The High Court after referring to various precedents and international treaties observed that education is the most potent mechanism for the advancement of an individual.
Regarding the UGC Regulations, the Court said that prohibition on online classes in the said Regulations is a general one which operates against institutions to prevent it from providing LL.B Courses under online mode.
It cannot be seen as prohibiting a student from attending the course through online mode in peculiar circumstances, the Court ruled.
“Permitting a particular student to attend the course online in exceptional cases like the present would not in our opinion violate the above Regulation,” the order said.
Since the appellants are confined to jail, they are unable to attend the course physically and hence, their presence through online mode can be treated as equivalent to attending the course in regular offline mode, the Court said.
Therefore, the High Court permitted both the life convicts to attend classes through online mode.
“The applicants can also be permitted to be physically present at the college whenever their physical presence is necessary and indispensable for practical training or attending examinations,” the Court added.
It, therefore, directed the jail superintendents of both jails and the principals of both colleges to make necessary arrangement to enable the two convicts to attend classes online.
“Whenever the physical presence of the applicants is insisted by the college/university for attending moot court, seminar, workshop, internship programme, examination or any other practical training, the Jail Superintendent is directed to release them on interim bail for the required period on executing a bond for ₹1 lakh with two solvent sureties. The applicants shall file an application to that effect before the jail superintendent with supporting document from the college/university,” the Court further directed.
Source: Barandbench
