Critical Analysis of UGC Regulations: Whether it is Ultra Vires or Not

Author(s): Prerna Chauhan and Dr. Ashok Kumar

Abstract:

The University Grant Commission (UGC) has played a crucial role in directing the universities or to the institutions of higher learning and education to manage the university grants and education standards. As it was formally established on December 28, 1953 before it there was no such commission exist in our statutory form at that time. Later, it became a statutory organization of Government of India as the University Grant Commission Act, 1956 those regulations which are exceeding the powers granted by the same act of 1956, in India it can be deemed ultra vires meaning ‘beyond the powers’. [1] Section 25 grants the Central Government rule making powers to implement the University Grant Commission Act’s objectives including member retirement procedure, disqualification Commission staff terms and others authorize matters.[2] Number of private universities were set up through States acts and an effective regulatory procedure is required to be followed for the proper maintenance of standard of teaching research, examination and for other services in such universities but such established universities started acting more the mentioned rules and regulations slowly and gradually.[3] Different Provisions are also mentioned for establishment of private universities which must have adequate facilities and it shall be operate mainly with the boundary of the state however the doctrine of ultra vires holds true for subordinate legislation like University Grant Commission regulations which goes beyond the parent statute's scope. [4]

keywords:
Ultra Vires, University Grants, Private University, University Grant Commission Regulations.

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