4.1 Bare Act Provisions
3. Application of Act to institutions for higher studies other than Universities.— The Central Government may, on the advice of the Commission, declare, by notification in the Official Gazette, that any institution for higher education, other than a University, shall be deemed to be a University for the purposes of this Act, and on such a declaration being made, all the provisions of this Act shall apply to such institution as if it were a University within the meaning of clause (f) of section 2.
4.2 Explanation:
The Deemed to be University status is granted under Section 3 of the UGC Act, 1956, to an institution that has demonstrated excellence in a specific field. This status is conferred through a formal declaration by the Central Government under the Section 3.[1] Upon this declaration, the institution is officially recognized as a “Deemed University”. By virtue of this deeming provision, it is treated as a “University” as defined under Section 2(f) of the UGC Act. The deeming fiction ensures that a “Deemed University” enjoys the same legal standing and privileges as any regular university established by an Act of Parliament or a State Legislature.
Once the Central Government issues the notification under Section 3, the “Deemed University” automatically falls under the regulatory purview of the UGC. It receives full UGC recognition in accordance with the Act and the regulations framed thereunder. Consequently, all powers, functions, and responsibilities vested in the UGC under Sections 12 to 19 of the UGC Act; such as coordination, determination of standards, funding, inspection, and advisory roles; become directly applicable to the “Deemed University”.
This statutory framework ensures uniformity in quality assurance, academic governance, and operational autonomy within the bounds prescribed by the UGC. A conjoint reading of Section 2(f), 3, 12 to 19, 22, 25, 26 and 28 of the UGC Act shows that the functioning of the Deemed University is under the direct supervision and control of the UGC, which in turn is controlled by the Central Government, by virtue of the formulation of the Rules to be framed under the UGC Act.[2]
The establishment of quality higher education institutions requires proper infrastructure, qualified faculty, well-equipped laboratories, modern libraries, and a conducive academic environment. Only such institutions can attract the best students. In the present scenario, meritorious students are willing to travel anywhere in the country to access high-quality education. Merely creating universities that lack teaching facilities but possess degree-conferring powers does not serve the purpose.
What is truly needed is a significant increase in the number of excellent colleges and institutions capable of delivering superior teaching and learning experiences. Once such high-calibre institutions are established, the Central Government can grant them “Deemed University” status under Section 3 of the UGC Act, recognizing their excellence. Alternatively, they can be affiliated with existing reputed universities. Prioritizing the creation of robust teaching-focused institutions over hollow university structures is essential to improve the overall quality of higher education in India and retain talented students within the system.[3]
The Territorial Jurisdiction in case of Deemed Universities will be as per UGC which mandates the prior approval of the UGC for opening Centres / off Campus Centres outside the Headquarters. The Territorial Jurisdiction in case of Private Institutions, other than Universities, will be as decided by the specific Committee constituted for this purpose. [4]
The only difference between a “University” and a “Deemed to be University” is that while a “University” is empowered to grant Affiliation for other Colleges and institutions, the “Deemed to be University” is deprived of such a function alone. Barring the power of Affiliation of other Colleges with it, a Deemed to be University when once declared under Section 3 of the UGC Act, enjoys all other powers and functions that are available to a regular University, established or incorporated by or under a Central Act or State Act or a Provincial Act.[5]
UGC is entitled to treat deemed Universities as a separate and distinct class and to require them to seek prior approval before starting new Courses/Departments, because deemed Universities are fundamentally different from Universities; while a University is established under a Central or a State Act and does not require recommendations of the UGC, a deemed University is not so established and requires recommendation of the University to function as a University.[6]
4.3 Critical Analysis
A critical analysis of this provision reveals a complex balance between educational expansion and regulatory gatekeeping.
Procedural Delay: The phrase “on the advice of the Commission” is the primary engine of procedural delay under Section 3. The UGC must first evaluate the institution and provide advice, after which the Central Government issues a notification. There is no statutory time limit for the UGC to provide this advice. In practice, this involves a Screening Committee and an Expert Committee visit. If the advice is negative or delayed due to administrative backlog, the institution remains in legal limbo, unable to award degrees despite having the infrastructure ready.[7] This absence of time limit also provokes corruption in the higher education field. For fast procedure, it may possible private educational organisation bribe committee members appointed for inspection of the institution which applied for the deemed university status.
Constitutional Validity and Ultra Vires: Section 3 creates a legal fiction where an institution is treated “as if it were a University within the meaning of clause (f) of section 2.” While this is constitutionally grounded under Entry 66 of the Union List, it creates a potential conflict with State rights. Education is in the Concurrent List at Entry 25. When the Central Government declares an institution as “Deemed to be University” within a State’s territory, it effectively bypasses the State Legislature’s power to incorporate universities. This centralized power has been challenged indirectly in cases involving the regulation of professional courses like Engineering or Medicine where the UGC’s advice clashes with the domain of bodies like the AICTE or MCI.[8]
Colonial Era Policy and Relevance: Section 3 reflects a post-colonial Recognition Model that is increasingly viewed as outdated in the age of global education rankings. The provision assumes that the State is the sole arbiter of what constitutes a high standard of education. Modern critics argue that this section creates a binary system i.e. University vs. Deemed University; which is confusing to international partners and students. The National Education Policy 2020 explicitly recommends moving away from these complex nomenclatures to a single University category to simplify the regulatory landscape.[9]
Hence we need a model for governance of education sector which has its own independent mechanism with specified time frame. As education is highly civil in nature, statute can provide for time frame in civil matters. But this new machinery shall be controlled at the end by the State otherwise certain anti-social elements will start their own educational institutes to teach their own ideas resulting in social instability. Unfortunately we are not having any such frame which will mark anti-social, anti-national, pro-enmity elements of certain educational organisations controlled by private entities in the name of certain quota and with guaranteed rights under Part III of the Constitution of India. These kind of organisations are imparting education from pre-school to PhD level.
Room for Misinterpretation: The phrase “other than a University, shall be deemed to be a University” provides significant room for interpretive disputes regarding the scope of authority. Since these institutions are deemed universities only “for the purposes of this Act,” disputes often arise as to whether they possess the same inherent structural autonomy as a University established by a specific Statute. The Act is silent on the procedure for un-deeming an institution. This led to massive legal battles, where the government tried to deregister 44 deemed universities.[10] The lack of a clear exit clause or “de-notification” protocol in Section 3 creates high legal risk for private investors in higher education.[11] Absence of complete procedure is one of the great mistake in this statute. As a nation heading towards 5 trillion economy, if we do not have robust statutory provisions to govern and administer our educational system.
[1] Karamjeet Kaur vs State Of Punjab & Another; Punjab-Haryana High Court – CWP No.11049 of 2017
[2] Bar Council of India v. Saveetha Institute of Medical and Technical Sciences & Others, Madras High Court – W.A.No.929 and 933 of 2006
[3] Prof. Yashpal & Anr vs State Of Chhattisgarh & Ors [2005 AIR SCW 1168]
[4] Karamjeet Kaur vs State Of Punjab & Another; Punjab-Haryana High Court – CWP No.11049 of 2017
[5] Bar Council of India v. Saveetha Institute of Medical and Technical Sciences & Others, Madras High Court – W.A.No.929 and 933 of 2006
[6] Sam Higginbottom University Of Agriculture, Technology and Science vs University Grants Commission [AIR 2016 DELHI 29]
[7] UGC (Institutions Deemed to be Universities) Regulations, 2023
[8] Prem Chand Jain & Anr vs R. K. Chhabra [1984 CHANDLR(CIV&CRI) 265]
[9] National Education Policy (NEP) 2020 Chapter 18
[10] Report Of The Committee For Review Of Existing Institutions Deemed To Be Universities (2009)
[11] Viplav Sharma v. Union of India [2014 INSC 41.]
