Question : Legal Opinion on Institutions of Eminence

(a) whether the Ministry has sought the opinion of the Solicitor General of India regarding formulating regulations for institutions of eminence in the country and if so, the details thereof;

(b) whether the Government has also set up an expert committee in this regard and if so, the details thereof; and

(c) the time by when the said institutions of eminence are likely to be set up?

Answer given by the minister

MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT
(DR. MAHENDRA NATH PANDEY)

(a): Yes Madam. The Ministry has sought opinion of Ministry of Law which had referred the matter to Solicitor General of India. The opinion was sought on following points:

(i) Whether the proposed University Grants Commission’s (UGC) draft Regulations and Guidelines for Institutions of Eminence would be within the framework of existing statutory framework.

(ii) Whether in terms of provisions of UGC Act, 1956, the UGC is empowered to frame such regulations and guidelines to give effect to concerns expressed by the Finance Minister in his budget speech 2016 regarding efforts for Indian Higher Educational Institutions to emerge them as world class Institutions.

(iii) Whether it is possible to frame regulations for separate class of Deemed to be Universities namely “Institutions of Eminence Deemed to be Universities” under section 3 of UGC Act 1956, in light of the fact that there is already a Regulation for Deemed to be Universities.

(iv) Whether it is possible for the UGC to form an Empowered Expert Committee for the purpose of selection, monitoring and review of Institutions of Eminence, the decision of which shall be deemed to be decision of UGC.

The Solicitor General opined that questions raised at points (i), (ii) and (iii) above are possible, however, question raised at point (iv) above is not possible as per the UGC Act. 1956.

(b) & (c): The Guidelines and the Regulations for Institutions of Eminence are under consideration.


***************

Download PDF Files