Facts
The Petitioner challenged the validity of Regulations 1(1), 2A, 2B, 3A, 3B, and 3C framed by the Board of Management of the Respondent-University (Delhi Skill and Entrepreneurship University) in September 2024
Source reference: para. 3These Regulations introduced the Choice Based Credit System (CBCS), Multiple Entry and Exit options, and Continuous Assessment in line with the National Education Policy (NEP) 2020
Source reference: para. 4The Petitioner contended that under the Delhi Skill and Entrepreneurship University Act, 2019 (the "2019 Act"), matters such as admissions, courses of study, and qualifications must be prescribed via "Ordinances" under Section 31, which require government approval and legislative laying, rather than through "Regulations"
Source reference: paras. 7-11Issues
1. Whether the subject matters covered by the impugned Regulations (admissions, academic programs, and credit systems) are the exclusive domain of "Ordinances" under Section 31 of the 2019 Act
Source reference: para. 7, 302. Whether the University is empowered under Section 32 of the 2019 Act to frame Regulations for subjects listed in Section 31 if no corresponding Ordinance exists
Source reference: para. 16, 293. Whether the impugned Regulations are void for failing to comply with the publication and legislative laying requirements mandated for Statutes and Ordinances under Section 45
Source reference: para. 11, 35Law Applied
Section 22 designates the Board of Management as the principal executive authority with the power to make Ordinances and Regulations
Source reference: para. 19Section 31(1) enlists matters that may be provided for by Ordinances
Source reference: para. 22Section 32 grants a residual power to frame Regulations for the conduct of University business "not provided for" by the Act, Statutes, or Ordinances
Source reference: para. 25Section 8(1) stipulates that training and teaching for degree/diploma programs shall be conducted in accordance with both Ordinances and Regulations
Source reference: para. 37Reasoning
The Court rejected the Petitioner's contention that the subjects listed in Section 31 can only be governed by Ordinances.
Source reference: para. 29It reasoned that Section 32 allows the University to frame Regulations to conduct its business whenever a vacuum exists because no Ordinance or Statute has been framed on that subject
Source reference: paras. 29-30The Court observed that while Section 31(1) identifies the preferred instrument (Ordinance) for certain academic matters, it does not bar the use of Regulations in their absence
Source reference: para. 32Regarding the distinction in Section 8, the Court noted that Section 8(1) permits both Ordinances and Regulations to govern the "conduct" of training and teaching
Source reference: para. 38While Section 8(2) requires "courses and curricula" to be prescribed by Ordinances, the Court found that the impugned Regulations merely provided the framework for CBCS, credit distribution, and academic sessions, rather than prescribing the actual syllabus or curriculum itself
Source reference: paras. 40-42Consequently, because the instruments were validly framed as "Regulations," they were not subject to the mandatory publication and legislative laying requirements of Section 45, which apply strictly to Statutes and Ordinances
Source reference: para. 35Holding
The Court dismissed the writ petition, holding that the impugned Regulations were validly framed under the University's powers under Sections 22 and 32 of the 2019 Act
The Court held that in the absence of existing Ordinances, the University is competent to regulate its academic and administrative business via Regulations
Source reference: para. 32Furthermore, the Court concluded that the measures regarding the conduct of training and teaching fall within the scope of Section 8(1), which expressly permits regulation through Regulations
Source reference: para. 42No order as to costs was made
Source reference: para. 43Original Court PDF
Association Of Gazetted Officers Technical Education DelhivsThe Chief Secretary Gnct Of Delhi And Ors.
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