Delhi High Court Seeks Crackdown On Fake Universities; ASG Warns Of Emerging Threat From 'AI Institutes'

The Delhi High Court on Wednesday asked the authorities, including the Central Government, University Grants Commission (UGC) and Delhi Government to indicate the steps taken by them against mushrooming of fake higher educational institutions. 

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia issued notice on a PIL against proliferation of “fake universities” across the country and alleging regulatory failure on the part of the authorities and regulatory bodies.

Calling for action against such varsities, the Court requested ASG Chetan Sharma to draw attention of authorities of education departments about the issue raised in the petition and to impress upon them to take necessary action.

“Such request is made for the reason that students attracted by such institutions, if pursue their courses, would result in wastage of their time, energy and resources as they end up getting their degrees which will not make them employable,” the Court observed.

It also orally told the ASG: “See who are these students who are attracted, students from small khasras. See from where do they get their resources…. At the end of the day, two years of spending time, money and energy, the expenditure they have to incur in staying here….”

On this, ASG Sharma responded that drastic action is required and that the court may increase the scope of the petition to other degrees, like medical and law.

“So is the case of take medical doctors, vocational courses. And the Chief Justice (CJI) has pointed out about lawyers with fake degrees. This is multi dimensional. I request your lordships to expand the scope of this PIL to make it broad based. Now there will be AI institutes,” he said.

Filed by advocate Shashank Deo Sudhi, the plea seeks directions for a CBI or Court monitored inquiry into entities allegedly operating as fake universities and conferring invalid degrees upon students.

Sudhi appeared in person today and argued that mushrooming of such fake institutions was a threat to society and that despite having knowledge of such universities, the authorities are not taking any action.

Issuing notice on the plea, the Court said that the concerns raised in the plea are serious which are in relation to running of fake higher educational institutions which is in violation of laws set out by the authorities.

Delhi Government standing counsel, Sameer Vashishth, said that GNCTD has constituted a committee to investigate existence and operation of fake varsities in the national capital.

The Court then directed Delhi Government to indicate, in its affidavit, action taken after constitution of the committee and also if any information has been gathered on such fake universities including the action taken thereto.

Apart from that, the Court directed the Central Government, University Grants Commission (UGC), AICTE to also file their affidavits indicating steps taken on the issue.

The Court then listed the matter for hearing on August 19.

The petition also seeks constitution of a high-powered committee headed by a retired High Court judge to examine lapses enabling such institutions to continue functioning.

The plea said that fake universities continue to “deceive or trap unsuspecting students by falsely projecting themselves as legitimate universities” and thereby cause “irreparable damage” to students' academic prospects, financial stability and employment opportunities.

According to the petition, despite repeated advisories and public notices issued by the UGC identifying fake universities, “no substantive or deterrent action appears to have been taken” against such institutions.

The plea alleged that the existing framework under the UGC Act, 1956 suffers from a “legal vacuum” as the regulator lacks adequate enforcement and punitive powers to shut down such entities or initiate criminal action against them.

It has been contended that the continued operation of fake universities violates Articles 14 and 21 of the Constitution of India and jeopardises students' right to education and livelihood.

Among other reliefs, the petition sought directions to authorities to initiate criminal prosecution and confiscation proceedings against all institutions identified by the UGC as fake universities.

Title: Shashank Deo Sudhi v. UOI & Ors