India’s private universities come under Supreme Court scrutiny

New Delhi: The Supreme Court has expressed its intention to scrutinise the functioning of private universities nationwide. It has asked the Centre, states and University Grants Commission (UGC) to reveal how these private universities are run. The apex court has asked the Union and State/UT governments to provide comprehensive details on the establishment, functioning, and regulatory oversight of all private, non-government and deemed-to-be universities across the country, Live Law reported.

A Bench of Justice Ahsanuddin Amanullah and Justice NV Anjaria issued the order as it heard a case that began with a student’s writ petition asking Amity University to accept her official name change. After this, the court expanded it into a public interest litigation to examine how the functions of private universities are regulated.

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"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 order, as published by Live Law, said.

According to the Live Law report, the apex court seeks information about how each institution was born: The precise provision of law under which it was established, the circumstances that led to its approval, and the specific benefits and concessions it received from the state.

Apart from seeking transparency on admissions, faculty recruitment, and governance checks, the court has also sought details about the composition of the decision-making bodies that run these institutions and how they are selected.

In short, the order directs the Centre, every state and Union Territory, and the UGC to file personally affirmed affidavits detailing the origins, governance structures, benefits received, compliance processes and functioning of all such universities in the country. It has asked the Commission to clearly specify what its rules require of these universities and, equally importantly, how it ensures these rules are enforced in practice.

"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," the order said. This means the UGC Chairman should personally affirm the affidavit and there can be no delegation, no signatures from junior officials.