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2007 Supreme(Del) 2642

MUKUL MUDGAL, REVA KHETRAPAL
UNIVERSITY GRANTS COMMISSION – Appellant
Versus
AMITY UNIVERSITY UTTAR PRADESH – Respondent


Advocate Appeared
For the Appellant :Mr. Vikas Singh, Addl. Solicitor General with Mr. Amitesh Kumar and Mr. R.R. Pandey, Advocates.
For the Respondents No.1:Mr. Arun Jaitley and Mr. Neeraj Kishan Kaul, Sr. Advs. with Mr. Vinay Garg, Mr. Rajesh Yadav, Ms. Anu Bagai, Ms. Enatoli Sema, Mr. Bhuvan Mishra, Mr. A.P. Singh, Advocates.
For the UOI:Mr. Rajendra Mishra, Advocate.

JUDGMENT

Mukul Mudgal, J.-This LPA by the appellant University Grants Commission (hereinafter referred to as the "UGC) challenges the judgment of the learned Single Judge dated 2nd July, 2007. The main plea involved in the present LPA relates to the question whether a university can be incorporated and established under the State Act, enacted by virtue of the powers conferred under List II Entry 32 of the VII Schedule of the Constitution of India or whether the recognition by the University Grants Commission (hereinafter referred to as the "UGC") is a sine qua non for the lawful establishment of the university. While the stand of the appellant UGC is that there can be no incorporation and establishment of even a university created by a State enactment without its inspection and approval, the respondents contended that while a State university is undoubtedly bound to follow the criteria and standards postulated by the UGC, but such conformity is not a precondition for the establishment of a university particularly in light of the law laid down by the Honble Supreme Court in Para 59 of Prof. Yashpals case II (2005) SLT 323=2005 (5) SCC 420. The plea of the respondents found favour wit



















































































































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