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HC faults TSCHE in cancelling MBA admission to student

Hyderabad: The Telangana High Court has faulted the Telangana State Council for Higher Education (TSCHE) for cancelling the admission of an MBA student who completed his B.Com degree from GITAM University via distance learning.

The TSCHE abruptly withdrew the admission of a student Sunkeshula Dheeraj who had qualified for the ICET exam and secured an MBA seat at an institution affiliated to Satavahana University under management quota. The admission was cancelled on the grounds that the GITAM University in Andhra Pradesh, where Dheeraj completed his B.Com degree via Open and Distance Learning (ODL), lacked the authorization to conduct distance courses in states other than its own.

The UGC/ODL Regulation, 2017 stipulated that a deemed to be university shall operate only within its headquarters or from those off-campus centres which are approved by the government of India. It cannot offer courses through ODL mode from the study centre located in other states beyond its territorial jurisdiction

Further, the TSCHE stated that, in accordance with the UGC Guidelines 2017, the ODL Course programs should have been attached to a CDL study center for advising, counselling, vocational guidance, library services, and providing an interface between the teacher and the learner rendering academic, any other related services and assistance like field experience, lab experimental work, ICT facilities for operations and interaction, and so on.

The TSCHE contended that the petitioner's experience with all of these facilities without attending any study center outside of the territorial jurisdiction of the institute issuing the degree by such institute is not feasible. The Single Judge also upheld the TSCHE's arguments and denied Dheeraj's petition. The single judge also upheld the TSCHE's arguments and rejected Dheeraj's petition. Dheeraj, who was upset with the single judge's orders, filed an appeal, which was heard on Tuesday by the division bench comprising Chief Justice Ujjal Bhuyan and Justice N. Tukaramji.

Senior counsel L. Ravichander, representing Dheeraj, contended that the student completed his bachelor's degree via distance learning at the GITAM Deemed University, which has approval from the UGC, AICTE, and Distance Education Council. Therefore, the certificate issued to the student was valid, he argued. Further, the senior counsel questioned how TSCHE could cancel admission on the basis that there is no bona fide study certificate since the certificates were scrutinized at the time of application and admission was given. The Chief Justice faulted the TSCHE and issued interim orders setting aside the TSCHE's decision to cancel the admission to the student. The court instructed the TSCHE to submit its stand by June 26 or the ruling would be final.

( Source : Deccan Chronicle. )
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