The Hindu : Notice to Centre, UGC on private varsity's plea

Online edition of India's National Newspaper
Tuesday, Mar 23, 2004

New Delhi

New Delhi

Notice to Centre, UGC on private varsity's plea

By Our Staff Reporter

NEW DELHI, MARCH 22. The Delhi High Court today issued notices to the Union Ministry for Human Resources Development, the University Grants Commission (UGC) and the Uttaranchal Government on a petition by a private university challenging the powers of the UGC to regulate its functioning.

The petitioner, the Institute of Chartered Financial Analyst of India (ICFAI), owner of the university called "The ICFAI University'' in Dehra Dun in Uttranchal, challenged a notification of the UGC intending to regulate and control the university.

The petitioner alleged that it was beyond the powers of the Commission as provided under Section 26 of the University Grants Commission Act, 1956.

The ICFAI said that it was aggrieved by the notification of the University Grants Commission (Establishment and Maintenance of Standards in Private Universities), Regulations 2003, to regulate the university, saying that it was arbitrary and unconstitutional.

It further said that the subject of incorporation and regulation of universities was covered entirely by List II of the Fifth Schedule of the Constitution.

The ICFAI is an Andhra Pradesh-based non-governmental organisation, and the university was established in July 2003.

It is a self-financing university, and the Uttaranchal Government had notified its establishment in September 2003, the petition said.

The university was, therefore, duly incorporated by an enactment of the Uttaranchal Government and was functioning from the date of its incorporation, the petition said, adding that the legislative competence of the State in establishing a university was not in dispute in view of Entry 32 of List II of Schedule VII of the Constitution.

A Division Bench comprising Justice B.C. Patel and Justice B.D. Ahmed asked the respondents to file replies to the petition by April 27.

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