EduCity: SC crackdown: Deemed-to-be and not a university

Coimbatore, Dec. 4

Recently, in a case involving the right of Deemed-to-be-Universities to start distance education courses in subjects leading to award of degrees in engineering, the Supreme Court came down heavily to deal a severe blow to these institutions and restrained them from using the word “University”.

No Deemed-to-be-University can run open and distant learning courses from the next academic year (2018-19) unless it is permitted to do so by the authorities concerned, a Bench consisting of Justice Adarsh Kumar Goel and Justice Uday Umesh Lalit, ruled.



This was on November 3, 2017. 

The Apex Court had observed: “It has come to our notice that many institutions which are conferred the status of Deemed-to-be-Universities are using the word “University”, which in our view is opposed to the spirit of Section 23 of the UGC Act. The UGC shall take appropriate steps to stop such practice. The UGC is further directed to take appropriate steps and implement Section 23 of the UGC Act and restrain Deemed-to-be-Universities from using the word ‘University’ within one month from today.”

Section 23 of the UGC (University Grants Commission) Act, 1956, reads: “No institution, whether a corporate body or not, other than a University established or incorporated by or under a Central Act, a Provincial Act or a State Act shall be entitled to have the word “University” associated with its name in any manner whatsoever.”

Following the SC order, in a letter dated November 10, the UGC asked 123 Deemed-to-be-Universities to drop the word 'University' from their names.

In the list of 123 institutions, 23 were from Tamil Nadu. Out of this, four were from Coimbatore - namely, Amrita Vishwa Vidyapeetham, Ettimadai, Avinashilingam University for Women, Karunya University, and Karpagam Academy of Higher Education.



The UGC wrote to these 123 institutions, twice on November 10 and 13, to comply with the SC order within 15 days, warning them about the withdrawal of the declaration if the Order was not taken in a serious manner. It was made out clearly that a Deemed-to-be-University could certainly award degrees but, could not use the word 'University' by virtue of Section 23 of the UGC Act, as per the observation by Supreme Court.

At the end of the notice period, 29 institutions didn't respond. Another reminder followed. And, finally on November 29 the UGC put 29 Deemed-to-be-Universities on notice, asking them not to use the word “University” in their names. This was the third reminder in a month.



This reminder gave the non-complying institutions 24 hours to comply with or face action, which could include UGC stripping them of their Deemed-to-be-University status.

Faced with the threat of losing their status, the majority of 29 institutions fell in line on November 30 and agreed to drop the word “University” from their names.

The UGC’s latest letter came in the wake of the Ministry of Human Resource Development (MHRD) cracking the whip on November 28. The Ministry had directed the regulator to ensure that the Supreme Court’s order was complied with before December 3.

Now, with the final deadline getting over, the UGC had said that it would check whether all the institutions had complied and a list would be prepared and sent to the MHRD along with the recommended punishment.

All these years, such Deemed-to-be-Universities had been reporting to the UGC. They also used to take their own decision on matters like increasing seats or starting a new course as there was no regulating authority.

Following the recent direction of the Supreme Court, the UGC issued fresh guidelines to all Deemed-to-be-Universities to abide by All India Council for Technical Education (AICTE) norms for technical and engineering education. Deemed-to-be universities across the nation offering technical and engineering courses should henceforth get sanction from the AICTE.

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