Uttar Pradesh Amends Private Universities Act to Facilitate New University Establishment

The Uttar Pradesh Private Universities (Second Amendment) Act, 2025, an amendment to the Uttar Pradesh Private Universities Act, 2019, received the Governor's assent on August 21, 2025. This legislative instrument was enacted to facilitate the establishment of a new private university, Dr. K. N. Modi University, in Modinagar, Ghaziabad, Uttar Pradesh. The necessity for this amendment arose from a decision to incorporate the new university into the existing statutory framework governing private higher education institutions in the state. Due to the State Legislature not being in session, immediate legislative action was required, leading to the promulgation of the Uttar Pradesh Private Universities (Second Amendment) Ordinance, 2025 (U.P. Ordinance no. 8 of 2025) by the Governor on July 11, 2025. This Act now replaces the aforementioned Ordinance. The Act is deemed to have come into force retrospectively from July 11, 2025, the date of the Ordinance's promulgation.

The primary change introduced by the Act is the amendment of Schedule-2 of the principal Act (the Uttar Pradesh Private Universities Act, 2019). Specifically, it inserts a new entry at serial number 49, formally recognizing "Dr. K. N. Modi University, Modinagar, Ghaziabad, Uttar Pradesh" and identifying its sponsoring body as "Dr. K. N. Modi Institute of Pharmaceutical Education and Research Trust Modinagar, Ghaziabad, Uttar Pradesh." Furthermore, the Act grants the State Government the power to issue orders, published in the Gazette, to remove any difficulties encountered in the establishment of Dr. K. N. Modi University. Such orders may adapt the provisions of the principal Act through modification, addition, or omission, as deemed necessary or expedient, provided no such order is made after two years from the Act's commencement. Any order made under this provision must be laid before both Houses of the State Legislature. The legislation also includes a repeal and saving clause, formally repealing the Uttar Pradesh Private Universities (Second Amendment) Ordinance, 2025, while ensuring that any actions taken or things done under the Ordinance are deemed valid under the corresponding provisions of this new Act.

The legislative intent behind the Uttar Pradesh Private Universities (Second Amendment) Act, 2025, is to bolster the higher education landscape in Uttar Pradesh by enabling the establishment of new private universities. The principal Act, the Uttar Pradesh Private Universities Act, 2019, was originally enacted to provide a comprehensive framework for the establishment and regulation of private universities within the state, aiming to enhance educational opportunities. The present amendment specifically addresses the need to integrate Dr. K. N. Modi University into this framework. The legislation provided: “In order to provide for the establishment of a new private University namely, Dr. K. N. Modi University, Modinagar, Ghaziabad, Uttar Pradesh, it was decided to amend Schedule- 2 of the aforesaid Act.” This highlights the policy rationale of expanding access to higher education through private initiatives. The earlier legal position, while establishing a general framework, required specific legislative action to formally recognize and incorporate individual new universities into Schedule-2. The Act addresses this statutory gap by explicitly adding the new university. The temporary measure of an Ordinance was necessitated by the legislative recess, and this Act now provides a permanent statutory basis for the university's establishment and the validation of actions taken under the Ordinance. The provision for the State Government to remove difficulties ensures a smooth transition and operationalization of the new university, allowing for necessary adaptations to the principal Act for a period of two years. This mechanism aims to prevent unforeseen legal or administrative hurdles during the initial phase of the university's establishment.

Keywords: Uttar Pradesh, Private Universities, Amendment Act, Higher Education, Dr. K. N. Modi University, Modinagar, Ghaziabad, Ordinance, Repeal, Schedule-2 Geo Tags: India, Uttar Pradesh District: Ghaziabad