Perhaps for the first time in 55 years of its existence the University Grants Commission (UGC) was asked to limit itself to its primary role of observing standards and giving grants, without in any way trying to restrict the powers of  state governments to start new universities in their states. In a significant judgement the Delhi High Court has ruled that  UGC permission is not mandatory for a state government to establish a university.

The reference is to a division Bench of Justice Mukul Mudgal and Justice Reva Khetrapal upholding the decision of a single-judge Bench in which the UGC was directed to recognise the Amity University.

The UGC had argued that it was within its powers to refuse recognition to this university as the Uttar Pradesh government had incorporated and established it through a legislative enactment without the commission's approval to do so. According to the judges, “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."

No hindrance
The judicial pronouncement is clearly and unequivocally critical of the unconstitutional powers the UGC has been assigning itself over time. Without any ambiguity the judges  stated that the august body has undoubtedly the power to incorporate, determine and maintain standards but it cannot impose indispensable conditions or qualifications upon the establishment of a new state university at the initial stage. It can, of course, prescribe qualifications for teachers and control the quality. But these UGC duties have to be performed  later.

The UGC was constituted in 1953 to promote and coordinate university education and to determine and maintain standards of teaching, examination and research. It was given constitutional powers to examine the financial needs of igher education and arrange for funds. But,  it gradually started overstepping its role. For example, it divided itself between bearing the full expenses of central universities but giving only symbolic grants to the states. Also, it started advising the states in matters of establishing new universities and formulating and implementing policies pertaining to them.

Unprecedented moves
And as the states took its advice as mandatory the practice was  institutionalised which eventually affected their  freedom to act  in tune with  their own local needs to open universities/ colleges. This delayed the demands for more institutions. Also, it created a rift between the state and central varsities resulting in the popular perception that state varsities are mediocre. 

So much so  when it appointed the NAAC (National Assessment and Accreditation Council)  to assess and evaluate the standards of the colleges it was taken in the same spirit as a monitor is taken in a school classroom.
Resultanly  colleges of the North, particularly of Delhi, started avoiding any NAAC inspection and this great body has for all practical purposes remained confined mostly to the south. And even here the UGC could not do away with the perception that the NAAC was made to find excuses for withholding the grants.

Even so far as the question of maintaining the standard is concerned the UGC has its own preconceived or dictated mindsets. Not long back it had favoured the teaching of astrology in some university departments. When the Chowdhury Charan Singh University of Meerut resolved to teach a Prime Minister's poems in its MA classes for English, it raised no objection. And when only last month it asked some universities to stop the entrance of junk food in their canteens it became a big joke for teachers and students.

If the UGC concentrates its time, money and energy, and within its  assigned duties it would earn the goodwill of the academic community. It could strive to enhance  teachers' emoluments to reduce the attrition rate and attract scholars into the profession.

Also most  faculty positions are hijacked by the HoDs and  external experts, therefore the UGC must depute more observers at selection committee meetings with greater powers. Banning franchise and mindless infiltration of foreign varsities would also be a welcome step.