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I. University Grants Commission - Statute, Regulations, Guidelines and the stand before this Court

4. The University Grants Commission Act, 1956 (for short 'the UGC Act') was enacted to make the provision for the co-ordination and determination of the standards in Universities and for that purpose, to establish a University Grants Commission (for short 'the Commission'). Such Act has been enacted in furtherance of Entry 66 of Schedule I of List VII of the Constitution (see judgment in Prof. Yash Pal & another Vs. State of Chattisgarh & others (2005) 5 SCC 420).

5. Section 12 of the UGC Act enjoins a general duty of the Commission to take in consultation with the Universities or other bodies concerned, all such steps as it may think fit for the promotion and co- ordination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities, and for the purpose of performing its functions under this Act. The Commission is to allocate and disburse funds and also to perform such other functions that may be prescribed in terms of Clause (j) of Section 12 of the UGC Act.

Singh Dalbir 2012.11.09 16:38 I attest to the accuracy of this document High Court Chandigarh CWP No.1640 of 2008 (O&M) (5)

6. Section 12A was inserted in UGC Act vide Central Act No.59 of 1984, in respect of affiliation and recognition of colleges to the privileges of a University. Section 22 of the UGC Act provides that the right to confer or granting degrees shall be exercised only by a University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an institution deemed to be a University under Section 3 of the said Act. Section 23 prohibits the use of expression 'University' unless such University established or incorporated by or under a Central Act, a Provincial Act or a State Act only meaning thereby that a deemed to be University is not entitled to use word 'University' with its name. Sections 22 and 23 of the UGC Act read as under:

In view of the above mechanism and instructions issued by MHRD, you are advised to approach the Joint Committee through Distance Education Council, IGNOU, Maldan Garhi, New Delhi."

17. On 21.05.2010, the Commission notified UGC (Institutions Deemed to be Universities) Regulations, 2010. Such Regulations consolidated the guidelines issued from time to time in respect of the factors to be taken into consideration before granting the status of the deemed to be university. Such Regulations apply to every institution seeking declaration as an institution deemed to be University under the UGC Act as also, albeit prospectively, to an institution which has been declared as an institution deemed to be university under Section 3 of the UGC Act. Under the aforesaid Regulations, a 'Campus' means Campus of the institution deemed to be university at its headquarters, wherein its major facilities, faculty, staff, students and its Academic Departments are located in a city/town/village in India. While 'off-Campus centre' means an approved (by the Central Government) Centre of the institution deemed to be University beyond its Campus in the country, an 'off-shore Campus' means an approved (by the Central Government) centre of the institution deemed to be university beyond its Campus and outside India. The "Statutory body" means a body constituted under any law for the time being in force for determining or maintaining standards of quality in the relevant areas of higher education and bodies known as All India Council for Technical Education (AICTE), Medical Council of India (MCI), Dental Council of India (DCI), National Council for Teacher Education (NCTE), Bar Council of India (BCI), Indian Nursing Council (INC), etc. shall be the statutory bodies for the purposes of these regulations (2.12). Singh Dalbir 2012.11.09 16:38 I attest to the accuracy of this document High Court Chandigarh CWP No.1640 of 2008 (O&M) (21)