26.1 Bare Act Provision
23. Prohibition of the use of the word “University” in certain cases.— No institution, whether a corporate body or not, other than a University established or incorporated by or under a Central Act, a Provincial Act or a State Act shall be entitled to have the word “University” associated with its name in any manner whatsoever:
Provided that nothing in this section shall, for a period of two years from the commencement of this Act, apply to an institution which, immediately before such commencement, had the word “University” associated with its name.
26.2 Explanation
Section 23 is the “Nomenclature Monopoly” clause of the UGC Act. It works in tandem with Section 22 to protect the sanctity of the term University. While Section 22 prevents unauthorized entities from granting degrees, Section 23 prevents them from even using the name, thereby protecting students from being misled by the “veneer of authority” that the word carries. Section 23 prohibits the use of the word ‘University’ in the name of any on other than a University established or incorporated under an enactment or a deemed University.[1]
The words ‘established’ or ‘incorporated’ referred to Acts under which universities are established or incorporated. Several universities in this country have been either established or incorporated under special statutes, such as the Delhi University Act, the Banaras Hindu University Act, the Allahabad University Act etc. In these cases, there is a special Act either of the Central or the Provincial or the State Legislatures establishing and incorporating the particular universities. There is also another pattern, where under one compendious Act several universities are either established or incorporated, for instance, the Madhya Pradesh Universities Act, 1973. The definition of university and provisions in Section 23 of the UGC Act refer to Acts of the Central, Provincial or the State Legislatures by which one or more universities are established or incorporated and not to institutions incorporated under a general statute providing for incorporation.[2]
Before UGC Act, there was no law which restricted the use of the word `University’ and all institutions were free to associate this word with their names if they liked. Section 23, however, imposed the restriction in absolute term and the proviso allowed a period of two years within which adjustments to the new situation brought about by law had to be made. The provisions in s. 23 of the Act refer to Acts of the Central, Provincial or the State legislatures by which one or more universities are established or incorporated and not to institutions incorporated under a general statue providing for incorporation.[3]
Section 23 of the UGC Act prohibits all institutions which also include a deemed to be University to use the expression ‘University’ except a University established or incorporated by a Central or State Statute. Since the deemed to be University status is granted in terms of specialized field of study in a particular subject and such status does not empower such institution to affiliate any college or to use expression ‘University’ clearly indicates that a deemed to be University is not at par with a University incorporated by a Statute Central or State. A deemed to be University is entitled to certain privileges particularly that it has right to grant degrees in terms of Section 22 of the Act, but such grant of degrees is restricted in respect of subjects, which such Institution was engaged in at the time of grant of status of such deemed to be University. It is specialized expertise in a particular subject or field of study, the deemed to be University Status is considered and granted whereas, a University is incorporated by a Central or State Statute keeping in view the larger public interest; focused study of particular discipline or to achieve state objective of imparting education in subjects including subjects of medicine, engineering, pharmacy or law etc.[4]
It is necessary to read the expression ‘established or incorporated’ in this Section as ‘established and incorporated’ insofar as private universities are concerned. Therefore it is only after establishment of the basic requisites of a university such as classrooms, library, laboratory, offices and hostel facility, etc. that private universities should be incorporated and conferred a juristic personality.[5]
26.3 Critical Analysis
Procedural Delay: The enforcement of Section 23 is often delayed by a slow administrative and judicial cycle. The UGC relies on its Malpractices Cell to identify institutions using the word University illegally.[6] This identification is often reactive, relying on student complaints rather than proactive digital monitoring. By the time an institution is identified and a Show Cause notice is issued, it may have already enrolled several batches of students. Institutions waiting for Deemed to be University status under Section 3 often face a procedural limbo. They are academically ready but legally barred from using the name until the final Ministry notification. This results in branding delays and confusion during the crucial admissions cycle. Institutions challenged under Section 23 frequently move the High Courts to stay UGC notices. The time taken to resolve these Title Disputes can stretch for years, during which the institution continues to use the prohibited name under a court’s interim protection.
Constitutional Validity and Ultra Vires: Section 22 and 23 together form the Standard Setting core upheld by the judiciary. The word University cannot be used by any entity unless it is established by a valid legislative Act of Central or State and possesses the necessary infrastructure. The Court emphasized that a University is a distinct legal entity, and the Union has the right to protect this title to prevent a collapse of standards.[7] If a State Government passes an Act to establish an institution but names it a University without providing the core characteristics, the name itself can be challenged as ultra vires of the UGC Act’s federal standards. For years, Deemed Universities were forced to use the phrase Deemed to be University and were barred from using University as a suffix.[8]
Room for Misinterpretation: The phrase associated with its name in any manner whatsoever is a broad stroke that leads to legal gray areas. How does Section 23 apply to a foreign entity that opens a Learning Centre in India? While they are a university in their home country, using the name in India without a Central/State Act technically violates Section 23. This creates a misinterpretation gap for international collaborations. Many prestigious colleges use the term University College. While these are often constituent colleges, the use of the word University by a sub-entity can mislead the public into thinking the college itself is the degree-granting body.[9] In 2026, many startups call themselves The AI University or Code University. They argue these are brand names and not statutory names. However, Section 23 says in any manner whatsoever, which suggests that even branding as a Digital University without a Section 3 or State Act is a violation.
Colonial Era Policy and Irrelevance: Section 23 is a relic of the Royal Charter system, where the title was a gift of the Crown. In the colonial era, the British used the title University to signify a center of Western loyalty and administrative training. Section 23 continues this Gatekeeping by making the name a matter of legislative permission rather than academic merit. Section 23’s obsession with the specific word is an archaic 1956 focus. In 2026, the quality of the degree is more important than the title of the building. Every year, the UGC publishes a list of Fake Universities violating Section 23. The fact that this list grows annually proves that the Prohibition model of 1956 is failing to deter modern commercial education.[10] Although concept of HECI is suggested in NEP 2020, till this date the law of HECI dismantling UGC is not passed by the Parliament of India.
[1] Unni Krishnan, J.P. And Ors. Etc. Etc vs State Of Andhra Pradesh And Ors. Etc. Etc [(1993) 1 SERVLR 743]
[2] Sikkim Manipal University vs Indira Gandhi National Open University [AIR 2016 (NOC) 155 (SIK.)]
[3] Prem Chand Jain & Anr vs R. K. Chhabra [1984 CHANDLR(CIV&CRI) 265]
[4] Kartar Singh v. Union of India and others, Punjab-Haryana High Court CWP-1640-2008
[5] Sarvoday Kelavni Samaj vs State Of Gujarat [AIR 2016 (NOC) 243 (GUJ.)]
[6] “Actions taken by UGC against Fake Universities”, Press Information Bureau, Government of India, Ministry of Human Resource Development, Dt. 22.4.2015, available at: https://www.pib.gov.in/newsite/PrintRelease.aspx?relid=119768®=3&lang=2, last visited on 20.3.2026
[7] Prof. Yashpal & Anr vs State Of Chhattisgarh & Ors [2005 AIR SCW 1168]
[8] “UGC Forbids 123 Deemed To Be Universities From Using ‘University’ In Names”, Anisha Singh, NDTV Education, Dt. 13.11.2017, available at: https://www.ndtv.com/education/ugc-forbids-123-deemed-to-be-universities-from-using-university-in-names-1774642, last visited on 20.3.2026
[9] “Role of Colleges in India’s Higher Education System: Constituent vs. Affiliated”, Teachers Institute, Dt. 27.12.2023, available at https://teachers.institute/planning-and-management-of-higher-education/role-colleges-india-higher-education-constituent-vs-affiliated/, last visited on 20.3.2026
[10] “UGC fake universities list 2026: Full state-wise list of 29 blacklisted institutions in India”, The Economic Times, Dt. 21.2.2026, available at: https://ecoti.in/1VJAIa5, last visited on 20.3.2026
