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UNIVERSITY GRANTS COMMISSION ACT, 1956
The University Grants Commission Act, 1956 is an Indian law that governs the establishment and regulation of the University Grants Commission (“UGC”) in India. The UGC is responsible for promoting and coordinating university education in the country and for ensuring the maintenance of standards of education in universities. The Act defines the powers and functions of the UGC, which include the power to award grants to universities and colleges, and to recognize universities and colleges for the purpose of granting degrees. The Act also provides for the establishment of a Fund for the UGC, which is used to finance its activities and programmes. Additionally, the Act sets out provisions for the appointment and removal of members of the UGC, and for the conduct of its meetings.
UNIVERSITY GRANTS COMMISSION (INDIA)
UGC is a statutory body under Department of Higher Education, Ministry of Education, Government of India. It was set up in accordance to the UGC Act 1956 and is charged with coordination, determination and maintenance of standards of higher education in India. It provides recognition to universities in India, and disbursements of funds to such recognized universities and colleges. The UGC headquarters are in New Delhi, and it has six regional centres in Pune, Bhopal, Kolkata, Hyderabad, Guwahati and Bangalore. A proposal to replace it with another new regulatory body called Higher Education Commission of India (“HECI”) is under consideration by the Government of India.
WHAT IS DEEMED TO BE UNIVERSITY?
Institutions of higher education are declared as Deemed to be Universities under Section 3 of the UGC Act, 1956 which provides as under:- “The Central Government may, on the advice of the Commission, declare by notification in the Official Gazette, that any institution for higher education, other than a University, shall be deemed to be a University for the purposes of this Act, and on such a declaration being made, all the provisions of this Act shall apply to such institution as if it were a University within the meaning of clause (f) of section 2.”
NATURE OF UGC
Statutory universities derive their authority from specific legislation enacted by the government, conferring legal status and autonomy. The UGC, established in 1956, was created to regulate and maintain the standards of higher education in the country.
One of the landmark cases shedding light on this issue is the T.M.A. Pai Foundation v. State of Karnataka (2002). The Supreme Court in this case emphasized the autonomy of educational institutions while recognizing the regulatory role of bodies like the UGC. The court held that UGC regulations are binding and must be followed by universities to ensure quality and standards in education. This decision reinforced the mandatory nature of UGC regulations on statutory universities.
UGC REGULATIONS
The UGC issues regulations from time to time to ensure quality and uniformity in the education provided by these universities. These regulations cover various aspects, including curriculum design, faculty qualifications, infrastructure, and other parameters deemed essential for maintaining academic standards. The UGC Act provides a legal framework for the establishment and functioning of universities, and it confers the UGC with the authority to make regulations regarding various aspects of higher education.
Most recently Supreme Court in Mehar Fatima Husain v. Jamia Millia Islamia & ors made it more clear that the UGC regulations are binding on the Universities, and the Supreme Court directed the reinstatement of the teachers at Jamia Millia Islamia (“University”) on a permanent basis who were denied regularization by the University even after UGC’s letter to University directing regularization of the teachers who were selected through a regular selection process and possessed required qualifications. Justice Abhay S. Oka emphasized on the binding nature of UGC regulations while citing the case of Kalyani Mathivanan v. K.V. Jeyaraj j& ors , stating that the UGC Regulations though a subordinate legislation has binding effect on the universities to which it applies; and consequence of failure of the university to comply with the recommendations of the UGC, it may withhold the grants to the university made out of the fund of the Commission.
OBSERVATION
UGC regulations are mandatory for statutory universities, as established by the UGC Act and supported by a plethora of judicial pronouncements. These regulations play a vital role in maintaining standards, ensuring uniformity, and upholding the quality of higher education. Compliance with UGC regulations is not only a legal obligation but also a crucial aspect of fostering excellence in the academic arena.
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