The Delhi High Court held that the University Grants Commission (UGC) does not have the power under the UGC Act, 1956, or its PhD Regulations, to debar a university from enrolling PhD scholars on the basis of alleged non-compliance with statutory provisions. The case involved Singhania University, which had challenged an order issued by the UGC debarring it from enrolling new students into its PhD programme for a period of five years (from the academic session 2025-26 to 2029-30). Alongside that order, a public notice had been issued warning prospective students and parents not to take admission in the university’s PhD programme.
Justice Vikas Mahajan observed that there is no provision either in the UGC Act or in the Regulations made under it which expressly empowers UGC to issue a penalty of that kind against a university. The judgment noted that while the PhD Regulations prescribe minimum standards and lay down procedures for the award of PhD degrees, they do not stipulate any consequence for non-adherence with those provisions. In particular, there is no clause which authorises the UGC to debar a university from enrolling PhD students as a form of sanction for violations of the Regulations.
The Court referred to key statutory provisions including the Preamble of the UGC Act and Section 12(j). According to the Court, under these portions, UGC’s role is one of regulation, coordination and determination of standards in higher education. These provisions do not envisage penal powers, such as debarring an institution from a PhD programme. Section 12A was identified as one of the limited powers which allows UGC to initiate inquiry against a college and then issue a prohibitory order, but that power is restricted and does not extend to universities in general for debarring them from enrolling PhD scholars under the terms imposed by UGC in the impugned order.
In light of this, the High Court granted relief to Singhania University. It set aside the order issued by the UGC as well as the public notice. The Court held that the debarring order was outside the authority conferred upon UGC by the statute or its Regulations, and that awarding such a penalty in the absence of any express provision is not permissible even by implication under UGC’s broader regulatory functions.
Thus, the ruling establishes that unless there is a specific and express statutory or regulatory authorization granting UGC that power, UGC cannot debar universities from enrolling students for PhD programmes for non-compliance with the UGC Regulations.
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