In an unexpected event, the Supreme Court has widened a student’s grievance into a nationwide scrutiny of how private, non-government and deemed-to-be universities are founded, financed and governed across India.
Basically this order directs the Centre, every state and Union Territory, and the University Grants Commission (UGC) to file personally affirmed affidavits in which they need to detail the origins, governance structures, benefits received, compliance processes and functioning of all such universities in the country.
This is surprising as this is not routine paperwork and it’s a rare moment when the country’s highest court is asking governments questions that millions of students and parents have silently wondered for years.
Some of these are – Who runs these universities? How did they secure their land and permissions? Who checks if they follow their own rules? And what exactly happens to the money that students pay?
How Did This Happen?
The story began when a student — Ayesha Jain, previously known as Khushi Jain — approached the Supreme Court alleging harassment and academic disruption after she changed her name.
According to her petition, Amity University, Noida, did not update her name in official records and denied her attendance, causing loss of an academic year, reportedly.
Prior to this, the President of the Ritnand Balved Education Foundation (the trust behind Amity) and the Vice-Chancellor of Amity University were ordered by the Court to appear personally and submit affidavits.
In response they complied, but the Bench paused and reassessed the larger implications instead of concluding the issue.
Later on, the Court concluded that this case raised broader concerns about how such institutions operate, after reviewing the submissions.
Further they have prompted it to expand the inquiry to every private, non-government and deemed university in India.
What Does the Supreme Court Want With This Order?
As per this order, the Supreme Court of India has asked the Centre, all States and UTs to produce what is, in effect, a foundational dossier on every private, non-government and deemed university in India.
It appears that the Apex Court wants to know how each institution was born, the precise provision of law under which it was established, the circumstances that led to its approval, and the specific benefits and concessions it received from the state.
Including the big-ticket items such as land allotments and preferential treatment to any concession quietly granted over the years along with the conditions that were attached to those benefits.
In addition to this, the Supreme Court also wants the full disclosure of who actually runs these universities – Founding societies or trusts, their aims and objectives, the members of their top decision-making bodies, and the process by which these individuals were appointed.
This is interesting as the Bench is asking for something that should have been publicly available all along that is a transparent origin story.
