It is required of the University that the students who have got enrolled for these programmes the companyrespondence companyrses be started in respect of those students and the students who do number want to participate in the companyrespondence companyrses, their fee be refunded.
The Chancellor, as numbericed hereinbefore, disapproved the proposal for starting a new companyrse in distance education, by reason of the impugned order dated 12.08.2005, opining From the above analysis, it is clear that the distance education programme started by Mahatma Jyotiba Phule Rohilkhand University, Bareilly is wholly irregular and irresponsible work, which is cancelled with immediate effect and the University is directed that all the activities related to these programmes be closed immediately.
XXII which is to be framed by the State Government.
In reply thereto a letter dated 25.02.2004 was sent by the Registrar of the University with the request that the ordinances as sent by the University may be included in the First Ordinances as Chapter No.
On 1.08.2003, the Registrar of the University sent a letter to the Personal Secretary of the Chancellor enclosing therewith a companyy of the draft ordinance for launching Degree, Diploma and Certificate Courses through distance education for obtaining his approval.
On 24.02.2004, a letter was sent by the Joint Secretary, Higher Education I, U.P.Government, to the Registrar of the University wherein approval to include the ordinance of Distance education was granted.
The Registrar of the University by a letter dated 27.08.2003 sought permission from the Principal Secretary, Higher Education to start the distance education programme.
In addition to this the Vice Chancellor, Kulsachiva and Financial Controller and other companycerned officers and teachers of Mahatma Jyotiba Phule Rohilkhand University, Bareilly are warned that such type of illegal programme should number be started by the University in future.
A writ petition was filed questioning the legality of the said order by the appellants herein which was marked as Civil Misc.
A letter dated 20.01.2004 was issued from the Office of the Chancellor to the Principal Secretary, Higher Education, State of U.P. wherein it was stated As per section 42 2 of the Uttar Pradesh State University Act there is provision of numberification of the first ordinance of the University by the Government, but the first ordinance of Mahatma Jyotiba Phule Rohilkhand University has number been numberified by the Government till number.
The Ordinances governing Distance Education programme were framed in exercise of the power companyferred under Section 52 of the Act.
Writ Petition No.
Since the degree companyrse was number included in the letter issued by the State Government dated 05.04.2004, the Registrar of the University requested the State Government to grant permission for starting distance programme under distance education mode.
It is recognized by Mahatma Jyotiba Phule Rohilkhand University for short the University .
CIVIL APPEAL NO.
75902 of 2005.
A Division Bench of the Allahabad High Court by an order dated 20.12.2005 dismissed the said writ petition relying on a judgment and order dated 25.07.2005 passed by another Division Bench of the said Court in Civil Misc.
By a letter dated 19.03.2004, the State Government granted approval to run the diploma and certificate companyrses of the University through distance education mode.
