Court Directs UGC to Uphold Fairness by Ensuring Transitional Measures for Students Enrolled in Previous Academic Regime
In a significant ruling, the Delhi High Court has directed the University Grants Commission (UGC) and other associated respondents to recommence the M.Phil in Clinical Psychology program for students who commenced their academic journey under the previous educational framework. The decision comes in response to a writ petition filed by Ms. Navya Sharma and another petitioner, challenging the abrupt discontinuation of the M.Phil program due to the implementation of the National Education Policy (NEP) 2020.
The petitioners, represented by Advocate Ms. Pragya Narayan, contended that the sudden cessation of the M.Phil program without a transitional mechanism was arbitrary and violated the principles of fairness. They argued that students who had already embarked on their academic path with the expectation of pursuing M.Phil in Clinical Psychology were left in a lurch, facing the prospect of retracing their academic steps under the new regime.
Justice Jasmeet Singh, presiding over the case, emphasized the importance of a fair transitional process. He acknowledged the legitimate expectations of students who had enrolled in courses under the previous regime, highlighting that the abrupt introduction of the new educational framework amounted to a retrospective withdrawal of accrued rights.
The court noted that the new regime under NEP 2020, which prohibits higher educational institutions from offering M.Phil programs, significantly impacts students who had already invested time and resources in their academic pursuits. Justice Singh observed that the absence of a transitional mechanism not only disrupts students' educational trajectory but also imposes an undue academic burden, compelling them to repeat undergraduate courses to become eligible for professional qualifications.
In its judgment, the court directed the UGC and the Rehabilitation Council of India (RCI) to issue a public notice within four weeks, clarifying that the new regime shall not apply to students covered under the earlier regime pursuing B.A./B.Sc. and M.A. (Clinical Psychology) under the UGC framework. The court further instructed the respondents to ensure the continuity of the M.Phil program for such students, commencing from the academic session 2026-2027.
The ruling underscores the court's commitment to upholding the principles of fairness and equity in educational policy implementation. By directing the UGC to facilitate the recommencement of the M.Phil program, the court aims to safeguard the rights and expectations of students affected by the transition to the new educational framework.
Bottom line:-
Education Policy - Transition from old to new regime - Abrupt introduction of new educational framework without transitional mechanism is arbitrary and violative of fairness principles.
Statutory provision(s): Article 226 of the Constitution of India, NEP 2020 Regulations, UGC Ph.D. Regulations 2022
Navya Sharma v. University Grant Commission, (Delhi) : Law Finder Doc id # 2943013
