CHANDIGARH, 27 JULY: How and whether a Private University established within the State of Punjab can officially and statutorily (legally) named as Chandigarh University, this is indeed an interesting and significant question. However, the University Grants Commission (UGC) has recently avoided providing information in this regard.
On 20 June 2023, an Advocate at Punjab & Haryana High Court, Hemant Kumar, filed an online RTI application with UGC seeking information pertaining to a Private University in the State of Punjab viz. Chandigarh University getting recognition from UGC notwithstanding the fact that its Address as per official record of UGC is NH-95, Chandigarh Ludhiana Highway, Gharuan, Mohali, Punjab – 140413 however it bears the name Chandigarh in its official nomenclature which nevertheless is a Union Territory apart & away from the State of Punjab. Further, information was also sought pertaining to any sort of exemption or relaxation etc. , if any, as granted by UGC to ibid Private University as established in the State of Punjab viz. Chandigarh University so as to permit it to use the name Chandigarh in its nomenclature notwithstanding the fact that statutorily no private entity can use the name of any State or City in its name/ nomenclature.
In its reply, the UGC has responded that The Chandigarh University, Gharuan, Kharar, District Mohali has been established by an Act of State Legislature of Punjab State as a Private University and is empowered to award degrees through its main campus in regular mode with the approval of Statutory Bodies of the University and Statutory Councils wherever required after creating required academic and physical infrastructure facilities including library laboratories and appointment of teaching and supporting staffs as per the norms and standards laid down by UGC and other relevant Statutory Councils.
It has been further mentioned in the UGC’s reply that the State Private Universities are established by the concerned State Governments. The higher education department of the State Government should be approached for detailed information.
Meanwhile, Hemant said that as per Section 3(1) of The Chandigarh University Act, 2012 (Punjab Act No. 7 of 2012) there shall be established a Private University by the name of the Chandigarh University in the State of Punjab. Further in Section 3(4) therein, it has been mentioned that the headquarters of the University shall be located at Village Gharuan, Tehsil Kharar, District Sahibzada Ajit Singh Nagar (Mohali).
Further as per Section 8(1) of the aforementioned 2012 Act, the Governor of Punjab shall be the Visitor of the University who shall preside over the convocation of the University for conferring degrees and diplomas and shall also have the right to call for any information relating to the affairs of the University.
Be that as it may, the Advocate seriously wonders when a Private University has not been established within the territorial area of Chandigarh, how the State Legislature of Punjab can provide in the relevant legislation (Act) that its name would be Chandigarh University as has been done in case of The Chandigarh University Act,2012.
Hemant further said that the Preamble to the Chandigarh University Act, 2012 mentions that whereas the Chandigarh Educational Trust made a proposal to the State Government for setting up a self-financing University in the State of Punjab on the basis of the Punjab Private Universities Policy, 2010 to make provisions for all the streams of higher education at all levels and
whereas the State Government (of Punjab), after due consideration of the proposal of the aforesaid Trust, has come to the conclusion that the aforesaid Trust is capable of establishing and running the University and accordingly the State Governement has accepted its proposal for the establishment of the said Private University and whereas in the circumstances referred above, it is deemed expedient to establish the Chandigarh University for the aforesaid purposes.
Hemant asserts that in view of the above, it appears that the name Chandigarh University has been provided in The
Chandigarh University Act, 2012 by the Punjab State Legislature on the proposal of Chandigarh Educational Trust as submitted to the State Government of Punjab but the moot but significant question remains is that if and how any Private University which is established in territorial area of State of Punjab can be named as Chandigarh University ?
Hemant opines that going by the above standards, tomorrow in Haryana ( read e.g. Panchkula) similarly, a Private University can too be established by the name of Chandigarh University which can thereafter be included in the Schedule to the Haryana Private Universities Act, 2006 by the State Legislature (Vidhan Sabha) of Haryana.
Pertinent that last month, the Punjab Universities Laws (Amendment) Bill, 2023 was passed by the Punjab Vidhan Sabha wherein in case of Statutes of 12 State Universities as existing in Punjab, by which, in lieu of Governor, the Chief Minister of Punjab, by virtue of his Office, has been proposed to be made Chancellor of all such Universities. This Bill is yet to receive assent from the Governor, Banwarilal Purohit who in has however questioned the legitimacy of the Session itself as held on 19 and 20 June 2023 where above Bill was passed in addition to three other Bills. However, in case of Private Universities existing in Punjab including Chandigarh University, the Governor has not been substituted with State Chief Minister as Visitor of such Private Universities, quips Hemant.