Karnataka HC disposes of the petition filed by The National Law School of India University restricting the conduct of examination outside the State of its establishment.
Central Information Commission in Krishna Murari vs Department of Posts observed that if a candidate wants to review his/her answer script then such student should be allowed to look at their answer script.
The Apex Court in Jigya Yadav vs. C.B.S.E. [CA 3905 OF 2011] the bench comprising Justices AM Khanwilkar, BR Gavai and Krishna Murari observed that student certificates are public records and directed the CBSE to amend bylaws and set in place a mechanism for incorporating changes to it.
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”.
Calcutta High Court passes an order on the maintainability of a petition for writ jurisdiction of HC under Article 226 against Army Public School, held that such private unaided schools were performing public duties and writ jurisdiction can be enforced on private bodies where such public duties are performed.
Delhi HC sets aside orders prohibiting the collection of development and annual fee and allows collection of the fee with 15 percent concession as per the recent Supreme Court judgement in Indian School, Jodhpur & Anr. vs. State of Rajasthan & Ors. .
Bombay High Court in the case of Herd Foundation, A Company… vs Union of India, Ministry of Health through a single bench observed that medical students appearing for the exam need to produce a negative RTPCR COVID-19 test report before appearing for exam to the appropriate authority.
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.
Authority on Advance Ruling (AAR) in an application made by Regents of the University of USA California (UCLA) Anderson School of Management Executive Education (AAR No. 1656 of 2014) exempted teaching services provided by UCLA in a collaboration with Indian Company as per Article 12(5)(c) of the India USA Double Tax Avoidance Agreement (DTAA)
RBI clarifies that Indian students studying abroad are to be treated as Non-Resident Indians under the FEMA Act from the time they move abroad for education and they shall be eligible for remittance from India.
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).
EduLegaL, as part of its initiative to empower education sector, is organizing a webinar on “Collaboration between Indian and Foreign Universities: Legal and Regulatory Framework” on 18th June 2021 at 4 PM to discuss policy initiatives, legal, financial and taxation issues involved in such collaboration.
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.
Jharkhand High Court upholds minimum age criteria for admission in diploma in the primary teachers training course; says the criteria is of intelligible differentia and not violative of Article 14
Orissa High Court set aside a notification dated 11th March 2020 directing consolidation/ merger of school having lower roll strength (Satellite School) with the school having higher roll strength (Lead School) issued by the School and Mass Education Department, Odisha Government.
Supreme Court in light of online classes and the expenses saved towards electricity charges, miscellaneous expenses, etc., by schools, ordered a deduction of 15% of the fee on account of unutilized facilities.
Central Information Commission passes orders instructing the Director (B&A) to provide the appellant with a copy of his evaluated answer sheets for the Limited Departmental Competitive Examination (LDCE), 2018.
Delhi High Court directs the university to grant admission to the petitioner denied admission for sending eligibility documents to the wrong e-mail address.
Karnataka High Court in Sri Madhukeshwar vs the Deputy Secretary (University) directed the State Government to ensure implementation of the Online Digital Evaluation System (ODES) by all Universities in the State, from the academic year 2021-22 onwards.
Punjab and Haryana High Court in Ishita Uppal v. Panjab University Chandigarh and Ors. — CWP 20275 of 2019 (O&M) — imposed a fine of Rs. 1 Lakh for harassing a meritorious EWS law student with malicious actions sparring over 2 and half years.
Orissa High Court in Hindi Teachers Association vs State and ors. directed the Board of Secondary Education (BSE), Odisha to consider a resolution plea to mandate students opting for Sanskrit to write the Sanskrit paper in Devanagari script and Sanskrit language instead of Odia script and Odia language.
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”.
महाराष्ट्रातील शिक्षण प्रसारात खाजगी शाळांचा महत्त्वाचा वाटा आहे. तथापि, खाजगी शाळांमधील शिस्तभंगाची कारवाई हा संस्थाचालक व कर्मचारी यांच्यातील सौहार्दाला तडा जाण्यास कारणीभूत ठरणारा तसेच कर्मचारी आणि संस्थाचालक यांचे परस्पर हक्क व जबाबदाऱ्या याबाबत संघर्
Supreme Court held eligibility of degree holders for Junior Engineer (Electrical) appointment at HHPSEB Ltd. On the equivalency of degree and diploma in the same discipline, the Court said the State, as the recruiting authority was to determine.
Ministry of Education through UGC issued a public notice inviting applications for Fulbright Fellowships for Indian Citizens.
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.
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.
The Jaipur Bench of the High Court of Rajasthan in Manmohan Machra and Anr. v. The University of Rajasthan and Anr., upheld the decision of the Anti-Ragging Committee and dismissed the contentions of the petitioners against the University.
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.
UGC invites nominations for the UNESCO 2021 Edition of Girls and Women’s Education. The deadline to send in these nominations is May 1, 2021, and can be sent to the UGC via e-mail at proposalic@gmail.com
All India Council for Technical Education (AICTE), in line with the Ministry of Education directions, announced private technical institutions must obtain NOC before organizing International Conferences by submitting proposals to the Council.
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’.
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.
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.
The Supreme Court in the case of Saraswati Educational Charitable Trust v. Union of India pronounced its judgement and imposed a fine of Rs. 5 Crore on the Petitioner-College on the grounds of violation of the Admission Rules under the Medical Council of India (MCI) Regulations on Graduate Medical Education, 1997 (Regulations).
The Central Information Commission (CIC) in Ateet Bansal vs. CPIO, Central Board of Secondary Education[1], directed the Central Public Information Officer (CPIO) of Central Board of Secondary Education (CBSE) to provide information on the funds collected from the registration of NEET Examinations from the last 5 years and on the allocation of such money by the CBSE.
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.
The Supreme Court has held that a candidate desirous to pursue MBBS must show that he has primarily if not predominantly, acquired prior knowledge – both theoretical and practical, of senior secondary level in biology or biological sciences, as they are essential stipulated subjects.
The Ministry of Commerce and Industry’s Department for Promotion of Industry and Internal Trade published the Draft Patents (Amendment) Rules, 2021 proposing amendments to the Patent Rules, 2003. The Government has invited objections and/or suggestions from the stakeholders for consideration.
Supreme Court passed a landmark judgment in Vikash Kumar v. Union Public Service Commission and Ors. establishing benchmark disability is not a precondition to obtaining a scribe.
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.
The Kerala High Court bench comprising of Justice S Manikumar and Justice AM Shafique decreed numerous directions a suo motu case taken up by the Kerala HC against the rampantly rising drug abuse observed in the youth particularly in schools and colleges in the state.
UGC has issued an invitation for applications for the National Fellowship for Persons with Disabilities from all the eligible candidates for the academic year 2020-2021. Per the notification, the deadline for the applications was set to be 17th of January, 2021, which has now been extended to the 15th of February, 2021.
Calcutta High Court, in an order, directed that benefits of reservation, age relaxation and fee concession be forthwith provided to transgender persons in the Joint CSIR NET Examinations.
The Supreme Court, in an order, held that the migration of undergraduate medical student from an unrecognized medical college to a recognized medical college is not permitted as per the Medical Council of India (MCI) Regulations on Graduate Medical Education, 1997.
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.
The Supreme Court, in an order dated 2nd February 2021, upheld the decision of the Kerala High Court pronouncing the mandatory requirement of PhD for the post of Assistant Professor as per the AICTE Regulations particularly for any appointments made after 5th March, 2010.
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.
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.
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.
The Allahabad High Court, in a landmark judgment, has held that a student has an inherent fundamental right to change his / her name and to effect necessary changes in the educational records arising out of such change in the name.
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
Delhi High Court while hearing a Petition has passed a series of direction
The Delhi High Court taking cognizance of petition by National Federation of the Blind, who have been asked to appear for the Online Examinations of the Delhi University has directed UGC, Central Government and the Delhi University to consider their grievances and find a solution for such blind students.
A Group of Parents have approached the Hon’ble Supreme Court by way of Public Interest Litigation seeking cancellation of the CBSE Class 12th Board Examination to held in July. They have also sought that results of the students be declared on the basis of internal assessment.
Bar Council of India taking cognizance of the crisis caused by the Covid-19 Pandemic has issued Guidelines for conducting Online Examination for Final Year Students as well as Immediate Semester Students.
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.
In a recent Judgement, Hon’ble Kerala High Court has ruled that Deemed Universities cannot charge fees in excess from the students, which is not mentioned in the prospectus. The High Court directed the Deemed University to refund the excess fee collected from the students.
UGC has asked Universities / Colleges to establish a cell for handling student grievances related to academics, examinations, admissions, fee, online classes, conduct of face to face classes, back papers, etc., during COVID-19 pandemic and notify effectively to the students.
In view of Covid-19 Pandemic , UGC has requested the Institutions to consider the matter regarding payment of annual/semester fee, tuition fee, examination fee, etc. sympathetically and if feasible, may consider offering alternative payment options to students till the situation returns to normal.
In light of the stringent data protection regime that India is likely to see in the near future and the heavy penalties, it would be advisable that schools and educational institutes start ensuring efficient systems and processes regarding their data collection.
In the year 2017, NATIONAL ASSESSMENT AND ACCREDITATION COUNCIL (NAAC), an autonomous body established by UGC to assess and accredit institutions and the grade the Institute had revised its assessment and accreditation process.
In a significant development, the Supreme Court has given a severe blow to the Deemed Universities and passed a restraining order staying admission in Deemed Universities without prior approval from the All India Council for Technical Education (AICTE).
he University Grants Commission (UGC) after facing several queries on the issue of validity of PhD degrees earned through foreign university for admissions and recruitment in Indian institutions has now come forward with their clarification.
he University Grants Commission (UGC) has now clarified that the potential teachers deemed to be promoted under the Career Advancement Scheme (CAS) would not need to worry about their leaves as those would not be considered for their promotion purposes.
The All India Council for Technical Education (AICTE) has now in a major incentive to the teaching faculty has paved way for the faculty members teaching at the AICTE-approved institutions to improve their prospects of promotion under the Career Advancement Scheme (CAS) by opting for some certified online courses.
The Ministry of Human Resource Development (HRD) has finally established the National Testing Agency which will now have the of conducting national examination for Higher Education Institutions, which were until now conducted by other agencies like CBSE, AICTE and others.
The University Grants Commission by making 3rd Amendment in the ODL Regulations in less than 1 year, has relaxed the one of the most stringent parameter of NAAC Accreditation for Universities to impart education in Open and Distance Learning Mode.
The Delhi High Court in a landmark Judgement has declared that UGC Regulations in so far as it permits filling of M.Phil./Ph.D. entirely on the basis of cent percent evaluation of performance in the viva voce process is arbitrary
In a landmark Judgement, the Bombay High Court quashing the Government Circular that private educational Institutions are liable to pay duty has ruled that all kinds of educational Institutions, whether public or private are exempted from paying electricity duty on the consumed energy.
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।