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UGC has relaxed the provisions contained in Clause 5.2 of the UGC [Institutions Deemed to be Universities] Regulations, 2010 relating to appointment of Chancellor  to allow President / Trustee/ promoter of the sponsoring Society/Trust/Company or  his/her close relative as its Chancellor.

Earlier, in the year 2010, UGC had notified UGC [Institutions Deemed to be Universities] Regulations, 2010. In the said Regulations, vide Clause 5, it had provided for Governance System of the Deemed University. Clause 5.2 of the Regulations, prescribed that Chancellor of the University apart from being an eminent educationist shall be person other than President of the Sponsoring Society or his / her close relatives, thereby separating the Sponsoring Body and Deemed University.

UGC, in its meeting held on 13th June 2014 while considering suggestion received from MHRD to amend UGC (Institutions Deemed to be Universities) Regulations, 2010, has relaxed the provisions contained in Clause 5.2 of the Regulations.

UGC has now resolved that Institutions Deemed to be Universities, which have been conferred that status for 25 years or more, and have a valid NAAC  Grade A accreditation and have also been given ‘A’ Grade by the Tandon Committee may be permitted relaxation to the provisions of clause 5.2 of the UGC Institutions Deemed to be University Regulations, 2010 to the extent that the sponsoring society/trust/company of such an Institution can also appoint the President/Trustee/promoter of the sponsoring Society/Trust/Company or his/her close relative as its Chancellor provided that such a person is an eminent educationist or a distinguished public figure. It has accordingly sought to amend the UGC (Institutions Deemed to be Universities) Regulations, 2010.

EduLegaL View:

While UGC is amending the Regulations to correct the errors done by it earlier, it cannot also loose sight of the fact that the UGC Deemed Universities Regulations, 2010 has been declared unconstitutional and invalid by Hon’ble Karnataka High Court, while deciding bunch of Petitions filed by several Deemed Universities. Similarly there is STATUS QUO as respect the said Regulations in favour of several Deemed Universities by order of Hon’ble Madras High Court.

It should reconsider several other provisions which encroach upon the fundamental right of Deemed Universities to establish and administer educational institutions, which grant them right to constitute governing body, admit students, lay down reasonable fee structure, appoint employees, etc.

On instruction of MHRD, it has again tried to re-enforce the TANDON COMMITTEE, which has been virtually put to naught by Hon’ble Apex Court

However, it is certainly a good start.

mail@edulegal.in

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