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Documents citing Prem Chand Jain & Anr vs R. K. Chhabra on 13 February, 1984

Srm University vs The Secretary on 30 August, 2011

46. Entry 66 which deals with coordination and determination of standard in institutions for higher education or research and scientific and technical institutions is in the Union List and Parliament alone has the legislative competence to legislate on the said topic. The University Grants Commission Act has been made with reference to Entry 66 (see Prem Chand Jain v. R.K. Chhabra12 and Osmania University Teachers' Assn. v. State of A.P.8). The Act has been enacted to ensure that there is coordination and determination of standards in universities, which are institutions of higher learning, by a body created by the Central Government. It is the duty and responsibility of the University Grants Commission, which is established by Section 4 of the UGC Act, to determine and coordinate the standard of teaching curriculum and also level of examination in various universities in the country. In order to achieve the aforesaid objectives, the role of UGC comes at the threshold. The course of study, its nature and volume, has to be ascertained and determined before the commencement of academic session. Proper standard of teaching cannot be achieved unless there are adequate infrastructural facilities in the campus like classrooms, libraries, laboratories, well-equipped teaching staff of requisite calibre and a proper student-teacher ratio. For this purpose, the Central Government has made a number of rules in exercise of powers conferred by Section 25 of the UGC Act and the Commission has also made regulations in exercise of power conferred by Section 26 of the UGC Act and to mention a few, the UGC Inspection of Universities Rules, 1960, the UGC Regulations, 1985 ........ Such incorporation of a university makes it impossible for UGC to perform its duties and responsibilities of ensuring coordination and determination of standards. In the absence of any campus and other infrastructural facilities, UGC cannot take any measures whatsoever to ensure a proper syllabus, level of teaching, standard of examination and evaluation of academic achievement of the students or even to ensure that the students have undergone the course of study for the prescribed period before the degree is awarded to them.
Madras High Court Cites 48 - Cited by 1 - K Chandru - Full Document

Bar Council Of India vs Saveetha Institute Of Medical And on 24 August, 2007

"46. Entry 66 which deals with coordination and determination of standard in institutions for higher education or research and scientific and technical institutions is in the Union List and Parliament alone has the legislative competence to legislate on the said topic. The University Grants Commission Act has been made with reference to Entry 66 (see Prem Chand Jain v. R.K. Chhabra, 1984 (2) SCC 302 : 1984 SCC (Cri) 233: (1984) 2 SCR 883) and Osmania University Teachers Assn. v. State of A.P., 1987 (4) SCC 671). The Act has been enacted to ensure that there is coordination and determination of standards in universities, which are institutions of higher learning, by a body created by the Central Government. It is the duty and responsibility of the University Grants Commission, which is established by Section 4 of the UGC Act, to determine and coordinate the standard of teaching curriculum and also level of examination in various universities in the country. In order to achieve the aforesaid objectives, the role of UGC comes at the threshold. The course of study, its nature and volume, has to be ascertained and determined before the commencement of academic session. Proper standard of teaching cannot be achieved unless there are adequate infrastructural facilities in the campus like classrooms, libraries, laboratories, well-equipped teaching staff of requisite calibre and a proper student-teacher ratio. For this purpose, the Central Government has made a number of rules in exercise of powers conferred by Section 25 of the UGC Act and the Commission has also made regulations in exercise of power conferred by Section 26 of the UGC Act and to mention a few, the UGC Inspection of Universities Rules, 1960, the UGC Regulations, 1985 Regarding the Minimum Standards of Instructions for the Grant of the First Degree, UGC Regulations, 1991 Regarding Minimum Qualifications for Appointment of Teachers in Universities and Colleges, etc. UGC with the approval of the Central Government and exercising power under Section 22(3) of the UGC Act has issued a schedule of degrees which may be awarded by the universities. The impugned Act which enables a proposal on paper only to be notified as a university and thereby conferring the power upon such university under Section 22 of the UGC Act to confer degrees has the effect of completely stultifying the functioning of the University Grants Commission insofar as these universities are concerned. Such incorporation of a university makes it impossible for UGC to perform its duties and responsibilities of ensuring coordination and determination of standards. In the absence of any campus and other infrastructural facilities, UGC cannot take any measures whatsoever to ensure a proper syllabus, level of teaching, standard of examination and evaluation of academic achievement of the students or even to ensure that the students have undergone the course of study for the prescribed period before the degree is awarded to them."
Madras High Court Cites 85 - Cited by 0 - F M Kalifulla - Full Document

Maharishi Mahesh Yogi Vedic ... vs State Of M.P. And Ors. on 20 March, 2002

106. The learned counsel for the State has submitted that the proviso has been rightly introduced by the State legislature as it is within its legislative competence. We may usefully put it here that we have already referred to Entry 66 of List I of the Seventh Schedule which deals with determination and coordination. It has been held in the case of Prem Chand Jain and Anr. v. R.K. Chhabra, AIR 1984 SC 981, that the definition of 'university' given in Section 2(f) of the UGC Act is not ultravires on the ground that it is beyond the legislative competence of the Parliament. This Act has been enacted under Entry 66 of the Union List. The State Legislature has also power or competence to make law relating to university. Entry 66 lays stress on determination and coordination and determination and coordination includes standard of education. It is submitted by the learned counsel for the petitioners that as far as the standard of coordination is concerned, the same cannot be determined by the State Legislature. Mr. Seth has submitted that doctrine of pith and substance also should be made applicable. In view of the law laid down by the Parliament in the UGC Act, it is putforth by them a parallel legislation by the State is not permissible.
Madhya Pradesh High Court Cites 50 - Cited by 74 - D Misra - Full Document

Bar Council Of India Represented By Its ... vs Saveetha Institute Of Medical And ... on 24 August, 2007

46. Entry 66 which deals with coordination and determination of standard in institutions for higher education or research and scientific and technical institutions is in the Union List and Parliament alone has the legislative competence to legislate on the said topic. The University Grants Commission Act has been made with reference to Entry 66 (see Prem Chand Jain v. R.K. Chhabra, ) and Osmania University Teachers' Assn. v. State of A.P. ). The Act has been enacted to ensure that there is coordination and determination of standards in universities, which are institutions of higher learning, by a body created by the Central Government. It is the duty and responsibility of the University Grants Commission, which is established by Section 4 of the UGC Act, to determine and coordinate the standard of teaching curriculum and also level of examination in various universities in the country. In order to achieve the aforesaid objectives, the role of UGC comes at the threshold. The course of study, its nature and volume, has to be ascertained and determined before the commencement of academic session. Proper standard of teaching cannot be achieved unless there are adequate infrastructural facilities in the campus like classrooms, libraries, laboratories, well-equipped teaching staff of requisite calibre and a proper student-teacher ratio. For this purpose, the Central Government has made a number of rules in exercise of powers conferred by Section 25 of the UGC Act and the Commission has also made regulations in exercise of power conferred by Section 26 of the UGC Act and to mention a few, the UGC Inspection of Universities Rules, 1960, the UGC Regulations, 1985 Regarding the Minimum Standards of Instructions for the Grant of the First Degree, UGC Regulations, 1991 Regarding Minimum Qualifications for Appointment of Teachers in Universities and Colleges, etc. UGC with the approval of the Central Government and exercising power under Section 22(3) of the UGC Act has issued a schedule of degrees which may be awarded by the universities. The impugned Act which enables Page 2154 a proposal on paper only to be notified as a university and thereby conferring the power upon such university under Section 22 of the UGC Act to confer degrees has the effect of completely stultifying the functioning of the University Grants Commission insofar as these universities are concerned. Such incorporation of a university makes it impossible for UGC to perform its duties and responsibilities of ensuring coordination and determination of standards. In the absence of any campus and other infrastructural facilities, UGC cannot take any measures whatsoever to ensure a proper syllabus, level of teaching, standard of examination and evaluation of academic achievement of the students or even to ensure that the students have undergone the course of study for the prescribed period before the degree is awarded to them.
Madras High Court Cites 84 - Cited by 1 - F M Kalifulla - Full Document

J.K. Soni vs State Govt. Of Nct Of Delhi on 23 February, 2012

10. It may be noted that earlier also the office bearers of the Petitioner‟s company were prosecuted and convicted for offence punishable under Section 24 IPC, which conviction was upheld by this Court. On an appeal, the Hon‟ble Supreme Court in Prem Chand Jain & Anr. Vs. R.K. Chhabra AIR 1984 SC 981 considered the issues at length. In the said appeal the vires of the UGC Act were also challenged, which were upheld by the Hon‟ble Supreme Court. Their Lordships declined to accept the submissions of the learned counsel for the Appellant therein that the definition of the „University‟ given in Section 2 (f) or the prohibition in Section 23 of the UGC Act are ultra vires on the ground that such provisions were beyond the legislative competence of the Parliament. It may be noted that in the said judgment, their Lordships acquitted the Appellants therein in view of the fact that they had resigned in between 1962 to 1970 and the fact that in view of the Companies Act they were under a misapprehension that they could use the word „University‟. Their Lordships in held:
Delhi High Court Cites 20 - Cited by 0 - M Gupta - Full Document

Sikkim Manipal University vs Indira Gandhi National Open University on 26 June, 2015

He has also submitted that this Court had clearly ruled in Prem Chand Jain v. R.K. Chhabra : [(1984) 2 SCC 302] that a university established by special legislation alone can have the right to confer degrees, where while referring to Section 2(f) and 23 of the UGC Act it was 87 WP(C) No.04 of 2013 Sikkim Manipal University vs. Indira Gandhi National Open University and Others said as under: (SCC pp. 307-08, paras 7-
Sikkim High Court Cites 54 - Cited by 5 - Full Document
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