FINALREPORT - The Bar Council of India

Constitutional and Statutory Framework 9the power to cause an inspection or inquiry to be made of any University,and to advise on any matter which has been the subject of an inquiry orinspection.The definition of a ‘University’ under the provisions of Section 2(f) of theUGC Act implies not only a University established or incorporated by orunder a Central Act, a Provincial Act or a State Act, but also includes anysuch institution as may, in consultation with the University concerned, berecognized by UGC in accordance with the regulations made under theAct.It is by virtue of this provision that even affiliated colleges areincluded within the domain of UGC’s regulation.The Supreme Court has emphasized at length the role and responsibilityof UGC vis-à-vis the regulation of standards of higher education in India.The decision of the Supreme Court in the matter of University of Delhivs. Raj Singh, 1994 Supp. (3) SCC 516 is highly illuminative in thisregard, wherein it was held that Regulations framed by UGC prescribingqualifications for teaching staff would override and prevail over all otherlegislations in this regard, even Parliamentary enactments.UGC’sregulatory character was succinctly reaffirmed by the Supreme Court inthe case of Prof. Yashpal vs. State of Chattisgarh, (2005) 5 SCC 420 aswell, wherein it was held as follows:REPORT OF 3-MEMBER COMMITTEE ON REFORM OF LEGAL EDUCATION