Implications of the Supreme Court's judgement declaring 112 private universities in Chattisgarh illegal

I haven't yet been able to lay my hands on a copy of the Supreme Court Judgement and am relying purely on what has been said in various news reports (If anyone has a copy of the Supreme Court Judgement, please send me a copy or point me to it).

The Hindu  (Feb 12, 2005) reports

The Supreme Court today declared as unconstitutional a provision in the Chhattisgarh Private Sector Universities Act, 2002 permitting establishment of private universities for higher education. The court declared as null and void establishment of 112 such private universities under this law.

A three-Judge Bench, comprising the Chief Justice R.C. Lahoti, Justice G.P. Mathur and Justice P.K. Balasubramanyan, quashed Section 5 of the Act under which the State Government had issued notifications allowing the setting up of private universities.

The Bench held that all private universities established in the State (with branches in other places in the country) under the law would cease to exist. But to protect the interest of thousands of students of these universities, whose registration had been cancelled, the Bench directed affiliation of these institutions to universities which existed prior to the enactment of legislation.

The report seems to indicate that only private universities established in Chattisgarh have been declared illegal.

According to another report in The Hindu (Feb 13, 2005),

The ICFAI University has clarified that the Supreme Court judgment was confined only to universities established under the Chhattisgarh Private Universities Act. The institution has also been notified as a university through the ICFAI University Act 2003 (Uttaranchal), The Institute of Chartered Financial Analysts of India University Act 2004 (Tripura) and The Institute of Chartered Financial Analysts of India University Act 2004 (Sikkim).

and a report in The Times of India (Feb 12, 2005)

While Icfai university, in a press statement, has claimed that the SC order won't affect its university status, others such as Rai are now planning to appeal to Chattisgarh government to pass a legislation, giving recognition to it immediately.

Icfai has claimed that it has been notified as a university through three separate and specific acts apart from the Chattisgarh act. It has recognition through similar legislation from Uttaranchal, Tripura and Sikkim.

Presumably all institutions affiliated to the ICFAI University notified by Chattisgarh State are the only ones declared illegal by the Supreme Court.  ICFAI University's claim that the SC order won't affect its university status is misleading.

The Economic Times (Feb 14, 2005) reports,

Prof. Yashpal had questioned the legality of Section 5 of the legislation allowing the registration of private universities in the State doing away with the role of UGC which was the sole authority to examine the infrastructure available with and the courses of studies prescribed by an institution before being conferred with a deemed university status.

Justice G P Mathur, writing for the Bench, also accepted the petitioner's argument that the Act was unconstitutional as it gave 'uncanalised and unguided power" to the state to establish a university by simply issuing a notification without complying with the infrastructure, faculty positions and financial resources as prescribed by the UGC.

But according to The Telegraph (Feb 13, 2005)

But the bench, which quashed the establishment of 117 universities in Chhattisgarh last week, however, recognised a state’s and a private individual’s “right to establish a university”.

The bench of Chief Justice R.C. Lahoti and Justices G.P. Mathur and P.K. Balasubramanyan said the “right to establish a university” did not mean that an educational institution or a private person or a body having no proper facilities could be recognised as a university.

The court said every state legislature passing a law enabling the establishment of private universities should insist that “only an institution with all the infrastructural facilities, where teaching and research on a wide range of subjects and of a particular level are actually done, acquires the status of a university”.

It underlined the role of the University Grants Commission in recognising universities and said the Chhattisgarh University Establishment Act had negated the UGC’s role and hence deserved to be struck down as “null and void”.

So it seems that the Supreme Court recognises a state’s and a private individual’s “right to establish a university”, provided it conforms to UGC norms. It is good to the extent that it doesn't do away with the right to set up private universities altogether.

While I do agree with the Supreme Court that all private universities must conform to some basic infrastructure and quality norms, which have clearly been flouted by many of the private univerities in Chattisgarh, conforming to UGC norms would mean that the Centre (through the UGC) would continue to have control over all private universities and can decide if a private university is upto the 'mark' or not. That the control of the UGC/AICTE and other such regulatory bodies over the certification of universities leads to corruption and harassment (to different extents in different cases) is a known fact and the continuation of that isn't good. But I don't have any working solution to propose at this point on how to do away with the UGC's control and yet enforce some basic infrastructure and quality norms. I think we will have to put up with  UGC's control till we can arrive at a better working solution.

Comments

[Naveen]

Check http://blog.ccsindia.org/mt/archives/2005/02/sc_order_on_cha.html#more

[Rib]

Well I think the full system is corrupted. The Chhattisgarh govt. recognizes the universities and then the SC puts an illegal stamp on it. But the students have no fault and they are understanding what they are being made understood. The law system has made the students and the guardians suffer mentally. They are uncertain about their future. I am not sure wheteher some UGC recognized universities are really upto the standards or not. It is the commons who suffer the harrassing procedures of some of the UGC recognized state universities. Atleast few of the private universities have better infrastructure.

[shohag bhattacharyya]

well,being myself a student of a private unversity,i just wanted to know the real picture and the time boundation after which our future will too be publicized like what the supreme court has done recently.i really want to know and draw attention to this crisis and the far implication of has been done to us...right now every thing and everyone looks misleading....

[reuben]

can any one let me know the web site of Satyabhama enginnering college.

Reuben

[MSNM]

I donot unerstand who is this Yashpal to worry so much about education In India. For so many years while he heading the UGC, has done very little to help those who need quality education & reafy to pay higher fees. We should keep in mind that most the students studying private institutes are looking for global career & are not bother anybody. It is the funadamental rigyt of evry individual to pursue & get himself more knowledge/education so that he can survive in this competative world. Will this recognistion will ensure employemnet? If that is not the case then, what is menaing of this recognistion.
Most of the colleges in Karnataka & Maharsatra neither have teachers, non building & also do all those practices that education institutions should not do while admitting sutudents & are recognised by Yashpal & his UGC.

[Benu]

i agree with MSNM. We Indians are still so insecure. Come a "private' player and we jump at his throat for not being part of 'government". Yashpal's against is not FOR higher education, for had that been the case he should have filed many such cases to question the dubious academic quality of obsolete teaching methods, of outdated curricula, of in absentia teachers, of lack of employability of graduates existing in many universities conforming to UGC norms

[A.Ram]

MSNM is right in admitting that he doesnot understand who Yashpal is.Anybody connected with the education circles would know the contribution of Prof.Yashpal apart from being the former head of UGC.It is the people like him,the availability of the channel of PIL and ofcourse the Supreme court that keep a check on the unscrupulous elements of our society .Obviously these universities have even silenced the Central Govt and the present UGC.Most of them operate from outside Chhattisgarh and who is to have control over them?Will the govt of Chhattisgarh go to places like Chennai and Bangalore to monitor them.If the students have complaints,whom should they approach?These universities are expected to function in the state of Chhattisgarh for a minimum period of five years before setting shop outside the state.They know they have violated these rules and got away with the connivance of Chhattisgarh govt,Central Govt and UGC.How many innocent students knew the background before joining these universities?Like the way ICFAI is misleading ,these universities are just business
ventures and cannot be considered as Centers of learning as they project themselves to be.The indiscriminate release of advertisements calling for applications by ICFAI, despite the Supreme court decision will land many more innocent students into trouble.Will somebody let me have the email id of Prof.Yashpal or his advocate.It is hightime somebody posted the entire case and judgement.The ICFAI branch has informed on phone that they are getting another notification issued by Chattisgarh govt to getover the present crisis.I hope Supreme court will intervene.

[Vivek]

i simply do not understand all what is going on. first chattisgarg gives affiliation to the private universities. then finally one day Prof. Yashpal wakes up and decides to file a petition in the SC that all those universities are illegal. he says that these universities do not provide quality education. is he sure that all other universities who UGC affiliated so provide good quality education?
at the end of the day, they are the students who are suffering. THEIR CAREER IS AT STAKE. how can one expect us to be cool in this situation of chaos and panic.

[Satya]

I have posted the link to the full text of the Supreme Court judgement on the blog at http://prayatna.typepad.com/education/2005/02/full_text_of_th.html

[D.J.Roy]

It is a well known fact that lot of universities although are recognised by UGC can not match the infrastructure facility of RAI UNIVERSITY.The supreme court has acted prematuredly to deal with the fate of the students. It should have directed UGC or any other agency to review the facilities of each University before denotifying all them in one stroke.
It is really pitty that even the Apex Court now-a-days is over reacting like the immatured press of the country

[Vijay]

The Supreme Court judgement copy is available at http://www.indiastudycenter.com/other/news/2005/Supreme-Court-Chhattisgarh-judgement.asp

[sahil]

maa chhodi bahin ke lodo ne bachho ki,
saalo ki gaand me ambar saria dedo...aur muwich land dedo....

[R.K pradhan]

After inspected by UGC people no of times to the private universities in chhatishgarh they had listed 17 Universities those are running properly.From the State Govt of Chhatishgarh 37 Universities list had send to the UGC. After doing all these inspection suddenly SC verdicts void the Act is indicate the improper management in Indian Education .If it is like this then it not possible higher education in INDIA.

[vishal]

can somebody tell me what will happen to the students of cfa course

i hope,this doesnt happen taht one day someone will suddenly wake up and say all the courses from icfai university is gonna be illegal

help me!!!!11

[Sanjay Kumar]

will somebody please let me know the e-mail address or phone number of Prof. Yashpal? it is urgent.

[Satya]

Here are the contact details for Prof. Yash Pal, which I found through the web site of the Indian Academy of Sciences at http://www.ias.ac.in/fellowship.html

Name : Pal, Prof. Yash
Date of Birth : 26-11-1926
Degree : Ph.D. (MIT)
Honours : FNA
Telephone, Residence : (0120) 251 2075, 98112 91556
Fax : (0120) 251 1256
Email : pal_yash@vsnl.com, inflibnt@del2.vsnl.net.in

[hari prasad]

i am a student of raiuniversity(distance learning)is presently learning Isem MBA.As per the de-recognition of raiuniversity from supreme court as,made us to worry about the university and weather to continue in the raiuniversity or not.
so please guide me with immediate response,weather i should continue in raiuniversity or not.

[AA]

Our land is a land of confused minds pushing through every endevour only half-way. We ape the west but are hesitant and fearful to go the whole hog. The results reaped are therefore only average in nature and nothing stupendous to boast about.

What is the quality of education being provided by some of the state and central universities which were being monitored by the UGC since Independence? Have we not seen a general deterioration of academic standards in the past 50 years despite UGCs existence and its continual ushering in of new standards that have done little to prevent the rot? Will anyone be ready to vouchsafe for the quality of education provided by Patna University where the faculty members, appointed duly in line with the UGC standards, indulge in unenviable antics and have not been paid their wages due for the past several months? How can one expect a faculty whose basic needs are not being met to impart quality education to student community? What have the UGC standards done to rectify such blatant malpractices on part of the state and central universities? Talking about UGC guidelines for establishing and maintaining standards appears like a mockery! Anyway, what are the basis of these standards? Have they kept pace with the changing requirements of the day? The very purpose behind the establishment of private universities was to infuse fresh funding which the state governments could not provide for and to impart quality education attuned to the requirements of the industry. We have been talking about academic - industry interface for the past two decades, of impressing upon the industry to lend their support to academics. Yet, what do we do when industry did come forward in the purest of forms (by establishing universities themselves)to promote the cause of education and research in this country? We submerged them in a plethora of political, ethical and legal issues. We are best at doing this, shooting our own feet and preventing ourselves from moving forward. It would not be incorrect to point out that none of the central or state universities can be singled out for either fine tuning the programmes offered by them to the needs of the industry which would have helped create better employment prospects for their students or for having published any pioneering / cutting edge research work that would have fetched us laurles in the international circuit. The UGC is squarely reponsible for this rot and decadence in the standards despite assuming the holy cow status and acting as the torchbearer of academic standards in this country. Only IITs and IIMs are beyond reproach and that too because they are autonomous institutes. In contrast, private institutions and universities, which were doing essential spadework with the intent to customize the courseware to industry requirements and create employment potential, are now sought to be brought under the UGC fold. This will only rob them of their initiative and ability to act in the overall interest of the national student community.
The spirit and force of privatization, by its very nature, is such that it will lead to the generation of customization of courseware. It affords every individual to select courses in line with their present skill sets, passions and career interests. Compare this to a scenario where a budding singer is forced to do nothing better than to pursue a simple run of the mill graduation from a state or a central university which does not add any value in terms of career development, for want of better choices.
Two things can stem the rot:

1) As suggested by Satya, a rating agency other than UGC should rate the educational bodies in India, including state and central universities. I will not even hint at NAAAC for its obvious association with UGC and we do not want any UGC to rob the spirit of dyanmism and competition. We could go in for ISO:9001-2000 ratings by accredited certifying agencies as the hallmark for provision of quality education. An erstwhile private university with the infrastructure facility that is bigger than most state and central universities had already accomplished this when the SC verdict was announced.

2) The private universities could themselves associate to form an autonomous body for establishing and maintaining standards, much in line with the concept of self-regulation, as is the prevalent practice in many industries.

3) Furthermore, the clause in UGC regulations relating to a private university not being able to set up off-shore campuses, off-campus centres and study centres till 5 years of operations needs to be done away with since we do not want eligible students to be deprived of quality education during this 5 years period, do we? It goes against their democratic rights.

Sometimes, it just seems that government babus despite all their apparent erudition, are no better than clerks adept in copying and pasting information from various sources and building up a composite whole without paying heed to whether the provisions of their so call masterpiece regulations apply to the current context or not. They seem to be devoid of any wisdom and intellect that would have justified their holding of such high positions and the writing up of the destiny of a whole nation. Do we want to give the control of our lives to such ignoramuses who defy conventional logic and would have been better had they been consigned to the limbo?

[bhaskar das]

i`m a student of ICFAI university undergoing bcom.2 year. is our university recognised from UGC? if not then would our certificates and degrees would be considered null and void?
please let me know the details of it .

bhaskar das

[Poravi Guganathan]

I am currently following a degree through the offshare campus program from the ICFAI university in sri lanka

Is ICFAI university is recognised by UGC act of India or not Please help me find out

[Monila]

I just want to know whether Amity University has been cancelled or not & whether Amity has been recognised by AICTE.

[Anand Reddy]

50 Acres of ideal ,roadside land with 11k.v.line and water potential in Sooramala&chellamambapuram villages in K.V.B.Puram mandal ofChittoor district ,Andhrapradesh-India is available for sale.It is 16 K.M. from Srikalahasthi,50 k.m. from Tirupati and 95 K.M. from chennai via Pichatur/Nagalapuram.It's very ideal for establishing a foreign private university/Heavy industries.The price is Rs 1lakh/acre.Interested parties may contact D.Anand Reddy,3-861 Nagari Street, Devdi lane, Srikalahasthi-517644,chittoor district,Andhrapradesh,India.
Mobile:09885592923/08578-222634
somavaram@electronmail.com/somavaram@mailcity.com

[Rib]

Hello Folks,
I am a 2nd year Bachelor in Mass comm student from Rai University, I did get admission in a college under Calcutta University in 2003, but i found Rai's infrastructure and course superior to that of former but now i am completely in a haywire state. I dont know what to do and as a result of this i cant concentrate on my studies too.. Can anyone plz tell me that where I stand and what is the latest state of Rai university and what degree are we gettin... Plz help me if anyone can?

Rib.

[sam]

Please give me the stand of private universities in chattisgarh now. The honble Chief Minister said that he will pass the act soon, but now........... what is our future...Please Justify??????????????

[vinil]

iam a student of lemagnus university and doing my mba.We people have forced our administration here in chennai to take some action and they have done so,they say that they will give the students icfai university certificate by an agreement but iam in total confusion to believe it,moreover icfai has also been under the news so wheather the certificate is valid or not and if no whats our future,iam really worried.