3

Dec

SC Order on  Private Universities a Significant Intervention

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A close-up of a person with glasses AI-generated content may be incorrect.Education, whether primary, secondary or higher, is determinant of what nation and people aspires to be But its commercialization particularly if it is unbridled and without a strict oversight is a crime and I am confident that no citizen who cars for the interest of the country and society will disagree with me.              

That is why, I welcome the Supreme Court’s order to inquire into the circumstances of setting up private universities, the benefits bestowed on them by the Centre and State Governments and the standard of monitoring of their functioning by the University Grants Commission (UGC).

Keeping the future of the young and growing population in sight, a Bench headed by Justice Ahsanuddin Amanullah sought the details from the Centre and States on the background and provisions of laws leading to the establishment of all private, non-government and deemed-to-be universities.

Now, the Centre, every state and Union Territory, along with the UGC, must file affidavits outlining the foundation, management, and operational specifics of such universities and to disclose steps taken to ensure that private universities make good their claim that they make good their promise to function on a ‘no profit, no loss’ basis.

In a searching question, the court asked as how and under what authority have the government(s) enforced this and ensured no diversion of funds towards anything unconnected with the educational institution, including salaries/expenses towards founders/family members and assets acquired by them?”

The origin of this move lies in the circumstances of Ayesha Jain. She reported: "Ayesha Jain alleged that after her name change—from Khushi Jain to Ayesha Jain—her university did not update records and denied her attendance, causing severe academic consequences." Jain’s difficulties highlight the prevalence of slow or ineffective grievance response systems within Indian higher education. She was represented by advocate Mohd. Fuzail Khan, against Amity University.

The article highlights concerns over the growing commercialization of education in India and welcomes the Supreme Court’s inquiry into the functioning of private and deemed universities. A Bench led by Justice Ahsanuddin Amanullah has asked the Centre, States, Union Territories, and the UGC to provide detailed affidavits on how these institutions were established, the benefits they received, their management structures, and the mechanisms ensuring they operate on a “no profit, no loss” basis.
Wednesday Wisdom
By Satish Misra
The probe was triggered by the case of Ayesha Jain, whose name-change issue exposed weak grievance systems in private universities. The Court also seeks information on admissions, staff recruitment, financial transparency, and grievance redressal for students and faculty. With strict accountability demanded from top officials, the investigation aims to ensure transparency, though concerns remain about resistance from powerful education lobbies.

Official documentation from the original proceedings adds: "Her petition stated that Amity University, Noida, did not update her name in official records and denied her attendance, causing loss of an academic year, reports Live Law." With the Supreme Court’s intervention, the investigation has expanded to all private, non-government, and deemed universities, demanding a higher degree of openness and direct accountability from administrators and regulatory bodies alike.

The apex court directed the court to disclose the sops granted by the governments, in the Centre or in the States, including the terms of allotment of land, preferential treatment and other ancillary benefits conferred on these private institutions.

“The government(s) should also furnish details of the memorandum of articles, aims and objectives of the societies and individuals running private universities.” The court order sought details, including their composition and mode of selection, of the managing committees or board of governors of these institutions.

Full details of the personnel connected with the establishment/management of such universities shall be placed on record, the order states and directs the UGC to disclose on oath its role vis-à-vis private institutions.

It is made clear that the affidavit by the UGC shall cover what the statute/policy mandates as also the actual mechanism to monitor/oversee compliance by the institutions.

The UGC’s details should cover the policy of admission of students, the process of recruitment of academic staff adopted by private universities and the regulatory checks that the government(s) have put in place to ensure that the terms and conditions were adhered strictly to. The court has also sought details from the Centre and States on the grievance redressal mechanisms in place, for students as well as faculty and staff in private universities. It has asked if minimum salaries as mandated by law are paid to them in these institutions.

The court has directed the Cabinet Secretary to the Government of India and all Chief Secretaries to the State Governments/Union Territory administrations to obtain and collate the information from Ministries and Departments functioning under their respective jurisdiction. The affidavits to be filed in court should be personally affirmed by them. The Chairman, UGC, would act likewise.

There shall not be any delegation of such filings. Further, responsibility for every disclosure and its correctness shall rest with the deponents concerned,” the Supreme Court stressed. The case was listed for hearing next on January 8, 2026.

While concerned citizens will anxiously look forward to further proceedings in the court and wait for the affidavits of the respondents, it will be interesting to watch as how private and deemed universities try to wriggle out of the probe that has been initiated by the top court.

    Let us not be very optimistic that the order of the one judge bench of the Supreme Court will not be diluted or organised effort by the private and powerful education lobby in the country will abide strictly as these so called academic institutions are money minting machines for them.

 Let us   keep  our fingers crossed and hoping against hope that the top court’s intervention proves to be a boon for the country’s future.  (Dr Satish Misra is a senior journalist and a seasoned political analyst. He has been a Senior Fellow at the Observer Research Foundation )        

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