Notifications |
|
No.AIU/Adm/Rectt/05 September 23, 2005 Applications, on the prescribed form, obtainable from this office on payment of Rs.5/-
at the counter or on remittance of Rs.25/- by demand draft payable to the Secretary General, AIU alongwith a self-addressed envelope (to obtain it by post) are invited from Indian citizens for the following posts:-
Secretary General |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
ASSOCIATION OF INDIAN UNIVERSITIES 16, Comrade Indrajit Gupta Marg, New Delhi-110002 APPLICATION FOR THE POST OF
________________________ ADVERTISEMENT DATE ________
11. Details of employment -- Past & Present:
12. Extra-curricular activities 13. Are you
willing to accept the minimum initial pay in the grade? If not, state
basic pay in the grade, 14. If selected for appointment, how much time would you require for joining the post? 15. Additional remarks: 16. Reference-Non-relatives
(Minimum two) 17. Mention here enclosures to the
application. (Attested copies of certificates should be attached)
Date
________________
____________________ N. B. :- If the space provided above
is not sufficient, additional information may be attached separately with
the |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Special DAAD Fellowships for Disaster Prevention and Management In
view of earthquakes, floods, civil conflicts, health risks etc.
international awareness for the need of disaster preparedness is growing.
In order to avoid catastrophes and conflicts and the need to mitigate its
effects on the population, the environment and the economies, the need for
qualified experts in various fields is perceived. The DAAD would like to
contribute to the international efforts in disaster prevention management
by offering German Foreign Office funded special fellowships and research
grants in the following areas: Fellowships and Grants
Eligibility Criteria:
Applicants
must specify 1) current area of research 2) proposed research topic /
study course with placement at German university / research institute.
Candidates must be employed in research institutions, universities or in
the public sector in Yours sincerely, |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Notice R.G.Nair
Embassy of India First
Secretary (E&C)
37-3, Hannam Dong
Yongsan-Ku
Tel: (82 2) 798 4257, 792 2653
Fax: (82 2) 796 9534
E-mail: infind@shinbiro.com
Website: www.indembassy.or.kr
No.SEO/327/1/2005 12th September, 2005 To The Under Secretary, Association of Indian Universities, AIU House, 16- Kotla Marg,
New Delhi - 110002 Sir, Shingu College, an independent Vocational Education Institute located in the Gyeonggi Province of the Republic of Korea has approached this Embassy for academic relationships with appropriate Indian College or University for educational exchanges. A copy of their communication along with detailed profile of the College is forwarded herewith, which may please be circulated among Institutions in India, so that interested Institutions may directly contact Mr. Kim, Moon-Kang, Development Planning Team, Shingu College, 2685-Geumkwang-2 dong, Jungwon-gu, Seongnam,-si, Republic of Korea-462-743 (Tel: 0082-31-740-1277; Fax: 0082-31-740-1209) for further negotiations before an appropriate agreement is entered into with the College. This Embassy may also please be kept informed of progress in this respect. Sd/- (R.G. Nair) First Secretary (E&C) |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
ASSOCIATION OF INDIAN UNIVERSITIES
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Donations to the Association by individual, company, firm or any other person are exempt under section 80G (5) (VI) of Income Tax Act, 1961. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Supreme Court Judgment on Niji Kshetra Vishwavidyalaya
(Sthapana Aur Viniyaman) Adhiniyam, 2002 The Chhattisgarh Legislature enacted the Niji
Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 which was published
in the Gazette on 4.2.2002 to establish self financed private universities for higher
education. Under Section 5 of the Act the
State has been empowered to incorporate and establish a University by issuing a
Notification in the Gazette and Section 6 permits such university to affiliate any college
or other institution or set up more than one campus with prior approval of the state government.
Many people used the loophole in the law to sidestep any scrutiny and had set up private
universities. The private universities mushroomed all over the country. Many of these universities had no infrastructure
and even no class-rooms, although they collected high fees from students and had done away
with the role of regulatory bodies or quality controlling agencies. Considering these facts the AIU also took a stand to not give any
temporary membership to these universities and to that effect modified its policy. The law consequently, had attracted censure over the
manner in which it had triggered the haphazard proliferation of private universities in
the country and a public interest litigation had questioned the legality of the Act. The recent Supreme Court ruling declared all these
universities in the country set up under the Act as illegal.
The apex court recorded that the provisions of section 5 and 6 of the Act are
unconstitutional, ultra vires and the
gazette notifications notifying the universities are
liable to be quashed and all such universities cease to exist. Many of the readers of the University News have
requested us to provide the Judgment. The Judgment therefore is being placed in its
original form in the University News for easy access of all its readers. In the
Supreme Court of Writ Petition
(Civil) No.19 of 2004 Prof Yashpal
& Anr.......................Petitioners Versus State of
Chhattisgarh & Ors.............Respondents With Writ Petition
(Civil) Nos.295, 299, 346 and 525 of 2004, Writ
Petition (Civil) Nos.565 of 2003, Civil Appeal Nos.5146, 5161, 5171, 5172, 5174, 5175,
5180, 5184, 5185, 5188, 5189, 5190, 5191, 5197 and 5198 of 2004. JUDGMENT G.P. MATHUR, J. 1. Professor
Yashpal, an eminent Scientist and former Chairman of University Grants Commission, has
filed Writ Petition No.19 of 2004 under Article 32 of the Constitution by way of public
interest litigation for declaring certain provisions of The Chhattisgarh Niji Kshetra
Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 as ultra vires and for quashing
of the notifications issued by State of Chhattisgarh in the purported exercise of power
conferred by Section 5 of the said Adhiniyam for establishing various universities. The
other petitioner who has joined in the petition, is a resident of Chhattisgarh and is
concerned with the quality of education in his State. The respondent no. 1 to the petition
is the State of 2. The Chhattisgarh Legislature enacted the
Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 (for
short ‘the Act') which was published in the Gazette on 4.2.2002 to establish
self-financed private universities for higher education. Under Section 5 of the Act the
State has been empowered to incorporate and establish a university by issuing a
notification in the Gazette and Section 6 permits such university to affiliate any college
or other institution or to set up more than one campus with the prior approval of the
State Government. The main averments in the petition are that after coming into force of
the Act, the State Government has been simply by issuing notifications in the Gazette,
establishing universities in an indiscriminate and mechanical manner without having
slightest regard to the availability of any infrastructure, teaching facility or their
financial resources. In a short span of about one year as many as 112 universities were
established and many of them had absolutely no buildings or campus and were running from
one room tenements. There was absolutely no regulation or supervision over them. The
legislation has been enacted in a manner which has completely done away with any kind of
control of University Grants Commission (for short ‘UGC’) over these private
universities. The guidelines issued by UGC on the courses being taught and award of
academic degrees has been given a complete go-by. The universities issued brochures for
award of all kinds of degrees like “Member of the International Institute of Medical
Sciences”, “Fellow of the
International Institute of Medical Sciences” and many other similar degrees. The
universities are wholly incapable of imparting any education much less a quality education
in absence of basic infrastructure like classrooms, libraries, laboratories or campus. Nevertheless by conferment of a legal status of a
university, they have been empowered to award degrees. The private universities are
running professional courses without taking prior permission from regulatory bodies such
as All India Council of Technical Education (AICTE), Medical Council of India (MCI),
Dental Council of India (DCI), etc. The requirement of obtaining prior permission from the
regulatory bodies has not been followed and the universities are not under the control of
any authority and are at liberty to grant degrees, diplomas and certificates to gullible
students. The State Government has not done any verification or checking of universities
after issuance of notification in the Gazette, whether they fulfill any norms laid down by
the statutory bodies, which is essential for recognition of the degrees, diplomas and
certificates awarded by such universities. In
absence of requisite permission from the statutory bodies, the degrees and certificates
awarded by such universities would not be recognized by the professional organizations, as
a result whereof the students studying in such universities and obtaining the degrees
therefrom would suffer immense loss, both in terms of money and also the time spent in
completing the courses. It is further averred that the University Grants Commission Act is
made nugatory as private universities are offering courses without subscribing to the
standards laid down by the UGC and there being no homogeneity of the course content, the
degree awarded may not be of any value. The private universities are offering unheard of
courses and degrees which are not part of schedule to the UGC Act, which is in clear
violation of Section 22 of the aforesaid Act and the Schedule appended thereto. The
minimum requirement of teaching staff as laid down in the guidelines of UGC had also been
given a complete go-by. Young students are
being misled in enrolling themselves in courses which do not have any substantive content
and the degrees offered by such private universities would affect the standard of
education at large which in turn will jeopardize the educational system of the whole
country and not that of State of 3. Some photographs have also been filed which show
that a signboard mentioning the name of the University is put over small room or shop on
first or second floor in some congested market area. That they are functioning from small
premises which are sometimes a single small room in a commercial complex or a small
tenement on the first or second floor of a building or an ordinary flat or MIG house is
evident from their address and a few of them are being reproduced below by way of
illustration: Respondent
No.3 :
Room No.201, IInd Floor
Jairam Complex, Respondent
No.13 :
Mishr Bhawan, 1st Floor
Tatyapara, Respondent
No.36 :
M.I.G. 6, Sector 3
Shankar Nagar, Respondent
No.37 :
C-9-12, 1st Floor
Ekatam Prishar
Rajbandha Maidan, Respondent
No.42 :
1st Floor, Mishr Bhawan, Several such universities are functioning outside
the State of Respondent
No.7 :
11/66, Shershah Suri Marg
Mohan Co-operative Industrial Estate, Respondent
No. 9 :
Lovely Auto Complex
Dr. Ambedkar Chowk
Respondent
No.10 :
Babu Banarasi Dass Northern Indian Foundation
Upper Ground Floor, 338-384, S- Block, New Rajinder Nagar, Respondent
No.12 : Dr. Zakir Hussain National University
Unopcharik av Anvrat Shikshan Sansthan
Satellite Centre,
Respondent
No.45 : Bio-Informatics, Bio-Tech. and
Bio- Informatic Respondent
No. 46 :
(N.C.D. Office) Ground Floor
E-382, Greater Kailash Part II
Respondent
No.53 :
N.I.C.I. Society, 54, 4. Writ Petition (Civil) No. 565 of 2003 has been
filed by Gopal Ji Agarwal with the same prayer, namely, that the Chhattisgarh Niji Kshetra
Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam 2002 be declared as ultra vires being
violative of Constitution of India, and also contrary to the provisions of University
Grants Commission Act, 1956, Indian Medical Council Act, 1956, All India Council for
Technical Education Act, 1987 and Bar Council of India Act, 1956. A further prayer has
been made that a write of prohibition may be issued restraining the private universities
incorporated under the aforesaid Act from imparting any education and conferring any
degrees or diplomas. The averments made in the writ petition are substantially the same as
made in the writ petition filed by Prof. Yash Pal, that a large number of universities
have been incorporated by merely issuing gazette notifications though they do not have any
kind of infrastructure or teaching facility and are functioning from one room tenement in
a second or third floor in a residential or commercial building and without any teaching
staff. The universities have been established merely to confer degrees and they have on
their own created a large number of degrees and diplomas which are totally unheard of. The
universities had issued advertisements for opening up study centres in different parts of
the country for award of any number of degrees and diplomas.
By way of illustration, copies of advertisements issued by some of the
universities have been filed. One of such university, namely, the Master
of Biotechnology Administration (MBA) - 2Yrs. Master
of Insurance Management (MIM)
- 2 Yrs. M.
Tech in Bioinformatics
- 2Yrs. M.
Tech VLSI (Very Large Scale Intg. Circuits) - 2 Yrs. M.
Tech Elect. Mechanics &. Power M.
Tech Energy Management Systems
- 2 Yrs. M.Sc.
Cheminformatics (Intg)/ Bioinformatics (Intg) -
5 Yrs. M.Sc.
Biotechnology (Intg.)
- 5 Yrs. M.Sc.
Bioinformatics/Biotechnology
- 2 Yrs. B.Sc.
wilh Bioinformatics/Microbiology/Biotechnology
-
3
Yrs. B.Sc.
with Automobiles Science
- 3 Yrs. PGD in
Biotech Marketing
- 1 Yr. PGD in
Imaging (CT Scan) & (MRI)
- 2 Yrs. PGD in
Bioinformatics
- 1.5 Yrs. PG
Diploma in Cheminformatics
- 1 Yr. PG
Diploma in PG
Diploma in Energy Audit and Conservation - 1
Yr. PG
Diploma in Acturial/Sciences in Bioinformatics - 1 Yr. The writ petitioner, not
knowing the correct facts, responded for opening up a study centre and he was asked to
deposit Rs. 50,000/- which he did by two Demand Drafts. On enquiry regarding prior
permission from Medical Council of India, the Registrar of the “Certified that
following PARA MEDICAL COURSES are approved by 1) B P T - 2 Year 2) Bachelor of
Ophthalmology - 2 Year 3) B M L T - 4 Year 4) PG Diploma in Imaging
(MRI) - 1 Year It is further certified
that for Para Medical Course MCI approval is not required and it is not covered by MCI
also.” It is further averred
that the Indian University, Raipur also issued an advertisement inviting applications for
admission to certain types of technical courses in its alleged campus at Graduate School
of Business & Administration, Greater Noida, which is in the district of Gautam Budh
Nagar, in the State of UP and it was mentioned therein that the candidates may apply to
the Registrar by sending a Bank Draft of Rs.
800/-. A photocopy of the advertisement has been filed. It has thus been submitted that
though the private universities have no infrastructure for imparting any kind of
education, they were alluring people all over the country to open study centres for which
they were charging huge amount and also befooling students to apply for admission to
wholly unknown and unheard of technical, medical and other professional courses which are
not recognized by any statutory authority, and thereby a substantial amount of money has
been collected. 5. In a stereotyped manner Gazette notifications
were issued notifying a University and by way of illustration one such notification is
being reproduced below: “ No.
F. 679/........../02. - In exercise
of the powers conferred by sub-Section (1) of Section 5 of the Chhaitisgarh Niji Kshetra
Vishwavidyalaya (Sthapana Aur Viniyaman), Adhiniyam 2002 (No. 2 of 2002) for extension of
Higher/Technical Education in Chhattisgarh, hereby, establishes a University known as
“Indian University, Raipur” with effect from the date of publication of this
notification in the Chhattisgarh Gazette and the jurisdiction of the University shall
extend over whole of Chhattisgarh. 2. The Head Office of the
University shall be at 3. The State Government, hereby
authorizes “Indian University, Raipur” to conduct the syllabus and to grant
degree or diplomas for which it shall be recognized or authorized as may be required under
any other law for the time being in force.” 6. Several legal issues have also been raised in the
writ petitions and the principal being that the manner in which these private universities
are functioning would result in creating a complete chaos in the system of higher
education in the country and the expert bodies created by the Central Government like,
University Grants Commission, Medical Council of India, All India Council for Technical
Education etc. for coordination and determination of standards in their own respective
fields would not be able to perform their statutory duty and would make their functioning
not only difficult but almost impossible. 7. The State of Chhattisgarh has filed brief but
almost identical counter affidavits in both the writ petitions. The main plea taken
therein is that in view of Entry 32 List II of Seventh Schedule to the Constitution, the
State has the legislative competence to make an enactment regarding incorporation of a
University. The impugned Act had been passed
to facilitate establishment of private Universities with a view to create supplementary
resources for assisting the State Government in providing quality higher education. The
notifications establishing the Universities were issued on the basis of the
representations made by the sponsoring bodies as set out in their project reports. The
State Government expected that the Universities would make the requisite infrastructure
including campus, building, etc. and recruit qualified staff so as to provide higher
education in order to achieve the object for which the Universities were established.
However, the functioning of the Universities post notification was dismal and completely
belied the expectations which the State of Government had in that behalf, raising serious
concern about the academic interests of the students seeking admission therein. The State
Legislature, accordingly, enacted the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana
Aur Viniyaman) Sansodhan Adhiniyam, 2004. After
expiry of the time limit fixed in the aforesaid amending Act, 59 Universities were
denotified on account of their failure to comply with the amended provisions. It is
further averred that after the Act had been amended in the year 2004, the
petitioners’ grievance has been completely met and consequently the writ petitions
deserve to be dismissed. 8. Before we advert to the principal submission of
learned counsel for the parties regarding the vires of Section 5 and 6 of the Act, it is
necessary to take note of the relevant constitutional provisions dealing with education
and Universities, both under Government of India Act, 1935, and the Constitution. SEVENTH SCHEDULE OF
GOVERNMENT OF LIST I - FEDERAL
LEGISLATIVE LIST 12. Federal
agencies and institutes for the following purposes, that is to say, for research, for
professional or technical training, or for the promotion of special studies. 13. The LIST
II - PROVINCIAL LEGISLATIVE LIST 17. Education including Universities other than
specified in paragraph 13 of List I. 33. The incorporation, regulation, and
winding up corporations (not being Corporations specified in List I or Universities);
unincorporated trading, literary, scientific, religious and other societies and
associations; co-operative societies. SEVENTH SCHEDULE TO THE
CONSTITUTION OF LIST I - UNION LIST 63. The
institutions known at the commencement of this Constitution as the 64. Institutions
for scientific or technical education financed by the Government of India wholly or in
part and declared by Parliament by law to be institutions of national importance. 65.
Union
agencies and institutions for - (a) professional,
vocational or technical training, including the training of police officers; or (b) the promotion of
special studies or research; or (c) scientific
or technical assistance in the investigation or detection of crime. 66. Co-ordination
and determination of standards in institutions for higher education or research and
scientific and technical education. LIST II - STATE LIST 11. Education
including universities, subject to the provisions of Entries 63, 64, 65 and 66 of List I
and Entry 25 of List III. (This
Entry was deleted by Forty-second Amendment Act) 32. Incorporation,
regulation and winding up of corporation, other than those specified in List I, and
universities; unincorporated trading, literary, scientific, religious and other societies
and associations; co-operative societies. LIST III - CONCURRENT
LIST 25. Education, including
technical education, medical education and universities, subject to the provisions of
entries 63, 64, 65 and 66 of List I; vocational and technical training of labour. The
Constitution (Forty-second Amendment) Act, 1976 which came into force on 3.1.1977 omitted
Entry 11 from List II and transferred that subject to be combined with Entry 25 of List
III. 9. The foundation for a federal set up for the
nation was laid in the Government of India Act, 1935. Though in every respect the
distribution of legislative power between the 10.
How the word “Universities” occurring as a legislative head in the
Seventh Schedule should be interpreted, one has to look to the legislative practice
regarding interpretation of Constitutional entries. For this purpose, it will be useful to
refer to some well-known decisions. In "To
determine the extent of the grants of power, we must, therefore, place ourselves in the
position of the men who framed and adopted the Constitution, and inquire what they must
have understood to be the meaning and scope of those grants.” In Ex parte Grossman,
(1925) 267 US 87, the U.S. Supreme Court observed that the language of the Constitution
cannot be interpreted safely except by reference to the common law and to British
institutions as they were when the instrument was framed and adopted. In Croft v. Dunphy, 1933 AC 156, it was held as
under: “When
a power is conferred to legislate on a particular topic it is important, in determining
the scope of the power, to have regard to what is ordinarily treated as embraced within
that topic in legislative practice and particularly in the legislative practice of the
State which has conferred the power. Thus in considering what might be appropriately and
legitimately enacted in relation to “bankruptcy and insolvency” it was
considered relevant to discuss the usual contents of bankruptcy statutes.” Similarly, in Wallace
Brothers and Co. Ltd. v. Commissioner of Income-tax, Bombay, AIR 1948 PC 118, the Judicial
Committee observed that where Parliament has conferred a power to legislate on a
particular topic it is permissible and important in determining the scope and meaning of
the power to have regard to what is ordinarily treated as embraced within that topic in
the legislative practice of the United Kingdom. The object is to ascertain the general
conception involved in the words in the enabling Act. 11. In Constitutional Law
of India by Seervai, the learned author has said in para 2.12 (3rd ed.) that the golden
rule of interpretation is that words should be read in their ordinary, natural and
grammatical meaning subject to the rider that in construing words in a Constitution
conferring legislative power the most liberal construction should be put upon the words so
that they may have effect in their widest amplitude. This is subject to certain exceptions
and a restricted meaning may be given to words if it is necessary to prevent a conflict
between two exclusive entries. 12. The framers of the
Constitution having adopted (with some modification) the legislative entries on
Universities from the Government of India Act, 1935 made by the British Parliament, the full content and amplitude of the entry can be
comprehended by examining how a University is understood and what is its concept in U.K.
and U.S.A. whose pattern was followed in several matters and which the founding fathers
had in their mind. 13. In Volume 15
Halsbury’s Laws of England (Fourth ed. Reissue) what is a University and how it is
incorporated is described as under: Other attributes of a university appear to be the admission of
students from all parts of the world, a plurality of masters, the teaching of one at least
of the higher faculties, namely theology, law or philosophy (which in some definitions are
regarded as identical) and medicine, provision for residence and the right to confer
degrees, but possession of these attributes will not make an institution a university in
the absence of any express intention of the sovereign power to make it one. A university involves the relation of tutor
and pupil; it is charged with the supervision and upbringing of the pupil under tuition.
Incorporation was anciently effected by papal grant or charter, and later by royal charter
or Act of Parliament. The practice adopted in the
case of the most recent foundations is to incorporate the university by royal charter, to
which there is annexed a schedule containing the original statutes of the university, and
thereafter to obtain the passing of a local Act of Parliament vesting in the university
the property and liabilities of any institution which it replaces and making other
necessary provisions. A copy of any application
for a charter for the foundation of any college or university which is referred by the
Queen in Council for the report of a committee of the Privy Council must be laid before
Parliament, together with a copy of the draft charter, for not less than 30 days before
the committee reports upon it. In 15A
American Jurisprudence 2d “University” has been defined as under: Properly speaking, a
“university” is an aggregation or union of colleges. It is an institution in which the education
imparted is universal, embracing many branches, such as the arts, sciences, and all manner
of higher learning, and which possesses the power to confer degrees indicating proficiency
in the branches taught. The word “college”
has been said to be employed in the In the footnote to this
paragraph reference is made to a decision which has some kind of similarity with the case
in hand and the footnote reads as under: A school offering
correspondence courses in professional and other educational subjects, sending students
textbooks and lessons to study, giving examinations based thereon, and awarding diplomas
or degrees, but having no entrance requirements, resident students, library, laboratory,
or faculty, is not a university. Branch v
Federal Trade Com. (CA7) 141 F2d 31) In the New Encyclopedia
Britannica (15th ed) “University” has been described as under: (Page
165) University, institution of higher
education, usually comprising a liberal arts and sciences college and graduate and
professional schools and having the authority to confer degrees in various fields of
study. (Page
186) Universities and students looked toward
ways of creating opportunities for a satisfying career outside traditional roles for
graduates in scholarship, teaching, and the professions. The university’s basic
traditional functions remain unchanged - enabling students to learn from their cultural
heritage, helping them to realize their intellectual and creative abilities, and
encouraging them to become humane and responsible people. The university expands knowledge
across the entire spectrum of disciplines, and it can add to the understanding and
enjoyment of life. It continues to be needed
for imaginative solutions to the problems of society. 14. Shortly after independence on 4.11.1948 the
Government of India constituted a Commission known as “University Education
Commission” of which Dr. S. Radhakrishnan was the Chairman. Dr. Tara Chand, former
Vice Chancellor, Allahabad University, Dr. Zakir Hussain, Vice Chancellor, Aligarh Muslim
University, Dr. A. Lakshmanaswami Mudaliar, Vice Chancellor, Madras University, Dr.
Meghnad Saha, Dean, Faculty of Science, Calcutta University and 5 other eminent
personalities in the field of education were its members. The Commission gave a very long
and exhaustive report. Chapter II of the
report deals with the aims of University education and Para 2 of Part I is illustrative
and the same is being reproduced below: “2. Universities as the Organs of Civilization -
He indeed must be blind who does not see that, mighty as are the political changes, far
deeper are the fundamental questions which will be decided by what happens in the
universities. Everything is being brought to the test of reason, venerable theologies,
ancient political institutions, time-honoured social arrangements, a thousand things which
a generation ago looked as fixed as the hills. If
In the introductory
paragraph of Chapter IV dealing with standards of teaching, the Commission recorded its
views in the following words : The need for High
Standards Introduction
- It is the primary duty of a university to maintain the highest standards of its
teaching and examinations. A university is a
place of higher education where the personality and capacities of the students are
developed to the utmost by teachers who should themselves be at work at the frontiers of
knowledge in their respective fields. The
success of a university is to be judged as much by the type of graduate it turns out as by
the amount and quality of research contributed by its teachers and research students. It
must be clearly recognized that there is no conflict involved between the twofold function
of a university to educate its members and to advance the frontiers of knowledge - the two
functions are, in fact, complementary. Unless
high standards of teaching and examinations are maintained, research will suffer, since
research can continue uninterruptedly only if there is a regular supply of graduates well
prepared by general education for specialized research work. On the other hand, if
research is neglected by teachers, their teaching will lack vitality and will rapidly
become stale. A degree must always be what a
university makes it by the kind of teaching it imparts and the type of intellectual and
social life it provides for its members. If
our universities are to be the makers of future leaders of thought and action in the
country, as they should be, our degrees must connote a high standard of scholarly
achievement in our graduates. The
Commission noted that many of the Universities did not compare favourably with the best of
British and American universities in respect of their teaching and examination standards.
Unless highest standards of teaching in the Universities are ensured, the degree given by
them will not command recognition and respect. The
Commission observed: “...........Our
universities should maintain the academic character of their work on a level recognized as
adequate by the universities of other countries. Universities
are our national institutions, and to keep up our national prestige, our degrees must be
such as to command international recognition..........” 15. The Government of India constituted a Committee in
December, 1961 to consider broadly the organizational structure of the Universities in
India and to prepare the outline of a “Model Act" suited to their role and
functions of which Dr. D.S. Kothari, Chairman, UGC was the Chairman and several other
persons who were either Vice-Chancellors of Universities or were connected with the field
of education were members. In the concluding
part of the First Chapter, the Committee noted as under: “.......The
function of the university is not only to preserve, disseminate and advance knowledge but
also to furnish intellectual leadership and moral tone to society. No less important is the role of universities in
promoting national integration and a common culture, and in bringing about the social
transformation that is desired. Finally,
universities have also to provide trained personnel to advance the country’s
prosperity by making full use of modern knowledge. The organizational pattern must enable
the universities to achieve these objectives.” These reports prepared by
most learned and eminent educationists in post independence era highlight the primary
function of the Universities viz. teaching and research and to provide trained and
qualified personnel for the progress of the nation. 16.
Though incorporation of a University as a legislative head is a State subject
(Entry 32 List II) but basically University is an institution for higher education and
research. Entry 66 of List I is coordination and determination of standards in
institutions for higher education or research and scientific and technical institutions.
There can thus be a clash between the powers of the State and that of the “...............Power
of the State to legislate in respect of education including Universities must to the
extent to which it is entrusted to the Union Parliament, whether such power is exercised
or not, be deemed to be restricted. If a
subject of legislation is covered by items 63 to 66 even if it otherwise falls within the
larger field of “education including
Universities” power to legislate on that subject must lie with the Parliament.
…………………………..Item 11 of List II and item
66 of List I must be harmoniously construed. The two entries undoubtedly overlap; but to
the extent of overlapping, the power conferred by item 66 List I must prevail over the
power of the State under item 11 of List II. It
is manifest that the excluded heads deal primarily with education in institutions of
national or special importance and institutions of higher education including research,
sciences, technology and vocational training of labour. The
following observations in paras 24 and 25 highlight the supremacy of legislation made by
the Parliament with reference to Entry 66: “24. ............. The validity of the State legislation
on University education and as regards the education in technical and scientific
institutions not falling within Entry 64 of List I would have to be judged having regard
to whether it impinges on the field reserved for the Union under Entry 66. In other words,
the validity of State legislation would depend upon whether it prejudicially affects
co-ordination and determination of standards, but not upon the existence of some definite
Union legislation directed to achieve that purpose. If
there be Union legislation in respect of co-ordination and determination of standards,
that would have paramountcy over the State law by virtue of the first part of Ar.254(1);
even if that power be not exercised by the Union Parliament the relevant legislative
entries being in the exclusive lists, a State law trenching upon the Union field would
still be invalid.
25.
............. Item No.66 is a legislative head and in interpreting it, unless it is
expressly or of necessity found conditioned by the words used therein, a narrow or
restricted interpretation will not be put upon the generality of the words. Power to
legislate on a subject should normally be held to extend to all ancillary or subsidiary
matters which can fairly and reasonably be said to be comprehended in that subject. Again
there is nothing either in item 66 or elsewhere in the Constitution which supports the
submission ‘that the expression “co-ordination” must mean in the context in
which it is used merely evaluation, co-ordination in its normal connotation means
harmonizing or bringing into proper relation in which all the things co-ordinated
participate in a common pattern of action. The power to co-ordinate, therefore, is not
merely power to evaluate, it is a power to harmonize or secure relationship for concerted
action. The power conferred by item 66 List I is not conditioned by the existence of a
state of emergency or unequal standards calling for the exercise of the power.” 17. The same question was also examined in considerable
detail in State of Tamil Nadu & Anr. v. Adhiyaman Educational and Research Institute
1995 (4) SCC 104 and the conclusions drawn were summarized in para 41 of the reports and
sub-paras (i) and (ii) thereof are being reproduced below: (i) The expression
‘coordination’ used in Entry 66 of the Union List of the Seventh Schedule to the
Constitution does not merely mean evaluation. It means harmonisation with a view to forge
a uniform pattern for a concerted action according to a certain design, scheme or plan of
development. It, therefore, includes action not only for removal of disparities in
standards but also for preventing the occurrence of such disparities. It would, therefore,
also include power to do all things which are necessary to prevent what would make
‘coordination’ either impossible or difficult. This power is absolute and
unconditional and in the absence of the valid compelling reasons, it must be given its
full effect according to its plain and express intention. (ii) To the extent that the State
legislation is in conflict with the Central legislation though the former is purported to
have been made under Entry 25 of the Concurrent List but in effect encroaches upon
legislation including subordinate legislation made by the Centre under Entry 25 of the
Concurrent List or to give effect to Entry 66 of the Union List, it would be void and
inoperative. 18. In “14.
Entry 25 List III relating to education including technical education, medical education
and universities has been made subject to the power of Parliament to legislate under
Entries 63 to 66 of List 1. Entry 66 List I
and Entry 25 List III should, therefore, be read together.
Entry 66 gives power to 19. The interplay of Entry 66 List I and Entry 25 List
III was again examined by a Constitution Bench in Dr. Preeti Srivastava & Anr. v.
State of 20. The consistent and settled view of this Court,
therefore, is that in spite of incorporation of Universities as a legislative head being
in the State List, the whole gamut of the University which will include teaching, quality
of education being imparted, curriculum, standard of examination and evaluation and also
research activity being carried on will not come within the purview of the State
legislature on account of a specific Entry on co-ordination and determination of standards
in institutions for higher education or research and scientific and technical education
being in the Union List for which the Parliament alone is competent. It is the responsibility of the Parliament to
ensure that proper standards are maintain in institutions for higher education or research
throughout the country and also uniformity in standards is maintained. 21. In order to achieve the aforesaid purpose, the
Parliament has enacted the University Grants Commission Act.
First para of the Statement of Objects and Reasons of the University Grants
Commission Act, 1956 (for short “UGC Act”) is illustrative and consequently it
is being reproduced below: “The
Constitution of India vests Parliament with exclusive authority in regard to
‘co-ordination and determination of standards in institutions for higher education or
research and scientific and technical institutions’.
It is obvious that neither co-ordination nor determination of standards is possible
unless the Central Government has some voice in the determination of standards of teaching
and examination in Universities, both old and new. It
is also necessary to ensure that the available resources are utilized to the best possible
effect. The problem has become more acute
recently on account of the tendency to multiply Universities. The need for a properly constituted Commission for
determining and allocating to Universities funds made available by the Central Government
has also become more urgent on this account. In the
second para it is said that the Commission will also have the power to recommend to any
University the measures necessary for the reform and improvement of University education
and to advise the University concerned upon the action to be taken for the purpose of
implementing such recommendation. The
Commission will act as an expert body to advise the Central Government on problems
connected with the co ordination of facilities and maintenance of standards in
Universities. 22. The preamble of the UGC Act says - an Act to make
provision for the coordination and determination of standards in Universities and for that
purpose to establish a. University Grants Commission. Section 2(f) of this Act defines a
University and it means a University established or incorporated by or under a Central
Act, a Provincial Act or a State Act and includes any such institution as may, in
consultation with the University concerned, be recognized by the Commission in accordance
with the regulations made in this behalf under this Act.
Clause 12 provides that it shall be the general duty of the Commission to
take, in consultation with the Universities or other bodies concerned, all such steps as
it may think fit for the promotion and co-ordination of University education and
determination and maintenance of standards of teaching, examination and research in
Universities, and for the purpose of its functions under the Act, the Commission may do
all such acts enumerated in sub-sections (a) to (j) thereof. Sections 22 and 23 are
important and are being reproduced below: 22. Right
to confer degrees - (1) The right of conferring or granting degree shall be exercised only
by a University established or incorporated by or under a Central Act, a Provincial Act or
a State Act or an institution deemed to be a University under section 3 or an institution
specially empowered by an Act of Parliament to confer or grant degrees. (2) Save as
provided in sub-section (1), no person or authority shall confer, or grant, or hold
himself or itself out as entitled to confer or grant any degree. (3) For
the purpose of this section, “degree means any such degree as may, with the previous
approval of the Central Government, be specified in this behalf by the Commission by
notification in the Official Gazette.” 23. Prohibition of the use of the word
“University” in certain cases - 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: Provided that nothing in
this section shall, for a period of two years from the commencement of this Act, apply to
an institution which immediately before such commencement had the word
“University” associated with its name. 23. It is important to
note that in view of Section 22 of UGC Act, the right of conferring or granting degree can
be exercised only by University or an institution deemed to be University under Section 3
of the aforesaid Act or institution especially empowered by an Act of Parliament to confer
or grant degrees. What is a “degree” and what it connotes is not given in the
UGC Act but the meaning of the word as given in dictionaries and standard books is as
under: Webster’s
Third New
A title conferred upon International Dictionary:
students by a college, univer-
sity, or professional school upon
completion of a
unified programme of study carrying a
specified minimum of credits, passing of certain examina- tions, and often completion of a
thesis or other independent research project.
2. A grade or class of membership
attained in a ritualistic order or society denoting a stage of proficiency often after a
set ordeal or examination.
Wharton’s
Law Lexicon : The
state of a person, as to be a barrister-at-law, or to be a Bachelor or Master or Arts or a
University. Chambers’s
Twentieth :
A mark of distinction conferred Century Dictionary by universities, whether earned
by examination or granted as a
mark of honour. P.
Ramanatha Aiyar : A
mark of distinction conferred Law Lexicon (2nd Ed) upon a
student for proficiency in some art or science; University diploma of specified proficiency.
Encyclopedia “DEGREE” -
the title conferred by a college or university, signifying that a certain step or grade
has been attained in an area of learning. The award of a diploma conferring the
bachelor’s degree marks completion of undergraduate study. The master’s and
doctor’s degrees reward graduate study. Other
degrees constitute evidence of preparation for professional work - the M.D. (doctor of
medicine) for example. In the 20th century,
however, the M.A. is granted in American universities and in those of England and the
Commonwealth of Nations (apart from Oxford and Cambridge) on the basis of study beyond the
B.A. and the presentation (usually) of a thesis. An
exception is The New Encyclopedia
Britannica “Degree” -
in education, any of several titles conferred by colleges and universities to indicate the
extent of academic achievement. The hierarchy of degrees, dating from the 13th century,
once resembled the medieval guild system. In the A
degree conferred by a University is a proof of the fact that a person has studied a course
of a particular higher level and has successfully passed the examination certifying his
proficiency in the said subject of study to such level.
In the case of a Doctorate degree, it certifies that the holder of the
degree has attained a high level of knowledge and study in the concerned subject by doing
some original research work. A University degree confers a kind of a status upon a person
like a graduate or a post-graduate. Those who
have done research work and have obtained a Ph.D., D.Lit., or D.Sc. degree become entitled
to write the word “Doctor” before their name and command certain amount of
respect in society as educated and knowledgeable persons.
That apart the principal advantage of holding a University degree is in the
matter of employment, where a minimum qualification like a graduate, post-graduate or a
professional degree from a recognized institute is prescribed. Even for those who do not want to take up a job and
want to remain in private profession like a doctor or lawyer, registration with Medical
Council or Bar Council is necessary for which purpose a degree in medicine or law, as the
case may be, from an institution recognized by the said bodies is essential. An academic
degree is, therefore, of great significance and value for the holder thereof and goes a
long way in shaping his future. The interest of society also requires that the holder of
an academic degree must possess the requisite proficiency and expertise in the subject
which the degree certifies. 24. Mere conferment of
degree is not enough. What is necessary is that the degree should be recognized. It is for this purpose that the right to confer
degree has been given under Section 22 of UGC Act only to a University established or
incorporated by or under a Central Act, Provincial Act or State Act or an institution
deemed to be a University under Section 3 or an institution specially empowered by an Act
of Parliament to confer or grant degrees. Sub-section (3) of this Section provides that
“degree” means any such degree as may, with the previous approval of the Central
Government, be specified in this behalf by the Commission by notification in the Official
Gazette. The value and importance of such degrees which are recognized by Government was
pointed out by a Constitution Bench in Azeez Basha v. Union of India AIR 1968 SC 662. 25. Having seen what is the concept of a University and
what is the value of a degree awarded by it, the Scheme and the provisions of the impugned
Act may now be examined. The Preamble of the
Act says that it is an Act to provide for establishment of self financed private
Universities for imparting Higher Education and to regulate their functions and for
matters connected therewith or incidental thereto. Some of the provisions of the Act which
have a bearing on the controversy involved are being reproduced below: Section 2. In this Adhiniyam, unless the context otherwise
requires - (a) “Ordinance”
means an Ordinance of the University; (b) “Sponsoring
Body” in relation to a University means- (i) a Society registered under the
Madhya Pradesh Societies Registrikaran Adhiniyam,
1973 (No. 44 of 1973) (ii) any Public Trust; or (iii) a Company registered under Section 25 of the
Companies Act, 1956 (No.1 of 1956); (c) “Statute”
means a Statute of the University; (d)
“University” means a University established under sub-section (1) of Section 5. 3. The objects of the
University shall be- 1. to provide
instructions, teaching and training in Higher Education and make provisions for research,
advancement and dissemination of knowledge; 2. to create higher
levels of intellectual abilities; 3. to establish state of
the art facilities for education and training; 4. to carry out teaching and
research and offer continuing education programmes; 5.
to create centres of excellence for research and development and for sharing
knowledge and its application; 6.
to provide consultancy to the industry and public organizations; 7.
to establish main campus in Chhattisgarh and to have study centres at different
places in 8.
to establish examination centres; 9. to institute degrees,
diplomas, certificates and other academic distinctions on the basis of examination, or any
other method of evaluation; 10. to pursue any other objective as
may be approved by the State Government; 11. to ensure that the standard of the degrees,
diplomas, certificates and other academic distinctions are not lower than those laid down
by AlCTE/NCTE/UGC/MCI and Pharmacy Council etc; 4. (1) An application
containing the Project Report to establish A University for carrying out any or all of the
objects enumerated in section 3 of this Adhiniyam shall be made to the State Government by
the Sponsoring Body along with such fee as may be prescribed.
(2) The Project Report shall contain the following
particulars, namely - (a) the objects of the University
along with the details of the Sponsoring Body; (b) the extent and the status of the
University and the availability of land; (c) the nature and the type of
programmes of study and research to be undertaken in the University during a period not
less than the next five years; (d) the nature of faculties, courses of
study and research proposed to be started; (e) the campus development such as
building, equipment and structural amenities; (f) the
phased outlays of capital expenditure for a period not less than the next five years; (g) the item-wise recurring
expenditure, sources of finance and estimated expenditure for each student; (h) the scheme for mobilizing
resources and the cost of capital thereto and the manner of repayments to the Sponsoring
Body and other sources; (i) the
scheme for the generation of funds internally through the recovery of fee from students,
revenues anticipated from consultancy and other activities relating to the objects of the
University, and other anticipated incomes; (j) the details of expenditure
on unit cost and the extent of concessions or rebates in fee or freeship and scholarship
for students belonging to the Scheduled Tribes and Scheduled Castes, belonging to
economically weaker sections” in lieu of land grants if any, from the State
Government, subject to the condition that the number of students getting concessions and
freeships or scholarships shall not be less than twenty two and one half percent of the
total number of seats. The proposed fee structure shall also indicate the rationale for
the varying rates of fee that would be levied on non resident Indians and students of
other nationalities; (k) the years of experience and
expertise in the concerned disciplines at the command of the Sponsoring Body as well as
the financial resources; (l) the system to select
students for admission to the courses of study at the University; (m) such other details as may be prescribed
by rules framed under this Adhiniyam. (3) The State Government, on receipt
of the Project Report shall make such enquiry as it may deem necessary within forty five
days from the date of submission of the Project Report. (4) If the State
Government is satisfied with the proposal to establish the University, it may, subject to
such conditions as may be specified, accord the sanction for the same. 5. (1) The State Government may
by notification in the Gazette establish a University by such name and with such
jurisdiction and location of campus as may be specified therein having regard to - (a) the desirability to
establish a University; (b) recognition or authorization as may be
required under any other law for the time being in force to conduct the syllabus and to
grant degrees or diplomas or awards. (2) Every notification issued under
sub-section (1) shall be laid on the table of the Legislative Assembly. 6. (1) Every
University established under sub-section (1) of section 5 shall be a body corporate by the
name notified under the said section having perpetual succession and a common seal, and
may sue and be sued by the said name. (2) the
University established under sub-section (1) of section 5 may, with the prior approval of
the State Government, affiliate any College or other institution or set up more than one
campus.” Section 9 provides that
the University shall not be entitled to receive any grant or other financial assistance
from the Central Government, State Government or any other authority except for meeting
any amount towards the fee payable by students belonging to socially disadvantaged or
weaker sections of society or for conducting any study for research purposes, etc. 26. Section 3 of the Act enumerates the objects of the
University. Sub-section (1) of Section 4
provides that an application containing the Project Report to establish a University for
carrying out any or all of the objects enumerated in Section 3 of the Act shall be made to
the State Government by the sponsoring body. Sub-section (2) of Section 4 provides that
the Project Report shall contain the particulars which have been enumerated from clauses
(a) to (m) in the said Sub-section. The
Project Report is to merely indicate the availability of the land and also the details of
the Scheme for mobilization of resources and generation of funds. The Project Report is in the nature of a proposal
where some details have to be furnished regarding the type of courses of study and
research to be undertaken in the University during the period not less than next five
years, the nature of faculty and courses of study proposed to be started, the campus
development such as building, equipment and structural amenities proposed to be made and
phased outlays of the capital expenditure for a period not less than next five years. Sub-section (3) says that the State Government on
receipt of the Project Report shall make such enquiry as it may deem necessary within 45
days from the date of submission of the Project Report.
Sub-section (4) says that if the State Government is satisfied with the
proposal to establish the University, it may, subject to such conditions as may be
specified, accord sanction for the same. Therefore,
the requirement of Section 4 is submission of an application containing Project Report
which will merely indicate availability of land and some proposals and schemes for
generation of funds and mobilization of resources and also proposal for development of
building etc. and courses of study proposed to be started.
It is this Project Report which merely contains some proposals and schemes
for future implementation which is accorded sanction by the State Government. Thereafter
comes Section 5 which says that the State Government may by notification in the Gazette
establish a University by such name and with such jurisdiction and location of campus, as
may be specified therein having regard to the desirability to establish a University. The
effect of these provisions is that a Project Report on paper only, which will merely be a
proposal or a scheme for doing something in future, will be notified as a University by
issuing a notification to that effect in the Gazette.
Sub-section (l) of Section 6 confers some kind of a juristic personality on
the University so created by notification in the Gazette which in substance and reality is
a Project Report by saying that the University so established shall be a body corporate by
the name notified having perpetual succession and a common seal and may sue and be sued by
the said name. Sub-section (2) of Section 6
confers a very wide power on the University so created to affiliate any college or other
institutions or set up more than one campus with the approval of the State Government. 27. The State Legislature is undoubtedly empowered to
legislate and make an enactment for incorporation and establishment of Universities in
view of Entry 32 of List II and Entry 25 of List III.
The “University” as a topic of legislation has not been introduced
for the first time in the Seventh Schedule of the Constitution but was already there in
the Government of India Act, where Entry 13 of List I related to Banaras Hindu University
and Aligarh Muslim University and Entry 17 of List II was education including Universities
other than those specified in Entry 13 of List I. The
framers of the Constitution had the same concept of “University” in their mind
as was there in the Government of India Act when they made the relevant entries in the
Seventh Schedule of the Constitution. Keeping in view the principles of legislative
practice, the word “University” should be given the same meaning as it was
generally understood at the relevant time having due regard to what is ordinarily treated
as embraced within that topic or subject. 28. As shown earlier, University is a whole body of
teachers and scholars engaged at a particular place in giving and receiving instructions
in higher branches of learning: and as such persons associated together as a society or
corporate body, with definite organization and acknowledged powers and privileges and
fanning an institution fur promotion of education in higher or more important branches of
learning and also the colleges, building and other property belonging to such body. Other necessary attributes of University are
plurality of teachers teaching more than one higher faculties and other facilities for
imparting instructions and research, provision for residence and must have certain
standard of instructions providing for graduate and post-graduate levels of study. It pre-supposes existence of a campus, classrooms,
lecture theatres, libraries, laboratories, offices, besides some playgrounds and also
sport facility for overall development of personality of the students. However, under the provisions of the impugned Act,
a proposal which is on paper and merely gives some kind of a plan or scheme to be done in
future is notified as a University. When the Constitution has conferred power on the State
to legislate on incorporation of University, any Act providing for establishment of the
University must make such provisions that only an institution in the sense of University
as it is generally understood with all the infrastructural facilities, where teaching and
research on wide range of subjects and of a particular level are actually done, acquires
the status of a University. The impugned Act
does not at all establish a University, yet by issuing a notification conferring the legal
status of a University to a Project Report (which is on paper only) bestows upon it a
right to confer a degree, which right it gets by virtue of Section 22 of the UGC Act. The
manner in which a University is notified by issuance of a Gazette notification under
Section 5 and conferment of a juristic personality under Section 6 of the Act is clearly
contrary to the constitutional scheme and is not contemplated by Article 246 of the
Constitution. 29. The State Legislature can make an enactment
providing for incorporation of Universities under Entry 32 of List II and also generally
for Universities under Entry 25 of List III. The subject “University” as a
legislative head must be interpreted in the same manner as it is generally or commonly
understood, namely, with proper facilities for teaching of higher level and continuing
research activity. An enactment which simply
clothes a proposal submitted by a sponsoring body or the sponsoring body itself with the
juristic personality of a University so as to take advantage of Section 22 of UGC Act and
thereby acquires the right of conferring or granting academic degrees but without having
any infrastructure or teaching facility for higher studies or facility for research is not
contemplated by either of these Entries. Sections 5 and 6 of the impugned enactment are,
therefore, wholly ultra vires being a fraud on the Constitution. 30. Entry 66 which deals with co-ordination and
determination of standard in institutions for higher education or research and scientific
and technical institutions is in Union List and the Parliament alone has the legislative
competence to legislate on the said topic. The University Grants Commission Act has been
made with reference to Entry 66 (See Prem Chand Jain v. R.K. Chhabra 1984 (2) SCR 883 and
Osmania University Teachers Association v. State of Andhra Pradesh 1987 (4) SCC 671). The Act has been enacted to ensure that there is
co-ordination and determination of standards in Universities, which are institutions of
higher learning, by a body created by the Central Government. It is the duty and responsibility of the University
Grants Commission, which is established by Section 4 of the UGC Act, to determine and
coordinate the standard of teaching curriculum and also level of examination in various
Universities in the country. In order to
achieve the aforesaid objectives, the role of UGC comes at the threshold. The course of study, its nature and volume, has to
be ascertained and determined before the commencement of academic session. Proper standard
of teaching cannot be achieved unless there are adequate infrastructural facilities in the
campus like classrooms, libraries, laboratories, well-equipped teaching staff of requisite
caliber and a proper student-teacher ratio. For
this purpose, the Central Government has made a number of Rules in exercise of powers
conferred by Section 25 of UGC Act and the Commission has also made Regulations in
exercise of power conferred by Section 26 of the UGC Act and to mention a few, UGC
Inspection of Universities Rules, 1960, UGC Regulations 1985 regarding the Minimum
Standards of Instructions for the Grant of the First Degree, UGC Regulations, 1991
regarding Minimum Qualifications for Appointment of Teachers in Universities and Colleges,
etc. The UGC with the approval of the Central Government and exercising power under
Section 22(3) of the UGC Act has issued a schedule of degrees which may be awarded by the
Universities. The impugned Act which enables a proposal on paper only to be notified as a
University and thereby conferring the power upon such University under Section 22 of the
UGC Act to confer degrees has the effect of completely stultifying the functioning of the
University Grants Commission in so far as these Universities are concerned. Such incorporation of a University makes it
impossible for the UGC to perform its duties and responsibilities of ensuring
co-ordination and determination of standards. In absence of any campus and other
infrastructural facilities, the UGC cannot take any measures whatsoever to ensure a proper
syllabus, level of teaching, standard of examination and evaluation of academic
achievement of the students or even to ensure that the students have undergone the course
of study for the prescribed period before the degree is awarded to them. 31. The inter se evaluation of merit of candidates is
often required to be done while making selection for some higher or specialized course of
study or in the matter of employment. One of the important functions to be performed by
the UGC is co-ordination and determination of standards in institutions for higher
education so that some kind of uniformity is maintained in level of teaching and
examination and also award of degrees by various Universities. The impugned enactment,
however, enables a sponsoring body, without having any kind of teaching facility to award
degrees. In view of clauses (8) and (9) of Section 3 of the Act, a University can be
established only to establish examination centres or just to institute degrees, diplomas,
certificates and other academic distinctions on the basis of examination or any other
method of evaluation anywhere and without any pre-determined standards. The possibility
that such Universities which award degrees without having any teaching facility and
without imparting any education will do so only for the purpose of making money is writ
large. The fact that the amendments made in
the Act in 2004 (referred to later in paragraph 34 of the judgment) making it mandatory to
create an endowment fund of Rs.2 crores and having provision of 15 acres of land have been
challenged by many Universities speaks volumes of their intention. Preparing a Project
Report on paper is not a difficult job and any number of sponsoring bodies can be created
or formed in order to take advantage of the easy opportunity made available by the
impugned Act. Persons with absolutely no
knowledge in the subject may be awarded high degrees or other distinctions like a Ph.D.,
D.Lit., or D.Sc. This is bound to create havoc with the system of higher education in the
country and would result in nullifying the main object for which University Grants
Commission has been established and would render many provisions of the UGC Act unworkable
and otiose. 32. Any State legislation which stultifies or sets at
naught an enactment validly made by Parliament would be wholly ultra vires. We are fortified in our view by a Constitutional
Bench decision in R. Chitralekha v. State of Mysore AIR 1964 SC 1823 where power of the
State under Entry 11 List II (as it then existed), and Entry 25 List III qua Entry 66
List-I came up for consideration. Subba Rao,
J. after quoting the following passage from “The
State has the power to prescribe the syllabi and courses of study in the institutions
named in Entry 66 (but not falling within entries 63 to 65) and as an incident thereof it
has the power to indicate the medium in which instruction should be imparted.. But the
Union Parliament has an overriding legislative power to ensure that the syllabi and
courses of study prescribed and the medium selected do not impair standards of education
or render the coordination of such standards either on an All India or other basis
impossible or even difficult” enunciated the following
principle defining the contours of the legislative powers of States vis-a.-vis “This
and similar other passages indicate that if the law made by the State by virtue of entry
11 of List II of the Seventh Schedule to the Constitution makes impossible or difficult
the exercise of the legislative power of the Parliament under the entry
“Co-ordination and determination of standards in institutions for higher education or
research and scientific and technical institutions” reserved to the Union, the State
law may be bad. This cannot obviously be decided on speculative and hypothetical
reasoning. If the import of the State law providing for such standards on entry 66 of List
I is so heavy or devastating as to wipe out or appreciably abridge the central field, it
may be struck down. But that is a question of
fact to be ascertained in each case. . . . . . . . . . . . ..” The
whole scheme of the impugned Act, especially the effect of Sections 4, 5, 6 thereof and
the result which it has led to in notifying as many as 112 Universities within a short
span of one year on the basis of proposals made on paper with many or most of them having
almost zero infrastructural facilities clearly shows that the relevant provisions of the
Act have completely stultified the power of the Parliament under Entry 66 to make
provision for co-ordination and determination of standards in institutions for higher
education like Universities, the provisions of the UGC Act and also the functioning of
University Grants Commission. Sections 5 and 6
of the impugned Act are, therefore, wholly ultra vires the Constitution of India
and are liable to be struck down. 33. Dr. Dhawan, learned
senior counsel for the petitioners in Writ Petition No.19 of 2004, has also pointed out
certain other infirmities in the impugned Act. Section 4 provides that a University may be
established for carrying out “any or all” of the objectives enumerated in
Section 3 of the Adhiniyam. The objectives mentioned in clauses (1) to (5) are the normal
objectives of a University. However, a University cannot be established only to provide
consultancy to the industry and public organizations [clause (6)] or to establish
examination centres [clause (8)] or to institute degrees, diplomas, certificates and other
academic distinctions on the basis of examination or any other method of evaluation
[clause (9)]. Since sub-section (1) of Section
4 uses the expression “for carrying out any or all of the objects”, it is
obvious that a University can be established only for anyone of the aforesaid objectives.
This is clearly, a colourable piece of legislation being beyond the legislative competence
of the State legislature as the relevant entries in List II and List III of Seventh
Schedule of the Constitution do not contemplate creation or establishment of such kind of
a University. 34. The Act was amended by the Chhattisgarh Niji Kshetra
Vishwavidyalaya (Sthapana Aur Viniyaman) Sansodhan Adhiniyam, 2004 (hereinafter called
“the amending Act”), which was published in the Gazette on 17.3.2004. By this amending Act some provisions were
substituted and some new provisions were added. Clauses (e) and (j) inserted in Section 2
read as under: (e) “main
campus” means the campus of the university where main office of the university is
situated and where the Vice-Chancellor and Registrar reside and where not less than three
University Teaching Departments/Schools of studies are located. (j) “Regulatory Commission”
means the Regulatory Commission established under the Adhiniyam.” Sections
4, 5,9 and 10 of the amending Act read as under: “4.
For Sub-sections (10) and (11) of Section 3 of the Principal Adhiniyam, the following
Sub-sections shall be substituted; namely: “(10)
To ensure that the standard of degrees, diplomas, certificates and other academic
distinctions are not lower than those laid down by AICTE, NCTE, UGC, MCI Pharmacy Council,
and such agency/agencies established by the Central Government for regulation of education
and the Regulatory Commission, and (11)
To pursue any other objective as may be approved by the Regulatory Commission.” 5.
For Sub-section (1) of Section 4 of the Principal Adhiniyam, the following
Sub-sections shall be substituted; namely: - “(1) (a) An application containing the Project Report to
establish a university for carrying out any or all the objectives enumerated in Section 3
of the Adhiniyam shall be made to the Regulatory Commission by Sponsoring Body alongwith
fee and such form as may be prescribed, at least one year before the date from which it
intends to start the university. (b) The Sponsoring Body shall submit
alongwith its application as per (a) above, (i) Proof of having established an
Endowment Fund of Rs.2 crore; (ii) Proof of being in possession of 15 acres
of land, in case the main campus is proposed to be established within the Municipal
Corporation Limits of Raipur, or 25 acres of land in case the main campus is proposed to
be established elsewhere in the State and in addition, if the land has been obtained on
lease, the period of lease should be at least 30 years. Incase, the Sponsoring Body does
not possess the required land it shall furnish proof of having deposited an additional sum
of Rs.2 crore in the manner prescribed. Withdrawals
out of this additional fund shall be permitted by the Regulatory Commission for the
purchase of land for the use of the University. Provided
that where the main campus of the University is proposed to be established in a Scheduled
Area of the State, only fifty percent of the amounts in (i) and (ii) above need to be
deposited. (c) The Endowment Fund shall be used
as security deposit to ensure that the University complies with the provisions of the
Adhiniyam and functions as per the provision of the Adhiniyam, the Statues and the Act.
The Regulatory Commission shall have the power to forfeit a part of whole of the Endowment
Fund, in case of non-compliance in the manner as may be prescribed. (d) The Endowment Fund shall be
invested in the manner as may be prescribed. (e) The Sponsoring Body shall be
permitted to use income from the Endowment Fund for the development of the University. (I-A) A University already established in the State under
the provisions of the Adhiniyam, shall comply with the provisions of clauses (b) to (e) of
Sub-section (1) of Section 4 above by 30th June, 2004 or else the Notification
issued by the Government under Sub-section (1) of Section 5 of the Adhiniyam shall be
liable to be cancelled on the recommendations of the Regulatory Commission. In the event of such de-notification of the
University, completion of courses, conduct of examinations, award of the degrees to the
students of the University may be assigned to another University in such a manner that the
interests of the students are not affected. Expenditure made in this behalf shall be made
good from the General Fund of the University concerned". 9. For Sub-section (1) of
Section 5 of the Principal Adhiniyam, the following shall be substituted; namely (1) (a) The State Government on receipt of
the advice of the Regulatory Commission under Sub-section (4) of Section 4 of the
Adhiniyam, may declare, by notification in official gazette, that the university is
established by such name and with such jurisdiction and location of main campus, from such
date as may be mentioned in the notification. (b) All such notification issued under
Sub-section (1) of Section 5 of the Adhiniyam prior to coming into force of the
Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Sansodhan Adhiniyam
2004, shall be included as Schedule - I of the Adhiniyam and hereafter, notification
issued regarding establishment of a University under the provisions of this Adhiniyam,
shall form part of the said Schedule - I in chronological order. (c) All the provisions of the
Adhiniyam shall apply to Universities included in Schedule I. 10. After Sub-section (2) of Section 6 of
the Principal Adhiniyam, the following shall be substituted; namely: - “(2) On its notification under Sub-section (1) of Section
5, the University shall establish its main campus in the State of Chhattisgarh on the land
referred to in Sub-section (1) of Section 4 and for that purpose shall create a built up
area of at least 25,000 Sq.ft. in the form of buildings and ancillary structures within a
period of 2 years from the date of such notification. In the case of Universities which
have already been notified before this Sansodhan Adhiniyam, the period of 2 years shall be
reckoned from the date of coming in force of this Sansodhan Adhiniyam. (3) All disputes arising as a result of the
provisions made in this Adhiniym shall be settled by a court of law located in the State
of Section
24 of the principal Act was also substituted by a new provision which provides for setting
up of a Regulatory Commission for the purpose of ensuring appropriate standards of
teaching, examinations, research, protection of the interests of the students and ensuring
reasonable service conditions of employees while University has full freedom to function.
The Regulatory Commission shall function under the general control of the Visitor and
shall consist of a Chairman, two full time and not exceeding two part-time members to be
appointed by the Visitor. Sub-section (9) of Section 24 provides that it shall be the duty
of the Regulatory Commission to take in consultation with the University and other bodies
concerned with regulatory functions of the higher education system in the country such as
UGC, AICTE, NCTE, MCI Pharmacy Council and such agency/agencies established by the Central
Government for regulation of education, or such steps, as it considers necessary for
determination and maintenance of standards of teaching, examination and research in the
University. 35. The amending Act of 2004 does not make any
appreciable change in the matter of issuing a notification for establishment of a
University. Under the amending Act, Regulatory Commission is to be established by the
Visitor (Governor). The application containing the Project Report shall be made to the
Regulatory Commission one year before the date from which it intends to start the
University along with proof of having established an endowment fund of Rs.2 crores which
shall be used as security deposit to ensure that the University complies with the
provisions and functions as per the provisions of the Act.
In addition proof of being in possession of 15 acres of land in case the
main campus is proposed to be established within the municipal corporation limits of 36. In exercise of power conferred by Section 26 of the
UGC Act, the University Grants Commission has made the UGC (Establishment of and
Maintenance of Standards in Private Universities) Regulations, 2003. The Regulations have been made with the object of
providing for a regulatory mechanism for establishment and operation of private
Universities and for safeguarding the interests of the student community with adequate
emphasis on the quality of education and to avoid commercialization of higher education
and also to maintain standards of teaching, research and examination. Regulation 1.2
provides that the same shall apply to every private University established by or
incorporated under a State Act, before or after the commencement of these Regulations.
Regulation 1.5 provides that any private University which has started functioning before
the commencement of these Regulation) shall ensure adherence to these Regulations within a
period of three months from the notification thereof and failure to comply with this
requirement shall render any degree/diploma awarded by a private University as unspecified
in terms of Section 22 (3) of the UGC Act and shall invite penalty under Section 24 of the
said Act. Regulations 3.1, 3.2, 3.6 and 3.7 are important and they are being reproduced
below: 3.1 Each private University shall be
established by a separate State Act and shall conform to the relevant provisions of the
UGC Act, 1956, as amended from time to time. 3.2 A private university shall be a unitary
university having adequate facilities for teaching, research, examination and extension
services. 3.6 The programmes of study leading to a
degree and/or a post-graduate degree/diploma offered by a private university shall conform
to the relevant regulations/norms of the UGC or the concerned statutory body as amended
from time to time. 3.7 A
private university shall provide all the relevant information relating to the first degree
and post-graduate degree/diploma programme(s) including the curriculum structure,
contents, teaching and learning process, examination and evaluation system and the
eligibility criteria for admission of students, to the UGC on a proforma prescribed by the
UGC prior to starting of these programmes. 37. Regulation 3.3 puts
restriction on establishment of a University outside the State. Regulation 5 provides
consequences of violation and lays down that if the Commission is satisfied that a private
University has, even after getting an opportunity to do so, failed to comply with the
provisions of any of the Regulations, the Commission may pass orders prohibiting the
private University from offering any course for award of the degree or diploma. Similarly,
the UGC is empowered to take action against a private University awarding first degree
and/or a post-graduate degree/diploma, which is not specified by the UGC and any private
University continuing such programme and awarding unspecified degree shall be liable for
penalty under Section 24 of the UGC Act. 38. Shri Amarendra
Sharan, learned Additional Solicitor General appearing for UGC, has submitted that Section
5(1) of the impugned Act which permits establishment of a University merely by an
executive action of issuing a notification in the Gazette is illegal. The University
Grants Commission Act, a law made by Parliament with reference to Entry 66 List I, having
empowered the UGC to make Regulations, any provision of an enactment made by the State
Legislature concerning higher education which is in conflict with the Regulations, would
be ultra vires, as held in sub-para (ii) of para 41 of State of Tamil Nadu v.
Adhiyaman Educational and Research Institute (supra). He has referred to Regulation 3.1 of
University Grants Commission (Establishment of and Maintenance of Standards in Private
Universities) Regulation, 2003 which lays down that each private University shall be
established by a separate State Act and shall conform to the relevant provisions of the
UGC Act, 1956 as amended from time to time. He
has also submitted that this Court had clearly ruled in Prem Chand Jain v. R.K. Chhabra
1984 (2) SCR 883, that a University established, by special legislation alone can have the
right to confer degrees, where while referring to Section 2(f) and 23 of the UGC Act it
was said as under: “………..The
word “established” or “incorporated” referred to Act under which
universities are established or incorporated. Several universities in this country have
been either established or incorporated under special statutes, such as the Delhi
University Act, the Banaras Hindu University Act, the Allahabad University Act etc. In
these cases, there is a special Act either of the Central or the Provincial or the State
legislature establishing and incorporating the particular universities. There is also
another pattern - where under one compendious Act several universities are either
established or incorporated - for instance, the Madhya Pradesh Universities Act, 1973. The
definition of university and provisions in S.23 of the Act refer to Acts of the Central,
Provincial or the State legislatures by which one or more universities are established or
incorporated and not to institutions incorporated under a general statute providing for
incorporation.
……….………………………..'Education
including universities’ was a State subject until by the 42nd Amendment of
the Constitution in 1976, that entry was omitted from the State list and, was taken into
entry 25 of the concurrent list. But as already pointed out the Act essentially intended
to make provisions for the coordination and determination of standards in universities and
that, as already indicated, is squarely covered under entry 66 of list I. While legislating for a purpose germane to the
subject covered by that entry and establishing a University Grants Commission, Parliament
considered it necessary, as a regulatory measure, to prohibit unauthorized conferment of
degrees and diplomas as. also use of the word ‘university’ by institution which
had not been either established or incorporated by special
legislation…………………………” In
view of Regulation 3.1, a private University can only be established either by a separate
Act or by one compendious Act where the legislature specifically provides for
establishment of the said University. Though
an attempt has been made in Section 5(1)(b) of the amended Act in this regard, but the
same does not conform to the Regulations inasmuch as the initial notification notifying in
the Official Gazette that the University is established, is done by the executive order
and not by any Act of legislature. 39. Shri Rakesh Dwivedi, learned senior counsel, who
appeared amicus curiae, has rightly submitted that though Entry 32 in List II is in
general terms dealing with “incorporation, regulation and winding up of corporations
other than those specified in List I and Universities”, but incorporation of a
company is entirely different from incorporation of a University and they are conceptually
different. Sections 3, 3(1)(i), 12, 13, 26, 33
and 34 of the Companies Act relate to incorporation of a Company. It need not have a prior business and a mere
statement of a lawful purpose in the Memorandum of Association is enough. If a Company is unable to achieve its objective and
is unable to carry on business, the shareholders may suffer some financial loss, but there
is absolutely no impact on society at large. However, a University once incorporated gets
a right to confer degrees. A University having no infrastructure or teaching facility of
any kind would still be in a position to confer degrees and thereby create a complete
chaos in the matter of co-ordination and maintenance of standards in higher studies which
would be highly detrimental for the whole nation. A University may, therefore, be
established either by the State in exercise of its sovereign power which would obviously
be through a legislative enactment. In the case of a private University it is necessary
that it should be a pre-established institution for higher education with all the
infrastructural facilities and qualities which may justify its claim for being conferred
with the status of a University and only such an institution can be conferred the legal
status and a juristic personality of a University. 40. Shri Rakesh Dwivedi has also submitted that insofar
as private Universities are concerned, the word “or” occurring in the expression
“established or incorporated” in Sections 2 (f), 22 and 23 of the UGC Act should
be read as “and”. He has submitted
that the normal meaning of the word "established” is to bring into existence and
in order to avoid the situation which has been created by the impugned enactment where
over 112 Universities have come into existence within a short period of one year of which
many do not have any kind of infrastructure or teaching facility, it will be in consonance
with the constitutional scheme that only after establishment of the basic requisites of a
University (classrooms, library, laboratory, offices and hostel facility etc.) that it
should be incorporated and conferred a juristic personality. The word “or” is
normally disjunctive and “and” is normally conjunctive but at times they-are
read vice-versa to give effect to the manifest intentions of the legislature, as disclosed
from the context. If literal reading of the
word produces an unintelligible or absurd result “and” may be read for
“or”, and “or” may be read for “and”. (See Principles of Statutory Interpretation by G.P.
Singh 7th ed. Page 339, and also State of Bombay v. RMD Chamarbaugwala AIR 1957
SC 699 at 709 and Mazagaon Dock v. CIT AIR 1958 SC 861).
We are of the opinion that having regard to the Constitutional scheme and in order
to ensure that the enactment made by the Parliament, namely University Grants Commission
Act is able to achieve the objective for which it has been made and the UGC is able to
perform its duties and responsibilities, and further that the State enactment does not
come in conflict with the central legislation and create any hindrance or obstacle in the
working of the later, it is necessary to read the expression “established or
incorporated” as “established and incorporated” insofar as the private
Universities are concerned. 41. Dr. Dhawan has also drawn the attention of the Court
to certain other provisions of the Act which have effect outside the State of 42. The amending Act of 2004 came into force on
17-3-2004. Section 4(1-A) which was inserted by this amendment provided that a University
already established in the State under the provisions of the Adhiniyam shall comply with
the provisions of clauses (b) to (e) of sub-section (1) of Section 4 by 30th
June, 2004 or else the notification issued by the Government under sub-section (1) of
Section 5 of the Adhiniyam shall be liable to be cancelled on the recommendations of the
Regulatory Commission. These provisions related to creation of an endowment fund of Rs.2
crores and requirement of land. It appears
that as many as 59 Universities were denotified as they did not comply with the
requirements of the aforesaid provision. Learned
State counsel made a statement that one more University was proposed to be denotified but
the same could not be done on account of an interim order of Court. Many of the private Universities have filed writ
petitions in this Court and also in the High Court of Chhattisgarh (which were later on
transferred to this Court) challenging the provisions of the amending Act. The main
challenge is regarding proof of being in possession of 15 acres of land in case the main
campus is proposed to be established within the municipal corporation limits of 43. Shri Ravi Shankar Prashad, learned senior counsel
for the State of 44. There is hardly any
merit in the submission raised. The impugned Act which enables only a proposal of a
sponsoring body to be notified as a University is not likely to attract private capital
and a University so notified cannot provide education of any kind much less of good
quality to a large body of students. What is
necessary is actual establishment of institutions having all the infrastructural
facilities and qualified teachers to teach there. Only such colleges or institutions which
impart quality education allure the best students. Until
such institutions are established which provide high level of teaching and other
facilities like well equipped libraries and laboratories and a good academic atmosphere,
good students would not be attracted. In the
current scenario, students are prepared to go to any corner of the country for getting
good education. What is necessary is a large
number of good colleges and institutions and not Universities without any teaching
facility but having the authority to confer degrees. If
good institutions are established for providing higher education, they can be conferred
the status of a deemed University by the Central Government in accordance with Section 3
of UGC Act or they can be affiliated to the already existing Universities. The impugned
Act has neither achieved nor is capable of achieving the object sought to be projected by
the learned counsel as it enables a proposal alone being notified as a University. 45. As a consequence of the discussion made and the
findings recorded that the provisions of Sections 5 and 6 of the Act are ultra vires
and the Gazette Notifications notifying the Universities are liable to be quashed, all
such Universities shall cease to exist. Shri
Amarendra Sharan, learned Additional Solicitor General has submitted that the UGC had
conducted an inquiry and it was found that most of the Universities were non-existent, but
the report was not placed before the Court as the complete exercise had not been done. Learned counsel for the Universities have seriously
disputed this fact and have submitted that the Universities are functioning. We have not
gone into this question as it is purely factual. In order to protect the interests of the
students who may be actually studying in the institutions established by such private
Universities, it is directed that the State Government may take appropriate measures to
have such institutions affiliated to the already existing State Universities in
Chhattisgarh. We are issuing this direction keeping in mind the interest of the students
and also Sections 33 and 34 of the Act, which contemplate dissolution of the sponsoring
body and liquidation of a University whereunder responsibility has to be assumed by the
State Government. It is, however, made clear
that the benefit of affiliation of an institution shall be extended only if it fulfills
the requisite norms and standards laid down for such purpose and not to every kind of
institution. Regarding technical, medical or
dental colleges, etc. affiliation may be accorded if they have been established after
fulfilling the prescribed criteria laid down by the All India Council of Technical
Education, Medical Council of India, Dental Council of India or any other statutory
authority and with their approval or sanction as prescribed by law. 46. In view of the
discussions made above, Writ Petition (C) No.19 of 2004 (Prof. Yashpal & Ors. v. State
of Chhattisgarh & Ors.) and Writ Petition (C) No.565 of 2003 (Gopalji Agarwal Vs.
Union of India & Ors.) are allowed and provisions of Section 5 and 6 of the
Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 are
declared to be ultra vires and are struck down. As a consequence of such declaration, all
notifications issued by the State Government in the Gazette in the purported exercise of
power under Section 5 of the aforesaid Act notifying the Universities (including
respondent nos.3 to 94) are quashed and such Universities shall cease to exist. If any institutions have been established by such
Universities, steps may be taken for their affiliation to already existing State
Universities in accordance with the direction contained in paragraph 45 above. Parties would be at liberty to approach the High
Court if any dispute arises in implementation of this direction. All Writ Petitions, Civil Appeals and Transferred
Cases filed by the private Universities are dismissed. 47. Before parting with the case, we would like to
place on record our appreciation of the valuable assistance rendered by Shri Rakesh
Dwivedi, who appeared on the Court’s request as an amicus curiae. ……..CJI (R. C. Lahoti) J (G. P.
Mathur) …………..………………………..J (P.K. Balasubramanyan) February 11, 2005
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
INDIA-UK ACADEMIC AND EDUCATIONAL NETWORK Applications are invited from leading Indian institutions undertaking research in Humanities and Social Sciences, who are in discussions with leading UK institutions to develop joint research projects to apply for grants. Ideally the Indian institution should be a Centre of Excellence or a department / university inducted by the UGC under ASIHSS Programme or Innovative programme or any other development project. The Indian institution should have established a linkage with a counterpart UK institution that has a very high research rating in the identified discipline. The activities likely to obtain support include developing research capabilities, support for UGC’s ongoing refresher training for teachers, post-doctoral researchers and academic staff who have been invited to deliver papers at international meetings, taking up attachments as visiting fellows, developing joint research programmes or other programmes of academic or educational collaboration. Applicants must demonstrate commitment from host institutions in India and the UK supporting the application. Grants for travel are designed to meet travel costs and contribute towards accommodation and subsistence but will not meet the full cost of visits. In summary, the initiative is looking to support: · Projects from academics with demonstrated capability in their individual disciplines, working in renowned and quality institutions in India · Should already have established relationship with institutions in UK ( this initiative is not meant to help develop contacts) · The initiative should result in tangible measurable benefit to both institutions in India and UK Applications may be made by 30 April 2006 for the year 1 April 2005 to 31 March 2006 and should be made by email in the enclosed format to Academiclinks@in.britishcouncil.org .
Please note:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
China Education Expo 2005 China Education Association for International Exchange which is under Ministry of Education organising their exhibition, China Education Expo 2005, being held in October, 2005. The Exhibition will be held in 5 cities. The participants can participate in any one or more cities. Details of the Association as well as the Expo may be accessed from the website: www.chinaeducationexpo.com |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Professional Development of Health Care The 45th Annual Science Week Conference on
"Professional Development of Health Care", Damascus University 21-24 November
2005. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||