The Legal Education - Law Commission of India

16implemented. In University of Delhi vs. Raj Singh: (1994 Suppl (3) SCC516), the Supreme Court held that qualifications for the teaching staff couldalso be prescribed by Regulations of the UGC and the said Regulationswould override any other legislation, even if made by Parliament, such asthe Delhi University Act, 1922. The Court observed, while dealing withthe UGC Act, as follows:“These are very wide ranging powers. Such powers, in our view,would comprehend the power to require those who possess theeducational qualifications required for holding the post of lecturer inUniversities and colleges to appear for a written test…”“These (powers) include the power to recommend to a University themeasures necessary for the improvement of University education andto advise in respect of the action to be taken for the purpose ofimplementing such recommendations (clause (d)). The UGC is alsoinvested with the power to perform such other functions as may beprescribed or as may be deemed necessary by it for advancing thecause of higher education in India or as may be incidental orconducive to the discharge of such functions (clause (j)). These twoclauses are also wide enough to empower the UGC to frame the saidRegulations.”Thus, regulations made by the UGC could override any other statute madeby Parliament. The recent decision of the Supreme Court in PreetiSrivastava vs. State of MP 1999(7) SCC 120, in relation to medicaleducation, is of great relevance in as much as the Court was there