The High Court of Karnataka on Thursday declared as “unconstitutional and invalid” the University Grants Commission (Institutions Deemed to be Universities) Regulation 2010 pertaining to governance system, admission and fee structure and opening of campuses of deemed-to-be universities in the country.
The High Court also quashed the circular issued by the UGC in 2010-11 asking all existing deemed-to-be universities to comply with the new regulation.
Justice Anand Byrareddy delivered the verdict while allowing petitions filed by Manipal, Siddartha, KLE, BLDE, Devaraj Urs, Yenepoya and Symbiosis universities challenging the constitutionality and legality of the regulation.
The universities had contended that the regulation besides illegally intruding into the rights of the trusts and persons associated with them and who have set up these institutions, interfered with the administration and admission processes of these private unaided institutions in gross violation of a series of dicta of the Supreme Court.
However, the Union government and the UGC argued that the regulation was aimed at ushering in transparency, accountability and quality in these universities.
Accepting the contentions of the universities, the High Court said that the regulation was in violation of the Supreme Court’s verdicts in T.M.A. Pai Foundation, P.A. Inamdar and other cases as it would take away the control from the managements of private institutes over the admission process and also fixation of fee structure.
Interference either by the UGC or the Union government in these processes of private unaided and minority educational institutions through the regulation is impermissible, the High Court said.
Pointing out that it was not the UGC that authored the regulation but the Ministry concerned, the High Court said that by such an action, the UGC had abdicated its discretion to frame regulations, and hence the regulation was also in violation of Section 26 of the UGC Act.
