SC seeks nationwide disclosure on creation & regulation of private universities

Guwahati: The Supreme Court has ordered the Union Government, all States and Union Territories, and the University Grants Commission (UGC) to present a complete account of how private universities in India were established, regulated, and monitored.

A Bench comprising Justices Ahsanuddin Amanullah and NV Anjaria observed that private universities play a major role in higher education, and therefore the Court must examine their legal foundations, operational frameworks, and the benefits they receive from governments.

Governments Asked to Provide Legal Records and List of Benefits

The Court instructed all governments to file detailed affidavits explaining:

• the exact statutes, notifications, or provisions used to establish each private or deemed university,
• the financial, administrative, or land-related benefits granted to them, and
• any preferential treatment extended by State or Central authorities.

The Bench also asked governments to identify who actually controls and manages these institutions and outline how their governing bodies are structured and appointed.

Case Origin: Student Alleges Harassment After Name Change

This sweeping inquiry stemmed from a petition filed by 23-year-old Ayesha Jain, who accused Amity University of refusing to update her name in its records despite her providing all required documents.

Jain, who changed her name from Khushi Jain to Ayesha Jain in 2021 and published it in the Gazette of India, alleged that university officials:

• blocked her from attending classes,
• prevented her from writing examinations,
• harassed her verbally, and
• mocked her for adopting a Muslim name.

She completed a certificate course at Amity Finishing School under her new name in 2023 and enrolled in the MBA (Entrepreneurship) programme at Amity Business School in 2024. However, the institution allegedly continued using her old name, leading to repeated complaints to the UGC and Ministry of Education. When nothing changed, she approached the Supreme Court in mid-2025.

Court Expands Case Into Wider Examination of Private Universities

When officials submitted affidavits on November 20, the Bench decided that the concerns raised in the case extended far beyond an individual grievance. The judges noted that the matter had broader implications for governance and transparency in private higher-education institutions across India.

An order dated November 20 (uploaded on Wednesday) said the Court intended to look into the very origins of private universities, the statutory basis of their existence, and the benefits they obtain from government bodies.

UGC Asked to Explain Oversight Mechanisms

The Supreme Court directed the UGC to spell out:

• the regulatory powers it holds over private universities,
• the statutory and policy guidelines governing these institutions, and
• the monitoring mechanisms used to ensure compliance.

The Bench also sought disclosures about admission processes, faculty recruitment, grievance-redressal systems, salary compliance, and whether universities that claim to operate on a no-profit, no-loss basis are actually doing so.

Affidavits Must Be Signed at the Highest Level

Emphasising accountability, the Court also ordered that the affidavits must be personally affirmed by:

• the Cabinet Secretary of India,
• all Chief Secretaries of States and Union Territories, and
• the Chairman of the UGC.

“No delegation will be allowed,” the order also stated, adding that any suppression, misrepresentation, or concealment of information would be viewed with utmost seriousness.

Next Hearing Set for January 8, 2026

The Court will take up the matter again on January 8, 2026, when it is expected to scrutinise the disclosures and assess the need for further action.