The UGC had refused to grant recognition to Amity on the ground that the private university was incorporated through a legislative enactment of the Uttar Pradesh assembly without the Commission's prior inspection and approval.

"The constitution makes it abundantly clear that it shall be open to the state legislature to incorporate and establish universities and the same is not conditional upon recognition by the UGC," the bench observed.

The court further said that a perusal of the UGC Act for inspection of minimum standards of instruction and minimum qualification of teachers clearly shows that the UGC only controls the standards of established university.

The UGC had challenged before the high court an earlier order passed by Justice B.D. Ahmed, asking the commission to grant the university status to Amity and display its name in the list of accredited universities on its website.

Earlier, the Noida-based varsity had submitted that as its name was not listed on the UGC website, it had been facing serious problems and its students had been denied admission in foreign universities for higher studies.

The Institute of Chartered Accountants of India had denied registration to the Amity students while the Indian Nursing Council had refused recognition to it on the ground that its name does not appear in the list maintained by the UGC on its website, the petitioner said.

 

Source IANS