Supreme Court To Examine Private Universities' Functioning Across Country, Seeks Details From Govts & UGC

Expressing its intention to examine the functioning of private universities across the country, the Supreme Court recently sought details from the Union Government, the State/UT Governments to furnish comprehensive details on the creation, functioning and regulatory oversight of all private and deemed-to-be universities.

The Bench of Justice Ahsanuddin Amanullah and Justice N.V. Anjaria passed the order while hearing a peculiar case, which started with a student filing a writ petition seeking a direction for the Amity University to accept her official name change. The Court has now converted it to a public interest litigation seeking information on how private universities are being regulated. 

"This Court would like to have details from the Government(s) as to the background/circumstances and under which provisions of law all private/non-government/deemed-to-be Universities came into being and further, what benefits the Government has granted to them, including the stipulations and conditions under which such benefits, both in terms of allotment of land, preferential treatment of any kind and/or other ancillary benefits conferred upon them. The Government(s) shall also furnish details of the memorandum of articles and aims and objectives of the societies/organizations and persons who are actually running/managing/in-control of the said bodies/Universities, whether through an apex body/Managing Committee/Board of Governors, i.e., by whatever nomenclature the top decision-making body is known as also their composition and mode of selection to such bodies which run the institutions."

In addition to the abovementioned information,  it has asked the University Grants Commission to disclose its role vis-à-vis such institutions on oath. 

"It is made clear that the affidavit by the UGC shall cover what the statute/policy mandates as also the actual mechanism to monitor/oversee compliance by the institutions. The details shall cover the policy of admission of students, the process of recruitment of academic staff adopted by such Universities, and the regulatory checks that the Government(s) have put in place to ensure that the terms and conditions enjoined upon such institutions, either by way of statute or policy or otherwise, are duly adhered to and the relaxations granted by the concerned Government(s) to the institutions in such matters."

The affidavit should contain the following:

 (a) Whether such institutions, or at least those of them that claim to, are functioning on the stated/advertised 'no profit, no loss' basis? How and under what authority have the Government(s) enforced this and ensured no diversion of monies towards anything unconnected with the educational institution, including salaries/expenses towards founders/family members and assets acquired by them?

(b) Grievance redressal mechanisms in place, both for students as also faculty/staff?

(c) Whether such institutions are paying the minimum salaries to faculty and staff, as mandated by law

The information shall be collated by the Cabinet Secretary to the Government of India and all Chief Secretaries to the State Governments/UTs from the concerned ministries/departments. It has been warned that there should not be any suppression or misrepresentation of the information.

"The Cabinet Secretary to the Government of India and all Chief Secretaries to the State Governments/Union Territory Administrations shall obtain and collate the information described supra from all concerned Ministries/Departments functioning under their jurisdiction and file affidavits personally affirmed by them. The Chairman, UGC, will act likewise. There shall not be any delegation of such filings. Further, responsibility for every disclosure and its correctness shall rest with the deponent(s) concerned.

If there is any attempt to withhold/suppress/misrepresent/misstate facts in the affidavits called for, this Court will be compelled to adopt a strict view."

As per the brief facts, the petitioner changed her name from Khushi Jain to Ayesha Jain in 2021. In September 2023, she enrolled for a one-year certification programme in 2034 as Ayesha Jain from Amity University.