Association of Gazetted Officers Technical Education Delhi v. The Chief Secretary Gnct of Delhi and Ors

TEJAS KARIA, J MARCH 10, 2026 N.Khanna/S.Rawat

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 10.03.2026 % ASSOCIATION OF GAZETTED OFFICERS TECHNICAL EDUCATION DELHI .....Petitioner Through: Mr. Praveen Swarup, Adv. (through VC) versus THE CHIEF SECRETARY GNCT OF DELHI AND ORS. .....Respondents Through: Mr. Dhruv Rohatgi, Panel Counsel, GNCTD with Ms. Chandrika Sachdeva, Mr. Dhruv Kumar, Advs. with Mr. B.S. Rawat, CI, DTTE for R-1, R-3 and R-4. Mr. Shivendra Singh, Ms. Prakriti Rastogi, Ms. Aryama Singh Rajpur, Advs. for R-2. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA DEVENDRA KUMAR UPADHYAYA, CJ. (ORAL) CM APPL. 70449/2025 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 17131/2025 & CM APPL. 70448/2025 3. Proceedings of this petition, instituted under Article 226 of the Constitution of India challenge the validity of the Regulations/ Notification 1(1), 2A, 2B, 3A, 3B, 3C framed by the Board of Management of the respondent – University vide its decision taken at agenda Items 11.4.1 and 11.4.5 in its meeting held on 30.09.2024. Apart from challenging the said decision of the Board of Management whereby certain Regulations have been framed, the petitioner has also prayed that a direction be issued to the respondents to cease all ongoing admissions to various academic programmes launched in accordance with the impugned Regulations. Another prayer made in the petition is that a direction be issued for fixing the personal accountability of the members of the Board of Management and officers responsible for the impugned decision and for recovery of losses caused to the public exchequer on account of the impugned decision of the Board of Management. 4. The impugned Regulation 2A provides for introducing a Choice Based Credit System, Semester System, Multiple Entry and Exit, Continuous Assessment and Grading System in the light of National Education Policy 2020 in the respondent – University from the academic session 2024-25 onwards. 5. As averred in the petition, Regulation 2B provides for establishing Board of Studies and Committees of Courses. 6. Regulation 3A, 3B and 3C pertain to provisions relating to Diploma, Four-Year Bachelor's and Postgraduate programmes of the respondent – University. 7. It has been contended by learned counsel for the petitioner - Association of Gazetted Officers Technical Education, Delhi that the subject matter on which the impugned Regulations have been framed are covered by Section 31 of The Delhi Skill and Entrepreneurship University Act, 2019 (hereinafter referred to as 'the 2019 Act') and, therefore, any prescription in relation to the said subjects could be made by the University only by framing Ordinances and not by framing Regulations. It is, thus, the submission on behalf of the petitioner that unless and until Ordinances are framed in accordance with the requirement of Section 31 and other provisions of the 2019 Act, the impugned Regulation would not be valid on the subject matters on which the same have been framed. 8. Drawing our attention to Section 31 of the 2019 Act, it has been contended by learned counsel for the petitioner that Section 31 enlists the subjects on which Ordinances are to be framed, which include the subjects relating to admission of students, the courses of study, qualification pertaining to award of degrees and diplomas and other academic distinctions etc. 9. It is further submitted that since the subject matter of the impugned Regulations categorically fall within the subjects as enlisted in Section 31(1)(a) of the 2019 Act, anything which the University intends to provide for in relation to the said subjects, could be provided for only by making the Ordinances and not by making the Regulations. It is also the submission on behalf of the petitioner that in terms of Section 31(2), the first Ordinances are to be made by the Vice-Chancellor with the prior approval of the Government and the Ordinances so made may be amended, repeal