09-03-2005, 01:08 PM
Since people are coming up with different opinions abt the supreme court ruling against private universities.. I would like to put forward some information that I have collected..
To impart a degree in India..one needs to be a university..it can be a govt university, deemed university or pvt. University. To get a university status one needs to have the constitutional validity..for that purpose either a state or the centre govt. can pass an act
In case of ICFAI its constitutional status is ratified by the state legislatures of Tripura, uttaranchal, sikkim. ..some people have misunderstood that they will now get degree from these state universities like university of tripura..its not like that…it just means that their university ICFAI exists by the virtue of an act passed by the Tripura legislature ….. the act is named something like Icfai university act , year of passing.
The general procedure of passing such acts is passing it for a specific university. But what happened in Chattisgarh is that they passed a single umbrella act for creation of any number of pvt universities. Competent authorities can just issue a notification and a university can be created..no need for passing an act.
The result of that act is abt 100 universities came up, they also didn’t follow the mandatory requirements like 2 crore endowment fund and 15 acre of land in raipur/25 acre of land elsewhere in chattisgarh. To avoid such misuse that act was quashed..closing the one room universities. For the full details of the petition filed by Prof. yashpal I am posting a link
http://www.academics-india.com/SC%20judgement.htm
but still there are problems.
One of them is .. can a state set up institutes outside their territory / in a different state.. some experts say that only central govt/parliament has the authority to pass such acts which includes setting up centres in different states. I am not very sure abt the ramifications of such standings
But if Icfai gets ratification from Andhra State legislature..that problem may be solved to some extent.
But take the case of IMT.
Reference page 7 of the IMT brochure…see the footnotes
Its MHRMCG and MIB degrees at Ghaziabad and MBA /MCA degrees at nagpur is provided by University of Burdwan(west Bengal).. that is clearly a west Bengal university affiliating a centre in uttar pradesh and Maharashtra.
I am not a legal expert .. so cant say that if it is the same thing like ICFAI or not...but u people are wise enough to read between the lines…one more observation….they have not mentioned if these programs are approved by AICTE or not.
Regarding AICTE approval ….even Indian School of Business, Hyderabad don’t have it . they are looking for International recognition from AACSB which ICFAI already has
Source::: from Business world..mega b-school guide ...2005 page 148
I would really feel obliged if law students/legal experts can substantiate or contradict any reasoning.