Dimapur, August 28 (MExN): The University Grants Commission has directed closing down all private universities established by states beyond their jurisdiction and in violation of university regulations as well as judgments passed by the Supreme Court of India. The UGC today said institutions have been established by the state governments going beyond their jurisdiction and is not permissible in the light of observations made by the Supreme Court of India.
The UGC today wrote to all the state governments and the vice chancellors of defaulting private universities to close down the institutions already established. In a letter appended by Secretary RK Chauhan, the UGC took strong note that some state private universities have affiliated colleges and started off-campus centers beyond the territorial jurisdiction of their state. This is in violation of the UGC (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003 and against the judgment of the Supreme Court of India (Prof. Yash Pal & Others vs. State of Chhattisgarh & Others).
Some of the universities are running centers on franchising basis, which also, the UGC said, is not allowed. The public and the students’ community are also informed that there are 42 private universities established by the Acts of the legislatures of different states.
To the state governments and vice chancellors, the UGC said there is a growing trend of establishing private universities by state governments. “As on now, 37 private universities established by the state governments are in existence as per information available with UGC. It is understood that there are some more private universities about which state governments have not sent any information to UGC,” the UGC said.
The UGC said to have received information through RTI applications or through various students visiting the commission that the state universities/state private universities established by the state governments have opened off-campuses, study centers and have also created franchise in the name of distance education programmes outside the state. This action on the part of the state universities or private universities established by the state governments beyond the territorial jurisdiction of the respective state governments is not permissible in the light of observations made by the Supreme Court of India. The Supreme Court has held the view that the Parliament alone is competent to enact laws for any part or for the whole country and the state legislature can enact law only in respect of its territorial jurisdiction confined to the state in concern.
“However, notwithstanding the above provision in law and the judgment of the honorable Supreme Court, the state governments have enacted laws establishing state universities and private universities which allow them operating beyond the territorial jurisdiction of the concerned state in the form of off-campus/study centers, affiliated colleges and the centers operating through franchises etc.
This has resulted into an anomalous situation and is also causing hardship to the student community at large,” the UGC said.
The UGC also said that private universities cannot affiliate colleges so also they cannot establish off-campus centers beyond the territorial jurisdiction of the state in concern. “However, they can establish off-campus centre (s) within the concerned state after their existence of five years and with the prior approval of the University Grants Commission. So far, UGC has not approved any off campus centre (s) of any private university” the commission said.
The state governments are directed to take an immediate action to ensure that no off-campus centers is opened by the state university outside the territorial jurisdiction of the state. “In case your university has already started any off-campus centre outside the state, it must be immediately closed. It may also be ensured that any off-campus center within the state shall be opened only as per the provisions laid down in the UGC (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003 and with the prior approval of UGC,” the UGC stated to the governments and VCs.
