Delhi HC asks UGC to recognise Amity as university

NEW DELHI: The Delhi High Court has ruled that recognition of the University Grant Commission (UGC) is not mandatory for a state government to set up a university.

A Division Bench of Justice Mukul Mudgal and Justice Reva Khetrapal uphold the decision of a single judge bench, directing the UGC to give recognition to Amity University.

The bench also quashed the petition filed by the Commission, challenging the earlier order passed by the single judge bench in July this year.

The UGC had refused to grant recognition to the Amity University on the ground that the Uttar Pradesh government had incorporated and established the varsity through a legislative enactment without the Commission's prior inspection and approval.

"The Constitution makes it abundantly clear that it shall be open to the state legislature to incorporate and establish universities and the same is not conditional upon recognition by the UGC," the Bench observed.

"The UGC undoubtedly has the power to incorporate, determine and maintain standards. However, to accept the plea of UGC that their recognition/approval is a sine qua non (indispensable condition) to the establishment of a university would tantamount to granting powers to the UGC which neither the Act nor the concerned entry in the Constitution postulate," the Bench said.

The court further said that a bare perusal of UGC Act for inspection of minimum standards of instruction and minimum qualification of teachers clearly show that the UGC has to control the standards of established university.

However, the UGC Act does not give any jurisdiction to the Commission to have a say in the initial establishment of a varsity, it said.