AMITY UNIVERSITY UTTAR PRADESH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the inaction of the respondent No.2 [University Grants Commission] (UGC) in not including the petitioner in the list maintained by it of universities as defined under Section 2(f) of the University Grants Commission Act, 1956 (hereinafter referred to as the UGC Act). The writ petition is also directed against the respondent No.3 (Indian Nursing Council) inasmuch as the respondent No.3 has not granted approval for recognition to the petitioner university under the Indian Nursing Council Act, 1947 on the ground that the petitioner university is not included in the list maintained by the University Grants Commission.

(2.) The UGC has a website on the internet (www.ugc.ac.in). Under the category of "Inside Higher Education" there is a sub-category " "universities". The list of universities can be examined State-wise. The petitioner is a university in Uttar Pradesh. The list of universities in respect of Uttar Pradesh does not include the petitioner's name. The list includes various other universities such as a central university (funded by UGC), deemed university (not funded by UGC), deemed university (funded by UGC), state university (funded by UGC), state university (not funded by UGC), state private university (not funded by UGC) and Institute of National Importance (not funded by UGC).

(3.) The grievance of the petitioner is that because of the non-inclusion of the petitioner in the said list of universities for Uttar Pradesh, the petitioner is suffering serious consequences. As an illustration, it has been pointed out by Mr Neeraj Kaul, the learned senior counsel appearing on behalf of the petitioner, that students of the petitioner university have been denied admission by foreign universities in higher courses on the ground that the petitioner university is not in the UGC list. Copies of letters from such students have been placed on record at pages 73-77 of the paper book. The Institute of Chartered Accountants of India had denied registration to one of the students of the petitioner university on the ground that he is ineligible because he is a student of an unrecognized university. The Indian Nursing Council has refused recognition to the petitioner because of want of "UGC Notification". A copy of a letter dated 26.06.06 from the said Council returning the inspection fees is annexed as Annexure P-5 to the petition. Organizations in USA dealing with equivalence of degrees have refused to entertain the status of the petitioner university on account of the fact that it is not listed with the UGC and is not included in the list of universities maintained on the UGC website. Copies of e-mails to this effect are placed at pages 115-116 of the paper book.