Clause wise Explanation: The statutory scheme as delineated by Section 12 makes it clear that for the purposes of performing its functions under the Act as enumerated in clause (a) to (j), it is not mandatory duty of the Commission to consult with the Universities or other bodies concerned in all cases e.g. while allocating and disbursing out of the fund of the Commission, grants to the Universities as enumerated in sub-clause (b) and (c). It is not necessary to consult the university to whom the grant is to be allocated and disbursed.[1]
Clause (a): Clause (a) deals with enquiry into the financial needs of the Universities for allocation and disbursement purpose.[2]
Clause (b): One of the functions of the Commission under the UGC Act is to inquire into the financial needs of Universities in terms of Section 12 (b) of the UGC Act which contemplates disbursement of funds for the maintenance and development to the Universities established or incorporated by or under a Central Act.[3]
Clause (c): Section 12 (c) of the UGC Act contemplates the disbursement of the grants to such Universities. The Commission can use money from its own Fund to give grants to universities. These grants can be given if the Commission thinks they are needed or suitable for developing the university overall, or maintaining or improving specific activities in the university, or for any other general or particular purpose. This helps universities grow or carry out important work.
Clause (cc): Section 12(cc) of the UGC Act, inserted vide Act No.33 of 1972, empowered the Commission to allocate and disburse grants to institutions deemed to be Universities. Insertion of separate clause (cc) is indicative of the fact that legislature dealt with the Universities incorporated by a Statute and by a Notification of the Central Government differently. These grants can be used for developing the university overall, or maintaining or improving specific activities in the university, or for any other general or particular purpose.
Clause (ccc): UGC is empowered allocate and disburse out of the Fund of the Commission, such grants for maintenance in special cases, for development and for any other general or specified purpose; establish, in accordance with the regulations made under the Act, institutions for providing common facilities, services and programmes for a group of Universities as provided under Section 12(ccc).[4] The National Assessment and Accreditation Council (NAAC) is an Autonomous Institution established under Section 12 (ccc) of the UGC Act.[5] Section 26(1)(f) empowers the UGC to set minimum standards for granting degrees, regulate and maintain university standards, coordinate their work/facilities, control establishment of institutions under Section 12(ccc), and fix appropriate fee structures.[6] Section 26(1)(h) allows the UGC to make regulations specifically for institutions it directly establishes or causes to be established under Section 12(ccc).[7]
Clause (d): Clause (d) speaks of qualification which means a degree or any other qualification awarded by a University.[8] As per Clause (d) of Section 12, the UGC has been vested with the power to recommend any University the measures necessary for improvement of University Education and advise the University upon action to be taken for the purpose of implementation of the said recommendations.[9] It may 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.[10] Such universities also include Deemed to be University.[11]
Clause (e): Under Section 12(e), UGC may advise the Central Government or any State Government on the allocation of any grants to Universities for any general or specified purpose and other similar purposes enumerated under different clauses of Section 12 of the UGC Act.
Clause (f): The UGC is also empowered to advice any authority under sub-section (f). The Commission can give advice to any authority of government, if that authority asks for it, for setting up a new university, or proposals related to expanding or increasing the activities of any existing university. This is advisory only.[12]
Clause (g): The UGC can also advice the Central Government or any State Government or Universities under sub-section (g) 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. This function is also advisory in nature.
Clause (h): UGC is empowered under Section 12(h) of the UGC Act to collect information on all such matters relating the University education in India and other countries as it thinks fit.[13]
Clause (i): UGC is empowered under Section 12(i) of the UGC Act to require a university to furnish it with such information as may be needed related to the financial position of the University. To achieve the purpose of this Act, UGC may demand from any university detailed information on its finances, courses of study, rules, and regulations concerning teaching and examination standards in various subjects under Clause (i).[14]
Clause (j): Section 12(j) of the UGC Act, 1956, grants the Commission very wide residuary powers to perform any other functions that may be prescribed or that the Commission deems necessary for advancing higher education in India, or that are incidental or conducive to discharging its other functions. Under this clause, the UGC is fully competent to take decisions on its own, issue directions, guidelines, etc., and it may also seek assistance from committees of experts, as there is no prohibition in the Act against doing so.
The UGC can advise universities under Section 12(j) to take necessary steps for improving university education and recommend actions for implementing such advice. Additionally, under Section 25, the Commission is empowered to frame rules for carrying out the purposes of the Act, including any functions under Section 12 and the additional functions under clause (j).[15] In exercise of these powers under Section 12(1)(j), the UGC has issued various guidelines.
[1] Praneeth K vs University Grants Commission (Ugc) [AIR 2020 SUPREME COURT 5510]
[2] Sam Higginbottom University Of Agriculture, Technology and Science vs University Grants Commission [AIR 2016 DELHI 29]
[3] Kartar Singh v. Union of India and others, Punjab-Haryana High Court CWP-1640-2008
[4] Dr. B. S. Rajpurohit vs State & Ors, Rajasthan High Court – Jodhpur D.B.CIVIL SPECIAL APPEAL NO.92/2011 and other connected matters
[5] Sam Higginbottom University Of Agriculture, Technology and Science vs University Grants Commission [AIR 2016 DELHI 29]
[6] Bharati Vidyapeeth & Ors vs Guru Gobind Singh Indraprastha, Delhi High Court W.P.(C) 1995/2008 and other matters
[7] Nachane Ashiwni Shivram And Ors. Etc. vs State Of Maharashtra And Anr. [1997(3)BOMCR680]
[8] Asson. Of Mgmt. Of Private Colleges vs All India Council For Tech.Edu.& Anr, Supreme Court, [CIVIL APPEAL NO. 1145 OF 2004 Connected with CIVIL APPEAL NOS. 5736-5745 OF 2004]
[9] Sikkim Manipal University vs Indira Gandhi National Open University [AIR 2016 (NOC) 155 (SIK.)]
[10] Jodhpur University Temporary Teachers Forum vs The University Of Jodhpur [1990(2)WLN530]
[11] Simran Singh vs State Of Haryana & Ors, Punjab-Haryana High Court, Civil Writ Petition No.23010 of 2012
[12] Ramesh Kumar Yadav v. University of Allahabad, 2012 SCC OnLine All 667
[13] Annual Report 2023-24, University Grants Commission, 2024
[14] Dr. R.R. Patil And Etc. Etc. vs State Of Karnataka And Ors. [AIR 2002 KARNATAKA 211]
[15] Bharati Vidyapeeth & Ors vs Guru Gobind Singh Indraprastha, Delhi High Court W.P.(C) 1995/2008 and other matters
