‘Karnataka HC's verdict against UGC Regulations on deemed varsities must apply pan-India’
In a surprising move, the Centre on Tuesday told the Supreme Court that the UGC has become redundant. It pointed out that the 2010 UGC Regulations — by which the higher education regulator imposed its authority over deemed and to-be-deemed institutions — had been declared unconstitutional by the Karnataka High Court five months ago. Although the order was understood to apply only to universities in Karnataka, the Centre argued in the Supreme Court that the HC order was applicable throughout the country.
The Centre’s submission came on a set of petitions filed by two Tamil Nadu-based institutions — SRM University and Manakula Vinaygar Academy of Higher Education. These institutions referred to the Karnataka HC order and questioned how two sets of rules could apply to colleges within Karnataka and colleges in Tamil Nadu.
Additional Solicitor General (ASG) PS Patwalia, who appeared for the Centre, said, “When Parliament enacts a law it operates across the country. If the High Court has struck down a Parliament-enacted law, the order will operate pan-India.” He even cited a 2004 apex court decision that held, “An order passed on writ petition questioning the constitutionality of a parliamentary Act whether interim or final keeping in view the provisions contained in Clause (2) of Article 226 of the Constitution of India, will have effect throughout the territory of India subject, of course, to the applicability of the Act.”
This submission by the Centre stumped one of the institutions that was willing to take the risk and subject itself to scrutiny by the UGC in order to fast track its application for deemed status. Senior advocate KK Venugopal, who represented Manakula Vinaygar, conveyed his surprise to the Court by stating, “I am not raising the question of validity, it is the Centre which is raising it. The Centre cannot say because Regulations are struck down we will not act. It goes in my favour.”
On May 22, 2014 a single-judge bench of the Karnataka High Court struck down the 2010 Regulations on the ground made out by seven private universities that the Regulations cannot apply retrospectively to structures or buildings existing prior to 2010. The HC order thus denuded the Commission’s powers to direct deemed universities and private institutions to maintain standards of education, infrastructure, staff and facilities, among others, to be declared as deemed university.
The SC bench, headed by Chief Justice Hl Dattu, asked ASG Patwalia to resolve the issue by October 29, when the matter will be heard next. Surprisingly, the Centre has appealed against the Karnataka HC order and which is yet to come up for hearing before the court. Patwalia informed the SC that once the Karnataka HC admits the appeal, the Centre may consider transferring the case to Supreme Court. Till such time, the UGC will not be able to enforce its Regulations until the HC order gets stayed.