The Centre has opposed the Karnataka High Court order denuding the UGC's power to regulate deemed universities and private institutions saying that it would render the institution redundant.
Appearing before a Supreme Court bench headed by Chief Justice H L Dattu, Additional Solicitor General P S Patwalia submitted although 2010 UGC Regulations - by which the higher education regulator imposed its authority over deemed and to-be-deemed institutions - had been declared unconstitutional by the Karnataka High Court it would be applicable across the country.
"When Parliament enacts a law, it operates across the country. If the High Court has struck down a Parliament-enacted law, the order will operate pan-India," he said.
The apex court was hearing petitions filed by two Tamil Nadu-based institutions - SRM University and Manakula Vinaygar Academy of Higher Education.
Referring to the Karnataka HC order, they raised questions on how two sets of rules could apply to colleges within Karnataka and colleges in Tamil Nadu.
A single-judge bench of the Karnataka HC struck down the Regulations on the ground made out by seven private universities that the Regulations cannot apply retrospectively to structures or buildings existing prior to 2010.
The order was challenged before a division bench and the matter is still pending before the HC.
