The Delhi High Court on Wednesday issued a notice to Guru Gobind Singh Indraprastha University (GGSIPU) on a petition seeking the closure of its academic and affiliated activities beyond the territorial limits of the National Capital Territory of Delhi.
The petition has sought immediate directions to the university to "cease all operations, affiliations, or academic activities beyond the territorial limits of Delhi," while also making "a special arrangement... to provide education to those students who are already enrolled in such affiliate colleges outside Delhi."
The plea further urges the University Grants Commission (UGC) to conduct a full inquiry into the "out-of-jurisdiction operations of GGSIPU and other similarly placed State universities and to take remedial and penal action as per law."
Directions have also been sought to the Delhi government to ensure that the university complies with its enabling legislation and functions strictly within defined territorial boundaries.
"The Public Interest Litigation is being filed under Article 226 of the Constitution of India, 1950, seeking appropriate writ, order or direction against the illegal, arbitrary and ultra vires actions of Guru Gobind Singh Indraprastha University (GGSIPU), which is acting in breach of territorial jurisdiction as prescribed under its parent legislation and in violation of the binding norms of the University Grants Commission (UGC)," the petition states.
The petitioner alleges that GGSIPU is operating in regions beyond Delhi, including parts of Haryana, Rajasthan and Uttar Pradesh, in violation of UGC rules.
"Furthermore, the UGC has strictly prohibited universities from offering programmes through franchising arrangements, unapproved study centres, or through any off-campus arrangements that are not expressly approved by the UGC. The UGC circulars further clarify that no university is permitted to affiliate colleges outside its legal jurisdiction, nor conduct examinations, admissions, or personal contact programmes through unauthorised centres," the plea contends.
It adds that such affiliations outside Delhi also disrupt the implementation of the university's admission policy, particularly the 85% quota reserved for Delhi students.
"When colleges situated outside Delhi are brought under the same framework, confusion arises as to the applicability of this quota, thereby resulting in discriminatory admissions and denial of rightful opportunities to eligible students within Delhi," the petition notes.
The PIL also challenges the Guru Gobind Singh Indraprastha University Act, 1998, claiming that it contravenes Articles 239AA and 245 of the Constitution. The petition argues that the Delhi Assembly exceeded its authority by legislating in a manner that affects territories outside the NCT.
"The state legislature has exceeded its authority and usurped the jurisdiction of other states, while passing the impugned act, as the State of NCT of Delhi has assumed the jurisdiction vested with the Parliament to enact laws for the territory of India," the plea argues. It further submits that there exists no territorial nexus in the 1998 Act to justify extra-territorial application, noting that "the object of the National Capital Region Planning Board Act, 1985, is completely different, and cannot be imbibed by a state legislative to overcome the constitutional provisions."
The court has sought responses from GGSIPU, the Delhi government and the UGC on the matter.
