Enquiry into private universities is neither a witch-hunt nor playing ‘headmaster’: SC

The Supreme Court on Thursday said it neither intends to embark on a “witch-hunt” nor admonish the Union and States like a “headmaster”, provided they are completely honest about the circumstances of setting up private universities and benefits bestowed on these institutions.

A Bench headed by Justice Ahsanuddin Amanullah pulled up the Centre for not filing an affidavit affirmed by the Union Cabinet Secretary despite a categorical order from the top court in November 2025. Justice Amanullah initially said the Cabinet Secretary had to file the affidavit personally by 4 p.m., but later allowed the Centre to file a separate affidavit to exempt him.

In its previous order in November last year, the court had sought details from the Centre and States on the background and provisions of laws leading to the establishment of private, non-government and deemed-to-be universities. The court had made it clear that the information would be filed through affidavits personally affirmed by the Union Cabinet Secretary and the Chief Secretaries of the States.

“There shall not be any delegation of such filings. Further, responsibility for every disclosure and its correctness shall rest with the deponents concerned,” the Supreme Court had stressed in its November order.

However, Solicitor General Tushar Mehta, for the Union government, said the affidavit filed in court had been affirmed by the Higher Education Secretary, and not the Cabinet Secretary, due to the “working hierarchy” among the government departments.

“We are really surprised the Cabinet Secretary was under any misconception despite a categorical order of the court that the affidavit had to be affirmed by him,” Justice Amanullah observed in the hearing.

The hearing saw the Bench issue notice to the Chief Secretaries of States, asking them why “appropriate action” ought not to be taken against them for not personally affirming the affidavits filed by their respective States.

The court also issued notice to Chief Secretaries of States, who had neither filed affidavits nor bothered to ensure legal representation during the court hearing, to explain why contempt proceedings should not be initiated against them. Those among States which filed affidavits, but with incomplete information about the private universities within their jurisdictions, were allowed to filed additional affidavits.

The court scheduled the case for hearing on January 28.

Received many petitions: judge

“After the last order, I received many petitions from across the country with evidence [about the functioning of private universities] We are creating the future of the country, and what we do today is meaningless unless the baton is passed on to the right hands… We will not act as a headmaster admonishing the State, provided you win our trust and are honest with us. We will not go on a witch-hunt, provided you are truthful to the court. Openly disclose the issues you face, and we will deal with it together. We are only doing this in public interest, and for the general benefit of the system,” Justice Amanullah observed orally.

Mr. Mehta agreed that “education should not be an industry”.

The November 2025 order was triggered by a petition filed by a student, Ayesha Jain, represented by advocate Mohd. Fuzail Khan, against Amity University. Ms. Jain had alleged that the university refused her request for a change of name in its rolls even though she had produced the required documents. She accused the university of harassment and taunts for changing her first name from a traditionally Hindu sounding ‘Khushi’ to ‘Ayesha’.