UGC restriction on opening of off-campus centres
By Our Reporter
Shillong: The Shillong Bench of the Gauhati High Court has passed a stay order on the UGC Private Universities Regulations 2003, which prohibited private universities from affiliating colleges and setting up off-campuses.
Taking up a writ petition filed by MLCU, the division bench of Gauhati High Court, presided over by Justices T Vaiphei and C. R. Sharma on August 17 issued an interim stay order on the operation of University Grants Commission’ s notification of July 13 last which debarred MLCU from opening off-campus centers. The UGC had put restriction on opening and operating off campus study courses and centers by MLCU taking the plea of violation of UGC regulation of 2003. MLCU was set up by an act of Meghalaya Legislative Assembly in 2005. While admitting a challenge to the legality of the UGC regulation of 2003 as well as the consequent order of UGC seeking to debar MLCU as well as 121 other universities, the Court observed that the writ petitioner, MLCU could make out a prima facie case against the legality of the UGC action in debarring it from opening and operating off campus studies centers. The interim order passed by the Court will have far reaching consequences in deciding the status of at least 122 universities set up in different parts of the country in the aftermath of the restriction imposed by UGC regarding opening off campus centers. When contacted, Glen C. Kharkongor, the Vice Chancellor of MLCU said that the partial stay on the UGC order will have wide ramifications as far as private universities are concerned. “The UGC is yet to respond as the hearing was ex-parte”, the Vice Chancellor said. It may be reminded that MLCU has set up rural campuses in various parts of Meghalaya with the intention of taking education closer to the people. That must have been the intent of the State Government when it passed the Private Universities Act, 2005. MLCU has affiliated colleges in the State under the provisions of the MLCU Act. However, the UGC had directed that private universities cannot affiliate colleges or open other campuses within the State without prior permission of the UGC . Further the UGC has specified that private universities which violate the regulations can be prohibited from granting degrees. The High Court has taken a prima facie view that such powers are not vested in the UGC Act. In the light of this case, it may be observed that each State has rights under the Concurrent List of the Constitution to establish universities and the UGC may not limit that right by framing rules that are not legally tenable. Furthermore, the National Commission for Minority Educational Institutions grants the right to any minority college in the country to affiliate with any university of its choice. This right flows from the Constitutional provisions for minority rights. By preventing private universities from affiliating colleges, these rights of minority institutions are being curtailed by the UGC. The case on behalf of MLCU was taken up by senior counsels SS Dey and VGK Kynta.