'Public interest': SC seeks details about pvt varsities
New Delhi, Nov. 26 -- 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 court further directed the University Grants Commission (UGC) to file an affidavit disclosing "its role vis-a-vis such institutions" and to state "what the statute/policy mandates as also the actual mechanism to monitor/oversee compliance by the institutions".
The disclosures must also cover the policy of admission of students, the process of recruitment of academic staff, and the regulatory checks that governments have in place to ensure adherence to statutory or policy conditions, including any relaxations granted.
The bench also called for responses on whether such universities, in particular those claiming as such, are functioning on a "stated/advertised 'no profit, no loss' basis", and how governments ensure "no diversion of monies towards anything unconnected with the educational institution, including salaries/expenses towards founders/family members and assets acquired by them".
Details of grievance redressal mechanisms for students and faculty, and whether universities are paying minimum salaries to faculty and staff as mandated by law, must also be provided. The bench cautioned that there shall be "no delegation" in the filing of affidavits, and that responsibility for every disclosure and its correctness shall rest with the deponents.
It warned that "if there is any attempt to withhold/suppress/misrepresent/misstate facts in the affidavits. this Court will be compelled to adopt a strict view."
The matter will be taken up next on January 8, 2026....
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