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During the pendency of the Writ Petition No: 142 of 2006 [Viplav Sharmas Case], MHRD had constituted the P N Tandon Committee which reviewed 126 deemed universities in 2009.

The Tandon Committee had categorized deemed universities into three groups. Group A with 38 was found to have satisfied the criteria to remain as deemed university, Group B, were found deficient in certain parameters and were granted 3 three years to rectify the deficiencies and Group C consisted of 44 deemed universities, which according to the Committee, did not deserve to continue as Deemed Universities. MHRD had accepted the recommendation of the Tandon Committee and had de-recognised the Universities in Group C.

The Hon’ble Supreme Court has now directed UGC to examine all the earlier Reports relating to C Category, invite Objections from the aggrieved Universities and take an independent decision in the matter, in accordance with law.

The Hon’ble Supreme Court while directing UGC to examine all the earlier reports, categorically observed that UGC, has been constituted under the UGC Act, to make provisions for the
coordination and determination of standards in Universities and none of the Reports were placed for the consideration of UGC.

UGC has been directed to submit the report within 2 months to the Central Government, which will take final decision by giving due weight to advice of the UGC.

EduLegaL View:

This Judgement has restored the originally manifested powers of UGC to make provisions for the coordination and determination of standards in Universities, which was unfortunately outsourced to Tandon Committee / Task Force by MHRD.

Though the Judgement while dealing with the vires of Tandon Committee has rightly questioned its constitution and report but relief of reassessment by UGC has been restricted to 44 Deemed Universities in C Category only, it would have been appropriate if opportunity for reassessment would have been granted to B Category University also, as the principal issue in the Litigation was TANDON COMMITTEE and the manner in which it was constituted and submitted its Report, which was equally applicable to all the 126 Deemed Universities in the same manner. / 

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