Deemed varsities question government power to derecognise
By IANSSunday, March 7, 2010
NEW DELHI - Privately-run deemed universities facing derecognition Monday challenged in the Supreme Court the central governments authority to strip them of their status.
Appearing for various deemed universities before a bench of Justice Dalveer Bhandari and Justice A.K. Patnaik, senior counsel K.K. Venugopal contended that the recognition accorded to them under a law made by parliament cannot be taken back by an executive order.
Venugopal said that the issues pertaining to recognition of an educational institution of excellence falls under the ambit of the University Grant Commission Act.
The government has no jurisdiction to set up task force to examine institution and the academic and physical infrastructure within it,” said Venugopal, adding that its against the mandate of the UGC Act.
“The whole procedure adopted by the government is without jurisdiction and illegal, he said.
Venugopal also pointed out to the apex court that the UGC had originally given the recognition to various institutions as ‘deemed university’ for five years and it was to review their performance after that.
But the government has decided to derecognise these institutions much before the stipulated period, said Venugopal.
One particular university was derecognized within 28 days.
Attorney General Goolam E. Vahanvati told the court that the government will not derecognise them without giving a hearing on the panels notice, seeking the stripping of their tag for want of proper educational environment and infrastructure.
The bench was hearing a lawsuit by advocate Viplaw Sharma, who questioned the governments stance in according deemed university status to increasing numbers of educational institutions.
The government earlier had appointed an expert panel to examine the functioning of these deemed universities.
The panel after probing the working of 126 deemed universities all over the country approved the tag for only 38, while saying that 44 other needs to be watched over the period of next three years and derecognising 44 others.
