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At a meeting of State Higher Education Ministers to discuss the new regulations in Bengaluru, Mr. Chezhian said the draft regulations were a clear âencroachment on Stateâs autonomyâ.
âThe centralised approach of these regulations poses a serious threat to the federal relationship between the Union and the States. The draft UGC Regulations 2024 and 2025, formulated under Section 26 of the UGC Act, 1956, intend to override State-enacted university acts. The draft UGC regulations represent just guidelines,â he said.
Mr. Chezhian further pointed out that the draft regulations were prepared by an appointed committee, unlike the State acts.
âThe UGCâs attempt to enforce these regulations is an overreach of its authority. Under Section 12(d) of the UGC Act, the UGCâs powers are limited to providing guidance in higher education standards but cannot mandate compulsory implementation by States. These draft regulations pose significant constitutional challenges, including in sharing of power between States and Union and undermines federal principles, which are two fundamental principles of the Indian Constitution,â he said.
Even though âEducationâ falls under concurrent list and the Constitution indicates that if a State law is in conflict with a Central law, the latter should prevail, Mr. Chezhian added, âHowever, this applies only to laws enacted by the Parliament and the State legislatures, and does not apply to regulations like these UGC rules and regulations.â
He added that the UGC draft regulations were an attempt to sneak in the New Education Policy through the back door instead of striving to improve the standards of education.
âWe urge the Union government to recall the draft regulations and work with the States in a democratic fashion to improve higher education. The Tamil Nadu government will continue to fight for the rights of the students, teachers and educational institutions,â he said.
Published – February 05, 2025 11:26 pm IST
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