UGC Can't Debar A University From Enrolling PhD Students Under UGC Act Or Regulations: Delhi High Court

The Delhi High Court has observed that the University Grants Commission (UGC) does not have the power to debar a University from enrolling PhD students under the UGC Act, 1956, or its Regulations.“Clearly, there is no provision in the Act, which confers power on the UGC to debar the University from enrolling Ph.D. scholars for alleged non-adherence of its provisions,” Justice Vikas Mahajan said. Also referring to the UGC Ph.D. Regulations, the Court said:“It appears that the said Regulations provide for the minimum standards, as well as, lays down the procedures for award of Ph.D. degree, but the said Regulations neither prescribe any consequence of non-compliance with any of the provisions of said Regulations nor confer any power upon the UGC to debar a University from enrolling Ph.D. students or take any action for alleged non-adherence.”Justice Mahajan thus allowed the plea filed by Singhania University challenging an order passed by the UGC debarring the varsity from enrolling scholars under its Ph.D. Programme for the next five years i.e. from academic year 2025-26 to 2029-30.The plea also challenged a public notice whereby prospective students and their parents were advised not to take admission in Ph.D. programme offered by the University in question. Setting aside the impugned order and the public notice, the Court said that the Preamble and Section 12(j) of the UGC Act envisage that regulatory authority of the UGC is limited to co-ordination and determination of standards in universities and performance of such functions by the UGC as may be deemed necessary for advancing the cause of higher education in India.It said that neither the Preamble nor the provision contemplates imposition of penalty in the event of non-compliance with the provisions of the Act or its Regulations.“Except for limited power found under Section 12A of the UGC Act, which allows initiation of an inquiry only against a college, followed by passing of a prohibitory order with the approval of the central government, no power of debarment as exercised by UGC in the impugned order dated 16.01.2025, can be found under the UGC Act and the Regulations referred to in the SCN and the impugned order,” the Court said. “…there is no express penal provision specified either under the UGC Act or the Regulations invoked which authorises the UGC to impose the penalty debarring the University from offering Ph.D. programmes for the next five years,” it added.The Court concluded that the penalty awarded to Sanghania University in the impugned order was neither traceable to the provisions of the UGC Act nor to the Regulations which were invoked in the impugned order. “Awarding of penalty in the absence of express provisions in the UGC Act, cannot be justified by way of implication under the broader regulatory functions or powers of the UGC referred to in the preamble or Section 12(j) of the UGC Act,” the Court said. “In that view of the matter, the impugned order dated 16.01.2025 being outside the purview of the statute2 and the statutory Regulations invoked, is a nullity and liable to be set aside,” it added.Title: SINGHANIA UNIVERSITY v. UNIVERSITY GRANTS COMMISSIONCitation: 2025 LiveLaw (Del) 1127Click here to read order

UGC Can't Debar A University From Enrolling PhD Students Under UGC Act Or Regulations: Delhi High Court

Nupur Thapliyal

Tags