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India’s top court seeks nationwide audit of private unis

A Supreme Court bench of Justices Hassanuddin Amanullah and N V Anjaria issued the directive on November 20 while hearing a written petition by a student whose name change was not recognised by her institution, causing her to miss the minimum attendance requirement and lose an academic year.

The student, an MBA applicant, changed her name from Khushi Jain to Ayesha Jain in 2021. Although she completed a certificate course under her new name in 2023 and joined the MBA program at Amity Business School in 2024, the university refused to update her name, blocking her from attending classes or appearing for exams.

According to reports, after multiple complaints went unaddressed, she approached the Supreme Court in mid-2025, accusing the university of discrimination and abuse of power.

While the institution offered the student Rs 1 lakh (£ 842) as compensation, the court said it amounted to a “mockery of its sentiments” and summoned the president and vice-chancellor.

On November 20, both officials appeared and submitted their affidavits, but instead of closing the case, the Supreme Court converted it into a public interest litigation (PIL) on the regulation of private universities in India.

If there is any attempt to withhold, suppress, misrepresent or mis-state facts in the affidavits called for, this Court will be compelled to adopt a strict view
Supreme Court of India

Citing “public interest,” the top court asked the University Grants Commission (UGC), India’s statutory body for higher education, along with the central and state governments, to examine broader concerns about the functioning of private universities in the country.

“The issues have now come before this court, which the present coram has also deliberated in detail, in the larger public interest, it is deemed appropriate to examine the aspects relating to the creation/establishment/setting-up of all private universities, either under the state governments/union territories or the central government, and connected concerns,” the bench stated in its order.

The court is expected to review the legal provisions under which private and deemed universities were established, the circumstances of their approval, any concessions or benefits granted, including land allotments, and the conditions attached.

Moreover, the court has asked for details on the trusts or societies managing universities, their leadership, and objectives, and directed the UGC to outline its mandates and mechanisms for maintaining compliance, including admissions and faculty recruitment. The next hearing is on January 8, 2026, when the court will decide on further steps based on these disclosures.

“If there is any attempt to withhold, suppress, misrepresent or mis-state facts in the affidavits called for, this Court will be compelled to adopt a strict view,” the bench said.

The Court directed that affidavits be personally signed by the Cabinet Secretary, all State and UT Chief Secretaries, and the UGC Chairman, making them parties to the writ petition and turning the case into a landmark step for accountability, transparency, and better governance in private universities across India.

When contacted, Amity University said it could not comment as the matter is sub judice.

While the rise of private universities in India over the past few decades is notable, concerns have emerged about many not complying with UGC regulations.

In October, the UGC issued notices to 54 state private universities for failing to submit information or upload their public self-disclosure details on their websites.

It warned these universities to immediately upload the required information, cautioning that failure to comply could lead to stricter penalties, including admission restrictions or even revocation of recognition.

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