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Cal HC: ‘Not becoming’, ‘arbitrary’ of NUJS to suddenly stop online courses for enrolled students

It does not become a premiere institution to be arbitrary, says Cal HC
It does not become a premiere institution to be arbitrary, says Cal HC

NUJS Kolkata was wrong in cancelling its online courses for those students who were already mid-session in these courses, the Calcutta high court said in a temporary order.

Justice Protik Prakash Banerjee heard the writ of Abhisek Panda and other students who had challenged the NUJS order that had suddenly shut down all the distance learning courses that it was offering through third party service providers, and wrote in his 1 November interim order:

Prima facie, I find that such course of action which affects the vital right of students without prior notice to them and without even offering to refund the fees that they have paid is arbitrary and does not become a premier institution such as the National University of Juridical Sciences.

the On-line courses for which the petitioners have enrolled prior to June 27, 2018 were something which the writ petitioners were entitled to complete and prima facie they are entitled to certificates if they completed successfully. Accordingly, [The order shutting down the courses] must be treated to be prospective and, therefore, the operation of [the order] shall remain stayed so far as those petitioners who have enrolled themselves and paid the fees prior to June 27, 2018 are concerned.

The judge also said that in further hearings of this writ it needs to be investigated why NUJS tied up with a non-UGC certified third party service provider to offer these courses in the first place.

He said that this order will continue to operate for two months until court re-opens after the winter break, after which the petitioner can apply for an extension of its operation.

NUJS had in June suspended distance learning courses that it was offering through third party service providers and this resulted in certificates being held up for students who had already completed courses, examination having been stalled for other students and overall confusion among the students currently pursuing these diploma and certificate courses offered by the law school, as we had then reported.

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