Program for Research On Private Higher Education

Indian Supreme Court has repealed the Chhattisgarh Private Sector Universities (Establishment and Regulation) Act, voiding the registrations of 108 private universities. The rationale is that the law was loosely written, allowing the establishment of storefront universities, and that there was neither a limitation of university number nor a quality control process. The state government had also bypassed the national University Grants Commission in examining proposals of new universities before granting university status. Though the court has guided the institutions to seek affiliations with the public universities in Chhattisgarh, there remains a concern of how long the process takes in gaining affiliation. 20,000 students are directly affected. Additionally, the new state government had already imposed some stringent requirements on the private institutions, which most could not meet.

For the full story (shown with permission), see The Chronicle of Higher Education, February 15, 2005. "India's Supreme Court Shuts Down 108 Private Universities in Ruling Against a State Law," by Shailaja Neelakantan. http://chronicle.com/free/2005/02/2005021507n.htm

The shutting down of private higher education that had suddenly and rapidly proliferated has occurred in several developing countries in recent years, as other PROPHE News Feature show. As is often the case elsewhere, the private explosion reflects powerful demand, unaccommodated in the public sector, and also a changing political-economic profile overall, more welcoming of privatization. Then, however, come challenges to the legitimacy (and in the Indian case even the legality) and quality of the privates.
The Indian case stands out for its magnitude. It also stands out for its engagement of national vs. state government authority and for the decisive role of the judiciary branch. Commanding affected privates to seek affiliation with public institutions also appears a peculiarity of the Indian case, reflecting the country's longstanding pattern of private colleges affiliated with public universities. It is unclear what the private-public affiliation terms would be in Chhattisgarh or how the inter-institutional bargaining would occur but it would seem that the private hand might be weak.

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