The Hindu reported on March 22 2003,
The Delhi High Court today issued notices to the Union Ministry for Human Resources Development, the University Grants Commission (UGC) and the Uttaranchal Government on a petition by a private university challenging the powers of the UGC to regulate its functioning.The petitioner, the Institute of Chartered Financial Analyst of India (ICFAI), owner of the university called "The ICFAI University'' in Dehra Dun in Uttranchal, challenged a notification of the UGC intending to regulate and control the university.
The petitioner alleged that it was beyond the powers of the Commission as provided under Section 26 of the University Grants Commission Act, 1956.
The ICFAI said that it was aggrieved by the notification of the University Grants Commission (Establishment and Maintenance of Standards in Private Universities), Regulations 2003, to regulate the university, saying that it was arbitrary and unconstitutional.
It further said that the subject of incorporation and regulation of universities was covered entirely by List II of the Fifth Schedule of the Constitution.
The ICFAI is an Andhra Pradesh-based non-governmental organisation, and the university was established in July 2003.
It is a self-financing university, and the Uttaranchal Government had notified its establishment in September 2003, the petition said.
The university was, therefore, duly incorporated by an enactment of the Uttaranchal Government and was functioning from the date of its incorporation, the petition said, adding that the legislative competence of the State in establishing a university was not in dispute in view of Entry 32 of List II of Schedule VII of the Constitution.
A Division Bench comprising Justice B.C. Patel and Justice B.D. Ahmed asked the respondents to file replies to the petition by April 27.
Outlook reporting on the same issues adds,
A Division Bench of Chief Justice B C Patel and Justice B D Ahmed also issued notices to the states of Uttaranchal and Chhatisgarh where petitioners - Institute of Chartered Financial Analysts of India (ICFAI) University and Dr C V Raman University - are located respectively.Refusing to stay the operation of the UGC (Establishment and Maintenance of Standards in Private Universities) Regulations, 2003, the Bench asked the three respondents to file their replies by April 27, the next date of hearing.
In case the private universities failed to meet the norms prescribed under the Regulations notified in the official Gazette on December 27 last within three months, the UGC will not recognise any degree/Diploma awarded by them and they shall also invite penalty as prescribed under UGC Act.
The petitioners claimed that since they were established under state enactments and did not receive any grant from UGC, only the states where they were located could regulate their functioning and not the UGC.
Pointing out that education was a state subject under Entry 25 of List II under VIIth Schedule of the Constitution, they sought quashing of the impuged regulations.
However, Government Counsel Sanjay Jain submitted that the Centre had a constitutional mandate under Entry-66 of List-I of VIIth Schedule for co-ordination and determination of the standards in insttitutions for higher education or research and scientific and technical instutions.
I have not been able to find anything yet about the replies filed by the Ministry of Human Resource Development, the UGC and the Uttaranchal Government and the Court's response to the replies filed.
