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Rajya Sabha
State Universities cannot set up off-campus centres outside the jurisdiction of the respective States. According to the information furnished by the University Grants Commission (UGC), several private universities established in the State of Chhattisgarh under the Chhattisgarh Niji Nshetra Vishwavidyalaya (Sthapana Aut Viniyaman) Adhiniyam, 2002, had off-campus centres outside the State. The Supreme Court of India in its judgement on the Writ Petition by Prof. Yash Pal & Ors. Vs. State of Chhattisgarh & Ors., declared the provisions of the State Act permitting off-campus centres outside Chhattisgarh to be ultra vires of the Constitution. Thus the private universities established under the Act have ceased to exist. The Supreme Court directed that the State Government may take appropriate measures to have these institutions affiliated to the already existing State Universities in Chhattisgarh. It was further directed that the benefit of affiliation of an institution shall be extended only if it fulfills the requisite norms and standards laid down for such purpose and not to every kind of institution. Regarding technical, medical or dental colleges, etc. affiliation may be accorded if they have been established after fulfilling the prescribed criteria laid down by the All India Council of Technical Education (AICTE), Medical Council of India (MCI), Dental Council of India or any other statutory authority and with their approval or sanction as prescribed by law.
The Central Government has requested all the State Governments to get the off-campus centres of the erstwhile private universities of Chhattisgarh located in their respective States, affiliated to the jurisdictional State Universities in order to protect the interests of the affected students studying in them. The incorporation, regulation and winding up of universities are within the competence of the state legislature.
This information was given by the Minister of State for Human Resource Development, Shri M.A.A. Fatmi in Rajya Sabha today.
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