Private universities can now go off-shore

Updated on: Friday, October 28, 2011

Attorney-general Goolam E Vahanvati has paved the way for private and state universities - set up by state legislatures - to establish off-shore campuses and off-campus centres. He said the regulations are not in conflict with the Supreme Court judgment in the Yashpal case.

Vahanvati's opinion is a stamp of approval for the UGC (Establishment and Maintenance of Standards in Private Universities) Regulations 2010, which has been awaiting legal nod since September last year. Regulations would also legalise campus of many private varsities that exist outside the state of their origin. Many applications for setting off-shore campus could also be considered by the HRD ministry. The AG cited stringent conditions of seeking the approval of the UGC and the RBI in setting off-campus centres and off-shore campuses. In an eight-page opinion, Vahanvati disagreed with the law ministry's view that the regulations are "in direct conflict with the law as laid down by the apex court in the case of Yashpal, therefore, if challenged, the proposed regulations may not withstand the judicial scrutiny".

Two contentious issues on which Vahanvati dwelt at length are: whether state universities public or private but established by the state legislature enjoy equal rights under the Constitution to set up off-campus centres and whether private universities established by state legislatures can be allowed to have off-shore campuses.

Vahanvati said observations of the SC in the Yashpal case "cannot be interpreted to mean that the central government is denuded of any power to permit off-shore campuses". He said, "SC judgment reaffirms and reiterates the importance of Entry 66 (of the Constitution) and the width and plentitude of the power of Parliament there under. Therefore the SC judgment cannot be read to dilute Parliamentary power. On the contrary, it affirms Parliament's pre-eminent position."

The AG said stringent conditions in the regulations are appropriate. Regulations put the condition that off-campus outside the state can be established subject to the condition that the university has been inspected by the UGC; there is provision under the Act of the university passed by the state or Central government; prior approval of statutory bodies of the university has been taken; no-objection certificate has been obtained from the state government and off-campus can be started five years after the varsity has started its academic activities.

Private universities can now go off-shore

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