Allahabad HC Issues Notice On Plea Alleging Distinction Between The Words 'Institution' And 'University'

The Allahabad High Court at Lucknow has recently issued notice in a writ petition alleging distinction between the word 'institution' and 'university' under the University Grants Commission Act, 1956.

The petitioners obtained degrees in Bachelors Degree in Physiotherapy and Bachelors Degree in Science (Medical Laboratory Technology) in different years from Sanskriti University, which is a statutory university as per them under the Uttar Pradesh Act, 2016. Further, it was submitted that under the U.P. Private University Act, 2019 also the university finds mention.

Petitioner alleged that Uttar Pradesh State Medical Faculty is empowered by the State Government to regulate private para medical institutes in the State and for recruitment in government posts, it was necessary for candidates to register with UPSMF.

Petitioners were denied registration by the Uttar Pradesh State Medical Faculty on grounds that they had not graduated from the institute recognized by UPSMF. Upon approaching the University, they were informed that the university being a statutory university did not require recognition for para-medical course from UPSMF and that the Government Order dated 14.10.2005 which empowered UPSMF was only applicable on institutes and not on universities.

Petitioners approached the High Court on grounds that despite holding degrees in paramedical courses, they were barred from applying for government and semi-government positions on the grounds that their university had not fulfilled the conditions set forth in the government order dated 14.10.2005.

It was argued that the Government Order dated 14.10.2005 applies only to “institutions” or “training centres” and not to statutory universities which has been defined under the University Grants Commission Act, 1956. It was urged that UPSMF's refusal to register them is not only legally flawed but also arbitrary and discriminatory.

Justice Jaspreet Singh issued notice to the University and directed Uttar Pradesh State Medical Faculty and the State to file their replies.

The case is directed to be listed on 07.07.2015.

Case Title: Abhishek & Ors. v. State of Uttar Pradesh & Ors., W.P. (C) No. 4395/2025

Appearance: Senior Advocate Jaideep Narain Mathur, along with a team from Singhania & Co. comprising Rohit Jain (Managing Partner), Aslam Ahmed (Partner), and Shabiesta Nabi (Advocate), along with Aakash Prasad (Counsel), Amitav Singh (Counsel), and Yash Toshi (Counsel), from A&A Partners.

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