S M MUKHERJEE Vs. U G C

JUDGEMENT

(1.) These writ petitions raise common questions regardingthe implementation of the recruitment rules of the University Grants Commission and for proper balancing of the claims of the Under Secretaries and theEducation Officers in regard to seniority and promotion in the University GrantsCommission.

(2.) The University Grants Commission was established in 1956 by anAct of Parliament, viz. University Grants Commission Act, 1956. The Statement of Objects and Reasons of the Bill in this regard stated that "the Constitution of India vests Parliament with exclusive authority in regard to coordination and determination of standards in institutions for higher education forresearch and scientific and technical institutions. It is obvious that neithercoordination nor determination of standards is possible unless the CentralGovernment has some voice in determination of standards of teaching andexamination in the Universities both old and new. It is also necessary to ensurethat available resources are utilised to the best possible effect. The problem hasbecome more acute recently on account of the tendency to multiply Universities."

(3.) The University Grants Commission has the power under the Act torecommend to the Universities measures for improvement of Universityeducation. They have power to conduct inspection of the universities for theimplementation of such recommendations. The University Grants Commissionrecognises the Universities and also confers status of deemed universities oninstitutions of higher learning and research institutes. For the proper development of universities the University Grants Commission allocates funds to theuniversities for general and specific purposes. It is the body which coordinatesthe universities with the Central Government. The University Grants Commission acts a expert body to advice the Central Government on maintenance ofstandards in the universities. The Commission is composed predominantly ofthe educational experts. The Chairman is usually a well-known educationist.Out of 10 members not less than four members are from the teachers of theUniversities and the remaining members are from the persons who are theVice-Chancellors of the Universities or experts in Agriculture, Commerce,Engineering, Law and Medicine. Amongst other things the University GrantsCommission has the power (Section 26.c.) to frame regulations with the priorapproval of the Central Government specifying the terms and conditions .ofservice of the employees appointed by the Commission. Such regulations wereframed by the Commission in 1958 and then in 1983. The administration of theUniversity Grants Commission is principally manned by the executive officers,such as Section Officers, Under Secretaries and by persons drawn from theUniversities and Scientific institutions. They can, thus, be broadly described asthe Executive, the Educationist and Scientists.