The District Consumer Dispute Redressal Commission in Anisha Saini D/O Angrej Singh vs Pyramid E-Service held that the complainant who had applied for abroad studies through the disputant e-service provider, rightly alleged agitation against the opposite party for deficiency in service and directed the opposite party for the refund of her fees.
The High Court of Chhattisgarh in Mayank Shukla vs. State of Chhattisgarh held that where the student was Allowed to Keep Terms (ATKT) 1st chance and accordingly promoted to the second semester cannot be debarred from appearing in second-semester examinations.
The Supreme Court of India in Sushil Kumar Tripathi vs Jagadguru Ram Bhadracharya Handicapped University & anr held the termination of service of an Assistant Professor by the respondent-university illegal and self-abolition of the post sanctioned and financially supported by the UGC, in which the appellant was rendering his service, irregular.
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.
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).
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.
18th November 2021, the Supreme Court of India in Abhuyday Chakma & Ors vs Union of India & Ors dismissed the plea of students who had approached the court seeking a hybrid format of CBSE & ICSE class X and XII term examinations. The Court also highlighted the fact that the examinations had already begun and mid-process interference would be inadvertent.
The Central Information Commission in M R Nimbalkar vs Guru Ghasidas Vishvidyalaya – CIC/GGVBP/A/2020/694468 – rejected the application of the appellant seeking educational information through the filing of multiple RTI applications as a technique to pressurise public authority to provide information. The appellant had also sought passing certificates and convocation of a third-party student without his consent which, the court agreed, was not to be rightfully obtained by him.
Maharashtra Authority for Advance Ruling in Re Jayshankar Gramin Va Adivasi Vikas Sanstha -Advance Ruling No. GST-ARA-97/2019-20/B-91- ruled that charitable trusts were liable to pay 18% GST on grants and non-philanthropic donations.
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.
The High Court of Punjab and Haryana in Rohit Kapoor vs Central Board of Secondary Education – CWP No.18881 of 2021 – rejected claims of concealment and misrepresentation raised against the petitioner-student. The court held that the onus of scrutinising and examining documents, right from the admission stage, lay with the school authorities and they had failed in the same.
Jammu & Kashmir and Ladhak High Court in Baseerat-ul- Ain vs Vice-Chancellor, Central University, and Others– WP (C) No. 1837/2021 and CM No. 6131/2021- held no direction can be made for permitting a student with criminal charges to take up the examination.
The High Court of Calcutta in Sudip Ghosh Chowdhury vs. State of West Bengal – WPA (P) 295 of 2021 – invoked locus standi of the petition and dismissed a plea brought forth by a party not aggrieved by the decision of reopening schools for class IX to XII.
The Central Board of Secondary Education (CBSE) introduced the “Use of Advanced Data Analysis to Ensure Fairness in CBSE Administered Examination.”
Ministry of Education through the Press Information Bureau (PIB) Delhi released details of the National Achievement Survey 2021 (NAS) for students of grades III, V, and VII that will cover 1.23 lakh schools and 38 lakh students in 733 districts across 36 States and UTs of India.
8th November 2021, The Institute of Chartered Accountants of India (ICAI), in light of the ongoing pandemic and to ensure the safe conduct of December 2021 CA examinations, issued general guidelines for the December 2021 CA examination.
The Central Information Commission in Ganesh Sharma vs. Department of Post established the petitioner-student’s right to seek his own answer sheet through the Right to Information (RTI) application.
The Orissa High Court in Governing Body of Anand Sahu vs. State of Odisha and Others – W.A. No.379 of 2019 and W.A. No.665 of 2019 – held the termination of service of the responded-lecturer as legal owing to his uninformed and unauthorized long leave from the college and non-response to issued show-cause notices.
The High Court of Madras in S. Joshika vs The Central Board of Secondary Education – WP. 18726/2021 – held that the court is not the appropriate platform to adjudicate matters relating to marks awarded to the students under the assessment scheme made by the Central Board of Secondary Education for class XII. The court said that this authority lay with educationists and experts.
The High Court of Kerala in Sanil Narayanan vs State of Kerala – WP(C) NO. 21120 of 2021 – held that measures taken by the authority imposing restrictions on entry of vaccinated students and staff into the college premises was in public interest and does not violate the rights of individuals.
The Court of Addl. City Civil & Sessions Judge at Bengaluru City in Sri. Madhuchandra. N Vs. Cambridge English High School recognizing certificates of educational qualifications as a public record directed the school authorities to take necessary measures to correct the name of the plaintiff’s father in the educational documents.
The Madras High Court in The United District Self Financing Schools Association Vs. The Government Of Tamil Nadu — W.P.No.16376 of 2021, held that Transfer Certificate (TC) is a necessary and indispensable document for students for changing their schools and directed private self-financing schools to issue TC within one week from the date of application to students without imposing any conditions.
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.
The Bar Council of India announced the schedule for the 17th Bar Council of India Qualifying Examination for Indian Nationals Holding Foreign Law Degree. The examination is scheduled to be held from 13-18 December 2021.
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.
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.
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.
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.
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.
Savitribai Phule Pune University (SPPU) entered into a Memorandum of Understanding (MOU) with Sadhguru Group and announced the introduction of a Spoken Sanskrit course at the University soon. The course will be available in both online and offline modes.
The High Court of Rajasthan in Sunita Saini Daughter of Shri Babu … vs State of Rajasthan held that where the question is related to technical education the decision of the Government is based on the recommendation of an expert body in which the court cannot interfere.
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.
Calcutta High Court in Soutrik Sarangi vs. IIT Kharagpur & Others- WPA No. 11673 of 2020, directed the respondent IIT Kharagpur, NTA, and other authorities to revisit the provisions of restricting an IITian from reappearing in further IIT-Entrance Examinations.
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.
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”.
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.
The High Court of Kerala in Sagar A.R. and others v. APJ Abdul Kalam Technological University observing that conducting of offline examination would entail huge risk of transmission of virus, held that the university is mandatorily required to apply the guidelines of UGC for the current academic session 2020-21 and shall also be applicable for the terminal or final year examination through offline mode and the other semesters will be evaluated through the internal assessment.
The All India Council for Technical Education (AICTE) announced Tuition Fee Waiver (TWF) guidelines for PGDM/PGCM Standalone institutions[1]. The notification enumerated the requirements, eligibility, and the admission procedure in detail.
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.
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.
The Madras High Court, in Madurai Kamaraj University v. Joint Commissioner[1]-W.P. No.20502 of 2019-set aside the impugned order and held that the services provided by a university which includes affiliation or other services provided to students, faculty as well as staff of the university fall within the ambit of educational services and are thus are exempt from the purview of service tax.
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.
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.
The Central Board of Secondary Education (CBSE), through the letter No: CBSC/LOC/202, as a relief measure, has decided to waive off the exam as well as registration fees for those students who have lost both their parents or surviving parent or legal guardian/adoptive parents to the Covid-19 pandemic.
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.
Tripura High Court in Chandan Shil Sharma Vs. State of Tripura and Ors. — WP(C) No.570 of 2021, refused to interfere in the order of the Director of Elementary Education which imposed punishment of compulsory retirement on an undergraduate teacher for punishing a Class III girl student severely. The court held that the quantum of punishment, imposed on the teacher, was not disproportionate.
High Court of Madras hearing a batch of writ petitions in the case of V. Lekha Vs the Chairman1, UGC — W.P. No. 19534/2018 quashed the notification, seeking LLM degree and enrolment as advocates, issued by the Teacher’s Recruitment Board in 2018 on recruitment of Assistant Professors (Pre-Law) in Government Law Colleges in Tamil Nadu for the year 2017-18 and deemed it illegal and irrational.
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.
Madras High Court in Rane TRW Steering Systems Pvt Ltd Vs. Ministry of Labour and Employment and 5 Ors — W.P.No.18404 of 2021, passed an interim order staying an impugned order made under Section 7A of the Employees’ Provident Fund and Miscellaneous Provisions Act 1952. The order was concerning the determination of money due from the petitioner – an AICTE NEEM Facilitator under the All-India Council for Technical Education National Employability Enhancement Mission (NEEM) Regulations, 2017.
Delhi High Court in Master Akash Yadav Minor Vs Union of India -W.P.(C) 8520/2021- upheld the Medical Council of India (MCI) Regulations on Graduate Medical Education, 1997 while rejecting the petitioner’s prayer to alter the minimum age to appear for NEET 2021 from 17 years to 15 years.
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.
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.
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.
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.
Karnataka High Court in Rotary Education Society Vs. The State of Karnataka — W.P.No.108426/2017, directed the Secondary Education Department of Karnataka to consider the case of Rotary Education Society for grant of permission and approval to commence Class 5 to Class 7 in Sri V. B. Limbikai Kannada Primary School.
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.
Madras High Court in K.R. Vasudevaa Vs. The State of Tamil Nadu — WP(MD).17263/2020, refused to include 11 new medical colleges pending approval of the National Medical Commission to participate in the ongoing counselling of MBBS/BDS admissions for the academic year 2020-21 and directed the State government and the NMC to avoid setting up of new medical colleges when existing colleges were serving the purpose.
Allahabad High Court in Daya Nand Pushpa Devi Charitable Trust Ghaziabad vs Additional Commissioner of Income Tax Ghaziabad — Income Tax Appeal No. – 103 Of 2017 allowed exemption of tax on the income of Hostels established by charitable educational institutes under Section 11 of Income Tax Act, 1961. The court held that a hostel run by a registered charitable trust with objects of promoting education is not business under the Act.
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.
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.
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.
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.
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.
Gauhati High Court in Rajdeep Das vs. Union of India & Others directed the government authorities to issue NORI certificate to the petitioner student pursuing a doctorate in medicine in the United States of America and held that educational authorities must strive to prevent any adverse impact on the continuation of any course undertaken by students.
The All India Council for Technical Education (AICTE) released a notification pertaining to the NOC obtaining procedure for conducting Open and Distance Learning Programmes (ODL) and Online Programmes (OL) for the academic year 2021-22.
Supreme Court in Abdul Ahad and Ors Vs. Union of India and Ors — dismissed the review petition challenging the order of the Medical Council of India (MCI) discharging 67 students admitted to Glocal Medical College through private counselling.
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.
Kerala High Court in Jomol John & Ors Vs. Bar Council of India & Ors. — WP(C) NO. 8706 OF 2021, directed Mahatma Gandhi University, Kottayam, Kerala, in light of the doctrine of necessity, to compulsorily formulate alternative methods for assessing students instead of mandatory internship as prescribed by Bar Council of India (BCI) Rules on Legal Education.
Patna High Court in Sudha Devi Vs The State of Bihar and Ors — Civil Writ Jurisdiction Case No.15564 of 2017, directed the Human Resources Development Department of Govt. of Bihar, to decide expeditiously the pension scheme applicable to deceased primary teacher and provide eligible pension and gratuity to his widowed wife.
The Allahabad High Court hearing Divya Prakash Mishra and 32 Ors Vs. State of U.P. and 3 Ors — Writ – A No. 9614 of 2018 and 33 other connected cases allowing the petitions held that candidates who had applied for the position of Assistant Teachers are entitled to limited protection with regard to age relaxation if they become overage due to cancellation of earlier recruitment.
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.
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.
The Orissa High Court in Hritika Mitra vs The Registrar Ravenshaw University, Cuttack, and another held that candidates not meeting the mandatory requirement for admission cannot expect a mandamus to be issued against the University.
The Central Information Commission (CIC) in Potla Sai Sushma vs Institute of Chartered Accountant held that for a specialized exam disclosure of the question papers and answer key would defeat the purpose of conducting such examination.
The High Court of Delhi in Riddhima Singh (Minor) through…. v. CBSE and Ors. directed the school to promote the appellant on merits subject to the deposit of fees and charges while commenting that the presence of CBSE as a respondent is not enough to exercise jurisdiction under Article 226.
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.
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.
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.
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.
29th July 2021, the Hon’ble Prime Minister, on the occasion of completion of one year of introducing the National Education Policy (NEP) 2020 announced the launch of initiatives in the education sector.
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.
Delhi High Court Tapasya Shiksha Samiti V. Union of India and Ors — W.P.(C)-9368/2020, deemed its interference unwarranted where the petitioner college had failed to submit consent of affiliation within the stipulated time to the Ministry of AYUSH (Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy) resulting in the rejection of permission in establishing a college by the Union of India (UOI).
Jharkhand High Court in Reeta Mukta V. State of Jharkhand and Others — W.P. (S) 5648 of 2018, upheld the dismissal of Assistant Teacher, whose appointment was held invalid for lack of required experience on the set cutoff date mentioned in the recruitment advertisement.
Supreme Court in The State of Odisha V. Orissa Private Engineering College Association (OPECA) — Special Leave Petition (Civil) No 5014 of 2021. prohibited direct admissions to engineering courses based on marks obtained in qualifying examinations.
Madras High Court in Muthayammal Engineering College Vs. University Grants Commission and Others, directed the University Grants Commission (UGC) to decide independently on the application of the petitioner for extension of autonomous status, and not merely rely on approvals or rejections by affiliated Anna University.
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.
The Central Board of Secondary Education (CBSE) introduced the Special Scheme of Assessment for Board Examination Classes X and XII for the Session 2021-22 wherein the Board decided to rationalize the syllabus and bifurcate it into two equal terms for conducting the exams.
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.
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.
Delhi High Court hearing four cases held that the respondent, Delhi University, is authorized to choose the mode of examinations of intermediate semesters of the LL.B course and that the court cannot interfere in such policy decision of the University.
Chhattisgarh High Court in Rajnikanti Sahu vs State of Chhattisgarh (Writ Petition No. 3085 of 2021) held that unless there is any complaint received against the performance of any Guest-Lecturers, educational institutions are restrained from going in for any fresh recruitment of a Guest Lecturer for the same subject.
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.
High Court of Chhattisgarh in Saroj Dahre v. State of Chhattisgarh held that unreasonable delay in filing a suit cannot be entertained.
High Court of Gujarat in Bhavin Jitendrabhai Cholera v. State of Gujarat held that once a candidate has failed in the selection process, he/she cannot question the process subsequently.
High Court of Rajasthan in Mahendra Choudhry v. Jai Narayan Vyas University held that where an exam has already been conducted a relief directing the university to allow the appellant to appear for the examinations cannot be granted.
Central Information Commission (CIC) in Gyan Prakash Singh v. Banaras Hindu University held that it is not in a position to adjudge the merits of the appellant’s claims since it is outside the scope of jurisdiction of the Right to Information (RTI) Act.
Madhya Pradesh Court in In Piyush Shukla v. State of M.P. and Ors — W.P. No. 5666/2021 refused to interfere in qualification criteria set by Madhya Pradesh Public Service Commission (MP PSC) for appointment of Medical Officer (Medical and Non-Medical).
Uttarakhand High Court in IA No. 8235 of 2021 allowed a juvenile in a correction home to pursue education, attend online classes and directed the State to take appropriate measures for allowing the revisionist to appear for examinations.
Jharkhand High Court in Manipal-Tata Medical College vs Union of India set aside the notice of government removing petitioner college from counselling process of NEET and passed orders to confirm admissions of students obtained by the interim order of the Honorable Supreme Court.
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.
Division Bench of the Delhi High Court in Manisha Priyadarshini vs Aurobindo College – Evening & Ors. quashed the termination order issued by the respondent, Aurobindo College terminating the appointment of the appellant for not reporting to duty on account of her pregnancy.
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.
The Bar Council of India (BCI) in a press release dated 16.06.2021 declared its inclination towards appointing a Committee for the drafting of Rules for a moratorium on the opening of New Law Colleges/Centers of Legal Education.
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.
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.
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।