Nariman: action against deemed varsities irrational

Updated on: Friday, August 06, 2010

Even as the Supreme Court has decided to examine the validity of the Tandon Committee constituted by the Human Resource Development Ministry, senior counsel Fali Nariman argued that the Centre's threatened action of withdrawal of recognition to 44 deemed universities, on the recommendations of the panel, is invalid in law.

The Professor Tandon Committee had recommended de-recognition as these institutions failed to meet prescribed standards, and said they would be affiliated to the respective State universities. Its report has been questioned by the universities concerned. A Bench of Justices Bhandari and Deepak Verma has been hearing petitions relating to the deemed universities since Tuesday.

Making his submissions on Thursday, Mr. Nariman said the proposed withdrawal/revocation of the deemed university status was not for breach of any of the conditions but only because these institutions were found not suitable for the status.

The committee did not take into consideration the report of an expert body constituted by the University Grants Commission on the basis of which the deemed university status was granted. Also, the parameters indicated by the Tandon report were at variance with the original terms of reference made to the committee. The least that was expected of the committee was that while seeking response from the universities concerned, the parameters ought to have been indicated so that each institution could come prepared during its presentation. But nothing was indicated in the communication sent to the deemed universities.

On the contention by Solicitor-General Gopal Subramaniam that when the government had the power to grant affiliation or recognition, it also had the power to de-recognise institutions which did not fulfil the criteria for deemed universities, Mr. Nariman said: “There is no residual executive power outside the UGC Act where recognition/de-recognition for breach of conditions is expressly provided for under Section 3.”

Pointing out that the constitution of the Tandon Committee was outside the scope of the UGC Act, Mr. Nariman said the threatened action was arbitrary and based on irrational considerations.

Earlier, Mr. Subramaniam brought to the court's notice the new guidelines put in place by the UGC for deemed universities and said these would have prospective operation.

Senior counsel K.K. Venugopal, appearing for the deemed universities, said the status could be withdrawn only pursuant to a statutorily conferred power, authorising such withdrawal and in accordance with statutory regulations. The right conferred on these universities could not be restricted by executive directions issued on the whims and fancies of the government. Each deemed university was given only 10 minutes to make a presentation and the committee came to its conclusions on nine parameters during this short period.

Nariman: action against deemed varsities irrational

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