Ors — W.P.A.(P) 162 of 2021, passed an interim order stating that parents should pay 50% of due school fees, failing which actions will be taken against the student including suspension, removal from the roll of the school, and suspending qualification and certificates till the school fees are paid. 

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Delhi HC Directs NBE to Award Extra Mark to Erroneous Question in December 2020 FMGE

Delhi High Court in Association of MD Physicians vs National Board of Examination directed the respondent, National Board of Examination (NBE) to treat an erroneous question which appeared in the Foreign Medical Graduates Examination (FMGE), conducted in December 2020, as deleted and to award an extra mark to candidates who were assessed as having given an incorrect answer to the disputed question.

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CBSE & ICSE Improvement Examination Schedule Recorded, Petition for Fee Refund Dismissed: SC

Supreme Court of India in Association of Private Schools of Uttar Pradesh and Anr. V. Union of India & Others – while hearing a writ petition filed by the Association of Private Schools of Uttar Pradesh, allayed the apprehension of students and recorded in its order, the schedule for conducting exams for Improvement/Compartment/Private/Patrachar students of Class XII and Class X, as submitted by the respondents Central Board of Secondary Education (C.B.S.E.) and Indian Certificate of Secondary Education (I.C.S.E.), in the separately filed affidavits.

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Claim of Obtaining Degree in Absence of Valid Documents Unsustainable: Sikkim HC

High Court of Sikkim, in Jyoti Agarwal Vs State of Sikkim exercising its extraordinary jurisdiction under Article 226 declared that it cannot recognise a degree to be valid in the absence of documents supporting the claim, and held the petitioner’s degree in M.A Mathematics offered by the Eastern Institute for Integrated Learning in Management University, Sikkim (EIILM University) to be invalid.

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Covid-19 Situation Improving, Consider Serving Doctor’s Application of Study Leave: SC

Honourable Supreme Court in the matter of Dr. Rohit Kumar vs. Secretary Office of Lt. Governor of Delhi- CA No. 2739/2021 directed the Government of NCT of Delhi to re-consider the application of the appellant seeking study leave for pursuing MD course in Paediatrics, and take a favourable decision and in light of the declining COVID-19 cases in NCT of Delhi.

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Teachers Not to Be Deployed for Non-Educational Work Under RTE: Allahabad HC

Allahabad High Court in Charu Gaur and 2 Others Vs State of U P and 6 Others quashed orders of authorities of State and Parishad, deploying primary teacher as Booth Level Officer. The court directed the State Government to issue necessary instructions to the concerned District Magistrates and District Basic Education Officer that provisions of Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) shall not be contravened.

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Assistant Professors of Chandigarh Technical Institute to Retire at 65 Not 58: Punjab and Haryana HC

The Punjab and Haryana High Court in Dr. Jogender Pal Singh and Others Vs. Union of India and Others held that the AICTE Regulations, 2019 would apply in supersession of the rules made by the President under the proviso to Article 309 of the Constitution and directed the Chandigarh Union Territory Administration to reappoint the petitioners as assistant professors of Government College of Arts and Government College of Architecture, who were superannuated after attaining 60 years of age.

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Delhi High Court Directs Payment of Gratuity to Retired Part-Time Vocational Teacher

Delhi High Court in Janardan Sharma vs GNCT of Delhi Through its Chief Secretary & Ors. [WP(C) no. 11154 of 2019] pronounced that the Payment of Gratuity Act, 1972 “does not draw a distinction between a fulltime employee / a part time employee / ad hoc employee etc.” and directed the respondents to pay gratuity to the petitioner, a retired part-time vocational teacher.

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Courts to Not Manage Affairs of Private Universities: Chhattisgarh HC

High Court of Chhattisgarh in Sejal Makkad & others v. Amity University held that it cannot interfere in the administration of a private university wherein the university has established a committee for addressing and resolving concerns of students upon making a written application to the committee.

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Orissa HC Applies Principle of Lien, Directs Inclusion of Assistant Teacher’s Name in Draft Gradation List

The Orissa High Court in Bamadev Sahoo vs State of Orissa and Others [WPC (OAC) no. 4118 of 2012] directed the Director, Elementary Education, Odisha and District Inspector of Schools, Angul to fix seniority of and include the name of the petitioner in the draft gradation list dated 1st September 2012 as per the Orissa Elementary Education (Method of Recruitment and Conditions of Service of Teachers and Officers) Rules, 1997.

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Supreme Court Restores CIT Order Cancelling Registration of Trust for Receiving Bogus Donations

Supreme Court in Commissioner of Income Tax (Exemptions), Kolkata vs Batanagar Education and Research Trust – CA no. 4451 of 2021 – set aside the Calcutta High Court judgment dated 9th October 2018 and restored the order dated 25th June 2016 passed by the Commissioner of Income Tax (Exemption) (CIT) cancelling the registration of the respondent Trust for receiving bogus donations.

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SSC and HSC Examinations Cancelled, Consider Plea for Fee Refund: Bombay HC

Bombay High Court in Shri Pratapsing Ganpatsing Chopadar vs The Chairman, Maharashtra State Board of Secondary & Higher Secondary Education & Anr. (PIL no. 39 of 2021) directed respondent no. 1, Chairman of the Maharashtra State Board of Secondary & Higher Secondary Education, to consider the refund of cancelled SSC and HSC examinations owing to the COVID-19 pandemic.

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Supreme Court Upholds Gujarat HC Judgment Recognizing Daily Wagers’ Right for Regularization

Supreme Court in Vice Chancellor Anand Agriculture University vs Kanubhai Nanubhai Vaghela and Anr. (CA no. 4443 of 2021) and two other cases upheld the order of Gujarat High Court directing appellant University to treat the daily wagers such as sweepers, helpers, plumbers, etc employed in their research centres, as permanent employees from the date they completed 10 years of service in accordance with the University scheme.

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Supreme Court Rejects Plea Seeking Postponement of CLAT 2021

20th July 2021, the Supreme Court in Prateek Phagiwala & Anr. vs Consortium of National Law Universities & Ors. [WP(C) no. 728 of 2021] and Justice for All vs Consortium of National Law Universities [WP(C) no. 780 of 2021] dismissed the petitioners’ plea for postponement of Common Law Admission Test (CLAT) – 2021, holding that it is improper to “postpone the examination at this stage” as the examination is slated to be held shortly, i.e., on 23rd July 2021.

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UGC Issues New Guidelines for Examinations for the Academic Year 2021-22

16th July 2021, the University Grants Commission (UGC), in view of the COVID-19 pandemic, announced the issue of new guidelines for the conduct of examinations and the academic calendar for Higher Education Institutions (HEIs) for the academic year 2021-22 — UGC Guidelines on Examinations and Academic Calendar.

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Karnataka HC Dismisses PIL Seeking Cancellation of Karnataka SSLC Exams 2021 

Karnataka High Court Sri S V Singre Gowda Vs. The State of Karnataka — Writ Petition No.12441/2021 (EDN-EX-PIL) refused to cancel Secondary School Leaving Certificate (SSLC) Exams to be conducted by the State Government of Karnataka. The court directed the State government to conduct exams scheduled on 19.07.2021 and 22.07.2021 in strict adherence to COVID-19 Standard Operating Procedure (SOP) issued by Karnataka Secondary Education Examination Board, and while ensuring maintenance of social distancing, use of mask, and use of sanitizers.  

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Issue Pending Degree Certificates to 1,763 Mithibai College Students: Bombay HC to Mumbai University

Bombay High Court in SVKM’s Mithibai College of Arts and Anr. vs University of Mumbai and 2 Ors. directed Mumbai University to release withheld degree certificates of 128 students of ATKT Batch of 2018-19, 1380 students of Regular Batch of 2019-20 and 255 students of Postgraduate Regular Batch on the ground that the petitioner College, on being granted autonomy applied its new grading system with respect to courses which had already commenced before the grant of autonomy.

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Student Claiming Ignorance of Eligibility Criteria for MBA Admissions, Inadmissible: Orissa HC 

Orissa High Court in Subha Chandra Sahoo v. Central University Odisha & others ordered the cancellation of admission of the petitioner-student and observed that the eligibility criteria for pursuing MBA in the Central University of Koraput specified on the website and accessible by candidates invalidates the contention of the petitioner that he was unaware of the eligibility criteria specific to the MBA course in the said University.   

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Ensure Education of Children Who Lost Parents to COVID-19: SC 

Supreme Court of India in a suo moto case, “In Re Contagion of Covid 19 Virus in Children Protection Homes1”, accepting the suggestions of amicus curiae passed an order directing States, particularly, Telangana, Tamil Nadu, Kerala, Karnataka, Gujarat, Rajasthan Uttar Pradesh, Maharashtra, Bihar and Jharkhand not to deny children education who have lost their parents amid COVID-19. 

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Bank Guarantee from Students for Annual Fee Illegal: Rajasthan HC

High Court of Rajasthan in Deepesh Singh Beniwal v. Union of India & Ors. declared that the practice of medical college requiring the students to submit a bank guarantee against the annual fees for the next 3½ years in addition to the deposit of their annual fee for the first year, as “illegal.

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UGC: Initiative towards Elimination of Single Use Plastic

The University Grants Commission urged Higher Education Institutions to reduce the use of plastic, especially single-use plastic. The Commission has additionally issued guidelines, the details of which have been made available on the official website.

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AICTE Rules and Regulations Mandatory on Private Unaided Colleges: Karnataka HC

Karnataka High Court in Dr. G.R. Bharath Sai Kumar vs State of Karnataka allowed writ petition (Writ Petition No.15421/2020) of a professor of a private unaided engineering college and passed judgment to quash the memo which directed his retirement at the age of 60 as against AICTE regulations which mandate age of superannuation as 65 years for all faculty members and Principals/Directors of institutions.

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Education Consulting Services Recruiting Students for Foreign Universities Taxable under GST: AAR

West Bengal Authority for Advance Ruling (AAR) in In re Global Reach Education Services Pvt. Ltd. (GST AAR West Bengal) 05 of 2018, held that bodies/companies facilitating the admission of students in universities abroad are intermediaries representing Foreign Universities in India and their services do not fall within ‘Export’, within the meaning of Section 2(6) of the Integrated Goods and Services Act, 2017(GST Act).

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Rajasthan HC Quashes ICAI Order Cancelling Student’s Result

Rajasthan High Court quashed the Institute of Chartered Accountants of India (ICAI) Committee order cancelling the results of the petitioner on grounds of her sending an email criticising and questioning the Institute’s officials for holding offline examinations during the COVID-19 pandemic. The HC while directing ICAI to declare the petitioner’s results imposed costs.

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Right to Higher Education Not Fundamental Right But Affirmative State Obligation: SC

The Supreme Court of India has held that even though the right to pursue higher (professional) education is not a fundamental right under the Constitution, the Government has an obligation to facilitate access to education, at all levels, while cautioning that the Government should not consider their responsibility as “generosity”.

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वेबिनार – ' महाराष्ट्रातील खाजगी शाळांमधीलशिस्तभंगाची कार्यवाही: कायदा आणि प्रक्रिया'

महाराष्ट्रातील शिक्षण प्रसारात खाजगी शाळांचा महत्त्वाचा वाटा आहेतथापि, खाजगी शाळांमधील शिस्तभंगाची कारवाई हा संस्थाचालक व कर्मचारी यांच्यातील सौहार्दाला तडा जाण्यास कारणीभूत ठरणारा तसेच कर्मचारी आणि संस्थाचालक यांचे परस्पर हक्क व जबाबदाऱ्या याबाबत संघर्ष निर्माण करणारा महत्त्वाचा घटक आहे.

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Non-Conformity to UGC Regulations in Constitution of POSH Committee permissible in Educational Institution, if Central Act has been followed: HC

HC dismissed a plea against constitution of a POSH Committee wherein an Associate Professor was appointed as Chairperson instead of a Professor, as prescribed in the UGC Regulations, saying that the Committees to deal with complaints of sexual harassment can be changed if the situation warrants, but not in violation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the UGC (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Education Institutions) Regulations, 2015 are to be read in consonance with the Act.
 

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Calcutta HC Upholds Expulsion of Student for Act of Ragging

Calcutta High Court in Sk. Nur Alam vs Director, College of Engineering and Management, Kolaghat upheld the expulsion of the petitioner-student under the West Bengal Prohibition of Ragging in Educational Institutions Act, 2000 for his involvement in ragging of junior students of the college.

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Take Strong Measures to Become a "Ragging Free State": UGC to States

The University Grants Commission (UGC) of India has directed states to adopt strong measures to implement the Anti Ragging Regulations and take stringent actions against those flouting the guidelines. The UGC has further instructed states to ensure that concerns pertaining to “Ragging” are addressed in a time-bound manner to make them a “Ragging Free State” with utmost dispatch.

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Webinar on Anti- Ragging Complaints – Inquiry Procedure and Compliance

As a socio-legal initiative aimed at creating awareness about the procedure and compliance involved in inquiring into anti ragging complaints, EduLegaL is organising a Webinar on 3rd April 2021, encompassing aspects of Anti-Ragging Laws’ ‘Procedure to Inquire into Complaints’, ‘Compliance’ and ‘Report Writing’.

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AICTE Releases New Guidelines for Distance Education and Online Learning

The All India Council for Technical Education (AICTE), in pursuit to achieve the National Education Policy (NEP) 2020 objectives and to promote Open & Distance Learning (ODL) and Online Education, has framed comprehensive guidelines — AICTE (Open and Distance Learning Education and Online Education) Guidelines, 2021.

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Bombay HC: Create Additional Seat for Meritorious MBBS Applicant

Bombay High Court in Annu Pyarelal Sinsinwar v. Union Territory of Dadra and Nagar Haveli and Daman and Diu and Ors., issuing a judgment in favour of the meritorious petitioner-student, directed the respondents to create an additional seat in the medical college and admit the student to the MBBS Course.

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UGC Proposes Framework for Joint, Dual, & Twinning Program with Foreign Higher Educational Institution

The University Grants Commission (UGC) based on a report shared by a Committee constituted by it proposed ‘Draft UGC (Academic collaboration between Indian and foreign Higher Education Institutions to offer Joint Degree, Dual Degree and Twinning Programme) Regulations, 2O21.’  The Draft Regulations further the objective of the National Education Policy (NEP) towards recognizing credits acquired in foreign countries, for awarding degrees, providing a regulatory mechanism to permit dual degrees, joint degrees and twinning arrangements.

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SC to Rajasthan Schools: Collect 100% Fee from March 2021 in 6 Monthly Installments

Supreme Court, passed an interim order, in a joint hearing of Special Leave Petitions (SLP’s) filed by eleven educational institutions, allowing private unaided schools in Rajasthan to collect 100% fees for the academic years 2019-20 and 2020-21, from 5th March 2021 to 5th August 2021, through 6 monthly installments. The fee amount would be the amount notified for the academic year 2019-20.

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Kerala HC Establishes PWD Students Right to Higher Education

The Kerala High Court, in a recent judgment, Ashwathy v. Union of India and Ors., held that Persons with Disabilities (PwD) have a right not only to basic education but also to higher education. This judgment came as a response to a case filed by a woman suffering from cerebral palsy who was rejected admission to the MBBS course.

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Competition Commission of India: BCI Not An Enterprise

The judgement came further to a complaint filed with Competition Commission of India alleging that the Bar Council of India was indulging in an abuse of its dominant position through Clause 28 of the Rules of Legal Education, 2008 prescribing age limitation for entry into legal education.

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Education Sector and Budget 2021-22

Mrs. Nirmala Sitharaman, Minister of Finance, India presented the annual budget and proposed reforms for the fiscal year 2021-2022. To enhance and promote the sector of education visible measures have been undertaken in the Budget.

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BCI Signs MoU With KIIT to Set-up Institute for Training and Research in Law

The Bar Council of India (BCI), spearheading the cause of learning and promoting a teacher-centric approach, has joined hands with one of India’s leading educational institutions, KIIT Deemed University, in an initiative to establish the Indian Institute of Law (IIL) in Bhubaneshwar, Odisha. This Institute will primarily engage in skill upgradation of the law teaching faculty.

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Webinar – Rights of Students / Employees with Disabilities and Schools

Divyang LegaL, a division of RSB LegaL, a full service law firm, specialises in addressing issues relating to DIVYANGJANS ! in achieving their holistic inclusion. In pursuit of its objectives, Divyang LegaL is organizing a webinar on: Rights of Students / Employees with Disabilities and Role of Schools on 27.06.2020 at 4.30 PM

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Webinar – Privacy of Students' Data and its impact on the Schools

Schools collects variable data from students and hence as data fiduciaries they are required to meet certain stringent obligations with respect to data, keeping in mind that any activity of processing data should respect the privacy of the individual at all times. Schools will have to confirm that transparency, accountability and strict mechanisms and processes are in place so as to adhere to various duties and obligations outlined in the Data Law.

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सुप्रीम कोर्ट में अभिभावकों द्वारा दायर जनहित याचिका में जुलाई में आयोजित होने वाली सीबीएसई कक्षा 12 वीं बोर्ड परीक्षा को रद्द करने की मांग

अभिभावकों के एक समूह ने जुलाई में आयोजित होने वाली सीबीएसई कक्षा 12 वीं बोर्ड परीक्षा को रद्द करने की मांग करते हुए जनहित याचिका के माध्यम से माननीय सर्वोच्च न्यायालय का दरवाजा खटखटाया है। उन्होंने यह भी मांग की है कि छात्रों के परिणाम आंतरिक मूल्यांकन के आधार पर घोषित किए जाएं।

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