Sweeping SC scrutiny over private, deemed varsities
New Delhi, Nov. 27 -- The Supreme Court has placed the entire ecosystem of private and deemed universities across India under judicial scrutiny, demanding exhaustive disclosures from the Centre and state governments on the circumstances of their creation, the benefits extended to them, and the regulatory frameworks meant to ensure they adhere to a 'no profit-no loss' mandate if they position themselves as such institutions.
A bench of justices Ahsanuddin Amanullah and NV Anjaria said that "in the larger public interest" it found it appropriate to examine aspects relating to the "creation/establishment/setting-up of all private Universities, either under the state governments/UTs or the central government, and connected concerns."
The court directed the cabinet secretary to the Government of India and chief secretaries of all states and UTs to collate information pertaining to the establishment, functioning and regulation of such universities and place this on record through affidavits "personally affirmed by them".
The court's decision arose from a writ petition filed by the student of a private university in Noida who was aggrieved that the varsity had not changed her name in its records despite the submission of all necessary documents. Jain sought a direction to correct her name, permit her to take MBA examinations with the corrected details, and compensate her for the harassment caused. The petition, filed and argued through advocate Mohd Fuzail Khan, prompted the bench to widen the scope of scrutiny.
Ordering disclosures on a wide range of structural and regulatory issues, the bench sought details from governments on "the background/circumstances and under which provisions of law all private/non-government/deemed-to-be Universities came into being". It also asked "what benefits the Government has granted to them, including the stipulations and conditions under which such benefits, both in terms of allotment of land, preferential treatment of any kind and/or other ancillary benefits" were conferred.
The court also asked governments to place on record the memorandum, articles, aims and objectives of the societies or organisations running these institutions, along with "persons who are actually running/managing/in-control" of the universities. This includes details of apex bodies, managing committees or boards of governors, their composition, and mode of selection. "Full details of the concerned personnel connected with the establishment/management of such Universities shall be placed on record," the 20 November order, released now, stated.
The matter will be taken up next on January 8, 2026....
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