UGC’S DRAFT REGULATION HAS SERIOUS CONSTITUTIONAL ISSUES

22nd January, 2025

Context

The University Grants Commission's (UGC) draft regulation on the selection and appointment of vice chancellors has sparked protests from non-BJP State governments. These governments argue that the regulation violates federal principles and have called for its withdrawal.

BACKGROUND

Recently Released Draft UGC Regulations, 2025

The Union Minister for Education recently released the draft UGC Regulations, 2025, which aim to provide greater flexibility in the appointment and promotion of teachers and academic staff. These guidelines are open for public consultation, inviting comments, suggestions and feedback from stakeholders.

About the University Grants Commission (UGC)

The University Grants Commission (UGC), established in 1956, operates under the Ministry of Education as a statutory body under the UGC Act, 1956. It was set up following recommendations by the University Education Commission led by Dr. S. Radhakrishnan. Headquartered in New Delhi, with regional offices in Pune, Hyderabad, Kolkata, Bhopal, Guwahati and Bangalore, the UGC is responsible for:

  • Maintaining standards in higher education.
  • Developing faculty and scholarship schemes.
  • Ensuring quality assurance.
  • Promoting Indian Knowledge Systems (IKS) and teaching in Indian languages.

Key Highlights of UGC Draft Regulations, 2025

Governance and Transparency

The draft regulations emphasize transparency and innovation in governance. The Search-cum-Selection Committee for appointing Vice-Chancellors (VCs) includes representatives from the Chancellor, UGC Chairperson and the university’s apex body.

Eligibility for VCs has been broadened to include professionals from academia, industry, public administration and public policy.

Flexibility in Recruitment

The guidelines allow candidates with diverse academic backgrounds to qualify, focusing on specialization at the Ph.D. level.

Career Advancement Scheme (CAS)

Promotions under CAS prioritize qualitative assessment over score-based metrics. Faculty contributions to research, teaching innovation, community engagement and entrepreneurship are given significant weightage.

Professor of Practice (PoP) Role

Institutions can now engage up to 10% of sanctioned posts with industry professionals, enabling the exchange of practical knowledge.

Inclusivity and Representation

The regulations promote inclusivity by encouraging the representation of SC, ST, OBC, EWS and Persons with Disabilities (PwD) in leadership roles.

Promoting Indian Knowledge Systems

The draft emphasizes teaching and research in Indian languages to preserve and promote Indian Knowledge Systems (IKS).

Flexibility in Appointments

The removal of the 10% cap on contractual appointments enables institutions to meet teaching demands effectively.

Role of the Governor in Education

In most state universities, the Governor acts as the Chancellor, holding supervisory powers and appointing key officials such as Vice-Chancellors (VCs) based on recommendations from the Search-cum-Selection Committee. The Governor also approves statutes and regulations to ensure alignment with state laws and UGC standards.

Merits of UGC Draft Regulations, 2025

These regulations align with the National Education Policy (NEP) 2020, emphasizing interdisciplinary learning, inclusivity and cultural preservation. By fostering academic research in Indian languages and encouraging innovative teaching methods, the draft ensures global competitiveness while preserving Indian heritage.

The broadened eligibility for leadership roles improves governance, while the streamlined processes for recruitment and promotions ensure transparency and fairness.

Role of the Centre in Education

Education in India falls under the Concurrent List of the Seventh Schedule of the Constitution, allowing both the Centre and states to legislate on the subject. Entry 66 of the Union List empowers the Centre to set standards for higher education and research.

Key Responsibilities of the Centre:

  • Formulating national education policies, such as the NEP 2020.
  • Establishing regulatory bodies like UGC, AICTE and NCERT.
  • Implementing initiatives like the Right to Education Act and the Mid-Day Meal Scheme.
  • Supporting higher education through budgetary allocations, research grants and infrastructure development schemes.

IN THE EDITORIAL

Proposed Amendments to UGC Regulation 2010

The UGC seeks to amend Regulation 2010 by broadening the eligibility criteria for vice chancellors. It proposes to include professionals with 10+ years of experience in fields such as industry, public administration, or public policy, alongside academicians with a minimum of 10 years as a professor.

Constitutional Concerns and Political Context

The draft regulation raises constitutional questions, separating its implications from potential political motivations. The main issue lies in whether the UGC's move is consistent with its legislative mandate under the UGC Act.

The Objective of the UGC Act

The University Grants Commission Act, 1956 was enacted to coordinate and maintain educational standards in universities. It empowers the UGC to make regulations, allocate funds and advise governments on university-related matters. However, these regulations must align with the Act's provisions.

UGC's Scope of Authority

Critics argue that the UGC lacks the authority to regulate the selection and appointment of vice chancellors. The Act focuses on maintaining educational standards and prescribing teaching qualifications, but it does not address vice chancellors' appointments, making such regulations potentially ultra vires.

Legal Precedents and Conflicting Interpretations

Courts have weighed in on UGC regulations and their authority:

  • Bombay High Court (2011): Held that vice chancellor appointments do not impact educational standards directly and fall outside UGC’s purview.
  • Supreme Court (2015): Overruled the Bombay High Court, asserting that UGC regulations have a binding effect, but only when laid in Parliament and approved.

Constitutional and Federal Implications

The key question is whether UGC regulations override State laws. Under Article 254 of the Constitution, only central laws passed by Parliament, not subordinate regulations, can override State laws unless the latter has received presidential assent.

Significant Rulings and Resolution

In the Kalyani Mathivanan case, the Supreme Court upheld that UGC Regulation 7.3.0 is recommendatory for State universities. This interpretation could provide a basis for resolving the ongoing conflict over the draft regulation.

Way Ahead

The way forward requires collaborative policymaking that balances central and state roles. Targeted funding should support under-resourced institutions. Leadership roles must prioritize academic and administrative experience. Caps on contractual hiring and clear pathways to permanence will ensure stability. Promote inclusivity with scholarships and grants. Focus on faculty training for modern teaching methods. Finally, ensure transparent governance through independent oversight.