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University Of Delhi vs Raj Singh on 8 September, 1994

Thus, anything done under Section 12 is to be in consultation with Universities. It is not the case of UGC that the directives / Guidelines on which it relies to contend that it had prohibited deemed Universities from commencing new course / programme or from establishing new department were issued in consultation with deemed Universities. On the contrary, it has come on record that the deemed Universities were protesting thereagainst. The said Guidelines / directives thus cannot be held to be in accordance with Section 12 and thus are of no avail. We also find Supreme Court in University of Delhi supra to have also observed that the regulation making power of the UGC can in fact be traced to Section 12(1)(j) of the Act.
Supreme Court of India Cites 32 - Cited by 132 - Full Document

Ptc India Ltd vs Central Electricity Reg. Comm. ... on 15 March, 2010

32. The principle which immediately gets attracted in this respect is, that ordinarily what is statutorily prescribed to be done by making Regulations and which Regulations are required to be laid before each House of Parliament while in session for a period of 30 days, cannot be done otherwise. Else, there would be no sense left in prescribing the same to be done by Regulation. Thus, once we hold that the UGC, by Regulation, can require the Universities or deemed Universities to obtain prior approval before commencing a new course/programme, ordinarily UGC would not be entitled to insist so without framing a regulation. Supreme Court in PTC India Ltd. Vs. Central Electricity Regulatory Commission (2010) 4 SCC 603 held that if a different rate is required to be prescribed under the Electricity Act, 2003 by Regulations framed under Section 178 of the Act, it could be done only by subordinate legislation.
Supreme Court of India Cites 155 - Cited by 239 - S H Kapadia - Full Document
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