13.1 Bare Act Provision
12. Functions of the Commission.— It shall be the general duty of the Commission to take, in consultation with the Universities or other bodies concerned, all such steps as it may think fit for the promotion and co-ordination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities, and for the purpose of performing its functions under this Act, the Commission may—
(a) inquire into the financial needs of Universities;
(b) allocate and disburse, out of the Fund of the Commission, grants to Universities established or incorporated by or under a Central Act for the maintenance and development of such Universities or for any other general or specified purpose;
(c) allocate and disburse, out of the Fund of the Commission, such grants to other Universities as it may deem 1[necessary or appropriate for the development of such Universities or for the maintenance, or development, or both, of any specified activities of such Universities] or for any other general or specified purpose:
2[(cc) allocate and disburse out of the Fund of the Commission, such grants to institutions deemed to be Universities in pursuance of a declaration made by the Central Government under section 3, as it may deem necessary, for one or more of the following purposes, namely:—
(i) for maintenance in special cases,
(ii) for development,
(iii) for any other general or specified purpose;]
3[(ccc) establish, in accordance with the regulations made under this Act, institutions for providing common facilities, services and programmes for a group of universities or for the universities in general and maintain such institutions or provide for their maintenance by allocating and disbursing out of the Fund of the Commission such grants as the Commission may deem necessary;]
(d) recommend to any University the measures necessary for the improvement of University education and advise the University upon the action to be taken for the purpose of implementing such recommendation;
(e) advise the Central Government or any State Government on the allocation of any grants to Universities for any general or specified purpose out of the Consolidated Fund of India or the Consolidated Fund of the State, as the case may be;
(f) advise any authority, if such advise is asked for, on the establishment of a new University or on proposals connected with the expansion of the activities of any University;
(g) advise the Central Government or any State Government or University on any question which may be referred to the Commission by the Central Government or the State Government or the University, as the case may be;
(h) collect information on all such matters relating to University education in India and other countries as it thinks fit and make the same available to any University;
(i) require a University to furnish it with such information as may be needed relating to the financial position of the University or the studies in the various branches of learning undertaken in that University, together with all the rules and regulations relating to the standards of teaching and examination in that University respecting each of such branches of learning;
(j) perform such other functions as may be prescribed or as may be deemed necessary by the Commission for advancing the cause of higher education in India or as may be incidental or conducive to the discharge of the above functions.
Footnote from Bare Act:
1. Subs. by Act 33 of 1972, s. 5, for “necessary for the development of such Universities” (w.e.f. 17-6-1972).
2. Ins. by s. 5, ibid. (w.e.f. 17-6-1972).
3. Ins. by Act 59 of 1984, s. 2 (w.e.f. 1-10-1984).
13.2 Explanation
General Duty of UGC: Section 12 provides for an application of the powers and functions of the UGC as provided under Chapter-III of the UGC Act. The provisions contained in Chapter III of the UGC Act (Sections 12 to 19) disclose that the UGC has got absolute powers over the Universities in all its functions and thereby the Universities will always be answerable to the lawful dictates of the UGC.[1]
Section 12 of the UGC Act vests the UGC with complete freedom to regulate the promotion and coordination of University Education.[2] Section 12 requires consultation with various Universities and other bodies. The expression “Universities or other bodies concerned” has not be read in a rigid manner rather it is flexible as per requirement of the Commission. It shall be the general duty of the of the Commission to take, in consultation with the Commission Universities or other bodies concerned, all such steps as it may think fit for the promotion and coordination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities, and for the purpose of performing its functions under this Act.[3]
Section 12 cannot be interpreted in a manner that for taking any steps by the UGC, there is a mandatory requirement of consultation of all the States/Universities failing which no measures can be taken by the UGC. The use of expression “examination” in Section 12 itself makes it clear that steps taken by the UGC under Section 12 may relate to the examination as well. Same is the case with teaching and research. The words “all such steps” are of wide import. The steps referred to in Section 12 may include issuance of guidelines, directions, circulars etc. Hence the Guidelines issued in exercise of statutory powers, thus, cannot be said to be non-statutory.
The course of study, its nature and volume, has to be ascertained and determined before the commencement of academic session. Proper standard of teaching cannot be achieved unless there are adequate infrastructural facilities in the campus like classrooms, libraries, laboratories, well-equipped teaching staff of requisite caliber and a proper student-teacher ratio.[4] UGC is also empowered to frame regulations for entrance tests, employment merits etc. The UGC is also authorised to perform such other functions as may be prescribed or as may be deemed necessary by the UGC for advancing the cause of Higher Education in India or as may be incidental or conducive to the discharge of its functions.[5]
[1] Bar Council of India v. Saveetha Institute of Medical and Technical Sciences & Others, Madras High Court – W.A.No.929 and 933 of 2006
[2] Karamjeet Kaur vs State Of Punjab & Another; Punjab-Haryana High Court – CWP No.11049 of 2017
[3] Praneeth K vs University Grants Commission (Ugc) [AIR 2020 SUPREME COURT 5510]
[4] Prof. Yashpal & Anr vs State Of Chhattisgarh & Ors [2005 AIR SCW 1168]
[5] Sikkim Manipal University vs Indira Gandhi National Open University [AIR 2016 (NOC) 155 (SIK.)]
