Supreme Court: The bench of Ahsanuddin Amanullah and NV Anjaria, JJ has directed Union of India, all States and Union Territories, and the University Grants Commission (UGC) to furnish comprehensive details in order to examine the aspects relating to the creation/establishment/setting-up of all private Universities, either under the State Governments/Union Territories or the Central Government, and connected concerns.
The direction came while dealing with a dispute related to Amity University, Noida wherein the Court felt the pressing need to examine the establishment and functioning of private Universities across the country in the larger public interest.
The Court directed the Union of India, all States and Union Territories, to furnish comprehensive details regarding:
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the background/circumstances and under which provisions of law all private/non-government/deemed-to-be Universities came into being and further,
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benefits granted by the Government to them, including the stipulations and conditions under which such benefits, both in terms of allotment of land, preferential treatment of any kind and/or other ancillary benefits conferred upon them.
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memorandum of articles and aims and objectives of the societies/organizations and persons who are actually running/managing/in-control of the said bodies/Universities, whether through an apex body/Managing Committee/Board of Governors, i.e., by whatever nomenclature the top decision-making body is known as also their composition and mode of selection to such bodies which run the institutions.
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Full details of the concerned personnel connected with the establishment/management of such Universities.
The Court also directed the UGC to disclose its role vis-à-vis such institutions on oath. The affidavit by the UGC shall cover
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what the statute/policy mandates as also the actual mechanism to monitor/oversee compliance by the institutions.
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policy of admission of students,
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process of recruitment of academic staff adopted by such Universities, and
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regulatory checks that the Government(s) have put in place to ensure that the terms and conditions enjoined upon such institutions, either by way of statute or policy or otherwise, are duly adhered to and the relaxations granted by the concerned Government(s) to the institutions in such matters.
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whether such institutions, or at least those of them that claim to, are functioning on the stated/advertised ‘no profit, no loss’ basis
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how and under what authority have the Government(s) enforced this and ensured no diversion of monies towards anything unconnected with the educational institution, including salaries/expenses towards founders/family members and assets acquired by them
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grievance redressal mechanisms in place, both for students as also faculty/staff
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whether such institutions are paying the minimum salaries to faculty and staff, as mandated by law
The Court, hence, impleaded the Cabinet Secretary, all Chief Secretaries, and the Chairman, UGC, as party-respondents and directed to file personally affirmed affidavits without delegation. The Court cautioned that any attempt to withhold/suppress/misrepresent/mis state facts in the affidavits called for, would invite strict action.
The Court will now take up the matter on 08-01-2026.
[Ayesha Jain v. Amity University, Noida, WRIT PETITION (CIVIL) NO.531/2025, order dated 20-11-2025]
Advocates who appeared in this case:
For Petitioners: Mr. Mohd. Fuzail Khan, AoR
For Respondents: Mr. Amitesh Kumar, Adv. Ms. Priti Kumari, Adv. Mr. Pankaj Kumar Ray, Adv. Mr. Abhinav Singh, Adv. Mr. Shashank Shekhar Singh, AoR Mr. Parmanand Gaur, AoR Mr. Vibhav Mishra, Adv. Ms. Megha Gaur, Adv.