Shreya Gupta
On 7th May 2025, the Allahabad High Court at Lucknow entertained a writ petition raising a significant legal question concerning the distinction between the terms ‘institution’ and ‘university’ under the University Grants Commission (UGC) Act, 1956. The case was heard by Justice Jaspreet Singh.
The petitioners in the case are graduates of Sanskriti University, having earned bachelor’s degrees in Physiotherapy and Science (Medical Laboratory Technology) in different academic years. Sanskriti University, as per the petitioners, is a statutory university established under the Uttar Pradesh Act, 2016 and also finds mention in the Uttar Pradesh Private Universities Act, 2019.
The crux of the dispute arose when the Uttar Pradesh State Medical Faculty (UPSMF), a body empowered by the State Government to regulate private paramedical institutions, denied registration to the petitioners. This registration is a prerequisite for candidates seeking to apply for Government and Semi-Government paramedical positions.
The denial was based on the claim that the petitioners had not obtained their degrees from an institute recognized by the UPSMF. In response, the petitioners approached Sanskriti University, which clarified that as a statutory university, it does not require recognition from UPSMF to offer paramedical courses.
The University contended that the Government Order dated 14.10.2005—relied upon by UPSMF to justify the registration denial—was applicable only to “institutions” and “training centres” and not to statutory universities established by law. The petitioners argued before the High Court that this distinction is crucial, and that the application of the 2005 Government Order to a recognized university violates the statutory framework of the UGC Act.
They further contended that the refusal by UPSMF to register them was arbitrary, discriminatory, and lacked legal foundation, effectively depriving them of the opportunity to seek public employment despite holding valid degrees.
The High Court, acknowledging the legal complexities involved, issued notice to Sanskriti University and directed the UPSMF and the State Government to submit their responses. The next listing of the case is scheduled for 07.07.2025.
The petition has now set the stage for judicial scrutiny on whether statutory universities are exempt from the regulatory purview of bodies like UPSMF, particularly in light of the statutory definitions under the UGC Act and the specific language of the 2005 Government Order. The outcome could have broader implications for the recognition of degrees issued by private universities in regulated professional fields.
Case Name: Abhishek & Ors. v. State of Uttar Pradesh & Ors.
Case Number: W.P. (C) No. 4395/2025
Bench: Justice Jaspreet Singh
Click here to access the order
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