The Supreme Court’s decision invalidating more than a 100 private universities in Chhattisgarh has again highlighted the regulatory disarray in higher education. It is almost as if it is in the grip of Murphy’s law: every wrong step that can be taken will be taken. For years our regulatory structure did not make it easy to set up private universities. Chhattisgarh, for a variety of dubious reasons, decides to pry open the system. Institutions mushroom as a consequence, with quality varying from the acceptable to the horrendous. There is a public outcry about their quality. Concerned citizens seek legal redress on grounds that the state has allowed universities to by-pass the authority of the University Grants Commission — the institution that has a monopoly over anything that wants to call itself a university. The apex court concurs and overnight invalidates the authority of these institutions. And, as always, thousands of students are left stranded. This would be an absurd drama were it not so tragic.There are many issues at stake. First, should UGC be the sole authority governing universities? Should states also be allowed to set their own norms? When we permit states leeway in so many areas, including primary and secondary education, why can’t we grant them powers in higher education? Second, if indeed the states have some power in this area, what should be the norms that govern the exercise of that power? Chhattisgarh clearly abused its power and in doing so jeopardised the future credibility of private education as a whole. Third, what are the best mechanisms to ensure that minimum norms are met? The current institutions are too slow in processing accreditation. They often consider irrelevant criteria. And they often do not crack down on institutions that need more supervision. The default norm that private institutions should attach themselves to existing universities gives only the appearance of standards being upheld. The same bad institution, which we will not dignify by terming it an university, can attach itself to another university and give degrees under some other name. Most universities to which affiliation takes place are themselves unlikely to uphold standards. The Supreme Court’s judgment has highlighted a serious problem. But it does not solve it. One only hopes that the government will enact sensible omnibus legislation to enable good private universities to flourish. And, in the meantime, the state needs to ensure that students who are victims of this regulatory and judicial wrangle are not left stranded.
