29.1 Bare Act Provision
26. Power to make regulations.— (1) The Commission 1[may, by notification in the Official Gazette, make regulations] consistent with this Act and the rules made thereunder,—
(a) regulating the meetings of the Commission and the procedure for conducting business thereat;
(b) regulating the manner in which and the purposes for which persons may be associated with the Commission under section 9;
(c) specifying the terms and conditions of service of the employees appointed by the Commission;
(d) specifying the institutions or class of institutions which may be recognised by the Commission under clause (f) of section 2;
(e) defining the qualifications that should ordinarily be required of any person to be appointed to the teaching staff of the University, having regard to the branch of education in which he is expected to give instruction;
(f) defining the minimum standards of instruction for the grant of any degree by any University;
(g) regulating the maintenance of standards and the co-ordination of work or facilities in Universities.
2[(h) regulating the establishment of institutions referred to in clause (ccc) of section 12 and other matters relating to such institutions;
(i) specifying the matters in respect of which fees may be charged, and scales of fees in accordance with which fees may be charged, by a college under sub-section (2) of section 12A;
(j) specifying the manner in which an inquiry may be conducted under sub-section (4) of section 12A.]
(2) No regulation shall be made under clause (a) or clause (b) or clause (c) or clause (d) 2[(or clause (h) or clause (i) or clause (j)] of sub-section (1) except with the previous approval of the Central Government.
2[(3) The power to make regulations conferred by this section [except clause (i) and clause (j) of sub-section (1)] shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the regulations or any of them but no retrospective effect shall be given to any regulation so as to prejudicially affect the interests of any person to whom such regulation may be applicable.]
Footnote from Bare Act
1. Subs. by s. 6, ibid., for “may make regulations” (w.e.f. 1-10-1984).
2. Ins. by Act 59 of 1984, s. 6 (w.e.f. 1-10-1984).
29.2 Explanation
Section 26 of the UGC Act, 1956, confers regulation-making power on the Commission. The UGC is empowered to make Regulations by Notification in the Official Gazette, consistent with the Act and the Rules made thereunder, including defining minimum standards of instruction for the grant of any degree by any University, and regulating the maintenance of standards and coordination of work or facilities in Universities.[1]
Sub-Section (1): The Commission may frame Regulations under Section 26(1), provided they are consistent with the UGC Act and Rules made by the Central Government under Section 25. The primary requirement is notification in the Official Gazette.[2] These Regulations constitute subordinate legislation.[3] Regulations need not always require prior Central Government approval, yet they must conform to any directions issued under Section 20 of the Act, which operates independently. Even when previous approval is required, the Central Government plays a role both before and after making the Regulation.[4]
Under Section 26(1)(a), UGC may specify terms required to regulate meetings of the UGC and conducting business of the UGC. Clause (b) provides that UGC can make regulations for association of persons under Section 9 for particular purposes. Although such regulations are required for uniform and smooth working of the statutory body, I did not find such regulations on UGC website for the purposes mentioned under Clause (a) and (b). If you know such regulations then please comment full name of it.
Under Section 26(1)(c), the Commission may specify terms and conditions of service for its own employees. Although such regulations are in existence since 1958[5], UGC is not empowered with full employee strength for several years.[6] Under Clause (d) regulations that apply to colleges affiliated with universities, enabling them to receive financial assistance. The process requires legal, academic, and administrative documentation to be submitted to the UGC. Such regulations were enacted in 2009, 2012 and 2014.[7]In 2023 draft regulations titled as “UGC (Recognition of Colleges under Clause (f) of Section 2 of the UGC Act) Regulations, 2023” were proposed by UGC, but it is not clear whether these regulations are notified or not.[8]
The powers under clauses (e), (f), (g), and (h) of Section 26(1) are broad in scope and apply equally to open universities, deemed to be universities and formal or conventional universities. Maintaining minimum standards of instruction in higher education is essential, and the UGC is tasked with defining and regulating these standards, as well as coordinating work or facilities across universities. When validly made, such subordinate legislation forms part of the Act.[9]
Section 26(1)(e) empowers the UGC to define qualifications ordinarily required for appointment to the teaching staff of a University, having regard to the branch of education in which instruction is to be given. The term qualifications refers to educational qualifications obtained from recognised Universities and is of wide amplitude; it includes the requirement of passing a basic eligibility test prescribed by the UGC. The word defining means stating precisely, describing the nature of, or specifying that it does not extend to creating a new qualification. The UGC can only specify from among existing recognised qualifications awarded by Universities.[10] The phrase teaching staff of a University in clause (e) is of wide importance. It covers persons appointed by the University to give instruction on its behalf, including those who may be called upon or assigned to contribute to the University’s educational activities in a functional sense, excluding mere administrative staff.[11]
Under Section 26(1)(f), the UGC may prescribe minimum standards of instruction required for the grant of any degree by a University. This includes regulations on admission of students, programme of study, examinations, teachers, and related matters that Universities must comply with. For example, no student is eligible for a first degree unless they successfully complete a three-year degree course. These rules apply equally to open and conventional universities. The provision also covers regulation of fees and permissible scales of fees, as well as establishment of certain institutions.[12]
Section 26(1)(g) empowers the Commission to regulate the maintenance of standards and the coordination of academic work or facilities across universities. This power is similarly broad and applies to both open and conventional universities.[13] Under Section 26(1)(i), the UGC may specify matters for which fees may be charged by colleges and fix permissible scales of fees under Section 12A(2).[14] Clause (j) provides that UGC can make regulations for inquiry to be conducted under Section 12A(4).[15]
Sub-Section (2): Previous approval of the Central Government is required only for Regulations made under clauses (a), (b), (c), (d), (h), (i), and (j) of Section 26(1). No such prior approval is needed for Regulations under clause (e), (f), or (g).[16]
Sub-Section (3): The power to make Regulations includes the authority to give them retrospective effect from a date not earlier than the commencement of the Act i.e. 01.11.1956. However, no Regulation may be given retrospective effect if it prejudicially affects the interests of any person to whom it applies. Retrospective effect is not permitted for Regulations under clauses (i) and (j) concerning fees.[17]
[1] Unni Krishnan, J.P. And Ors. Etc. Etc vs State Of Andhra Pradesh And Ors. Etc. Etc [(1993) 1 SERVLR 743]
[2] Kumaon Institute of Education and Technology Vs. Uttarakhand Open University and another, Uttarakhand High Court, Special Appeal No. 899 of 2019
[3] Padmarajam College Of Mangement vs Bharathiar University, Madras High Court, W.P.No.5083 of 2019 and other connected matters
[4] P. Suseela & Ors. Vs. Univ. Grants Commn. & Ors. [8 SCC 129]
[5] University Grants Commission (Terms and Conditions of service of employees) Rules, 1958.
[6] Annual Report 2023-24, University Grants Commission, 2024
[7] “Compendium of UGC Regulations 1957-2023”, University Grants Commission, December 2023.
[8] UGC (Recognition of Colleges under Clause (f) of Section 2 of the UGC Act) Regulations, 2023, available at: https://www.ugc.gov.in/pdfnews/9081044_Draft_2f_Regulations_2023.pdf, last visited on 20.3.2026
[9] Raghavan Pillai v. Travancore Devaswom Board [1980 KLT 782]
[10] University Of Delhi vs Raj Singh [AIR 1995 SUPREME COURT 336]
[11] Kalyani Mathivanan vs K V Keyaraj And Ors [AIR 2015 SUPREME COURT 1875]
[12] Padmarajam College Of Mangement vs Bharathiar University, Madras High Court, W.P.No.5083 of 2019 and other connected matters
[13] Raghavan Pillai v. Travancore Devaswom Board [1980 KLT 782]
[14] Dr. R.R. Patil And Etc. Etc. vs State Of Karnataka And Ors. [AIR 2002 KARNATAKA 211]
[15] Asson. Of Mgmt. Of Private Colleges vs All India Council For Tech.Edu.& Anr, Supreme Court of India, CA No. 1145 of 2004
[16] Ramesh Kumar Yadav v. University of Allahabad, 2012 SCC OnLine All 667
[17] Dr. Nitin vs H.P. University Himachal Pradesh High Court [CWP No. 9048 of 2013]
