Uttar Pradesh Amends Private Universities Act to Include New University

The Governor of Uttar Pradesh recently promulgated The Uttar Pradesh Private Universities (Second Amendment) Ordinance, 2025, identified as U.P. Ordinance No. 8 of 2025. This legislative instrument was issued on July 11, 2025, in pursuance of the powers conferred by clause (1) of Article 213 of the Constitution of India. The promulgation became necessary as the State Legislature was not in session, and the Governor was satisfied that circumstances necessitated immediate action. The Ordinance primarily serves to further amend the Uttar Pradesh Private Universities Act, 2019, which governs the establishment and operation of private universities within the state. A key provision of this Ordinance is the amendment to Schedule 2 of the principal Act. The legislation provided: “In Schedule 2 of the Uttar Pradesh Private Universities Act, 2019 (hereinafter referred to as the principal Act) after serial no. 48, following serial number shall be inserted, namely :- S. no. 49 Dr. K. N. Modi University, Modinagar, Ghaziabad, Uttar Pradesh Name of the Sponsoring Body Dr. K. N. Modi Institute of Pharmaceutical Education and Research Trust Modinagar, Ghaziabad, Uttar Pradesh”. This insertion formally recognizes Dr. K. N. Modi University, located in Modinagar, Ghaziabad, Uttar Pradesh, and its sponsoring body, the Dr. K. N. Modi Institute of Pharmaceutical Education and Research Trust, within the statutory framework for private universities. Furthermore, the Ordinance includes a provision granting the State Government the power to remove difficulties encountered during the establishment of Dr. K. N. Modi University. This allows for necessary adaptations, including modifications, additions, or omissions to the principal Act's provisions, for a specified period, not exceeding two years from the Ordinance's commencement. Any order made under this power must be laid before both Houses of the State Legislature. The Ordinance came into force upon its promulgation on July 11, 2025.

The legislative intent behind this Ordinance is to facilitate the seamless integration and operation of new private educational institutions into the state's higher education landscape. By amending the Uttar Pradesh Private Universities Act, 2019, the state aims to expand access to quality education and foster academic development. Prior to this amendment, the specific university, Dr. K. N. Modi University, was not formally listed in the Schedule of recognized private universities under the principal Act. The Ordinance addresses this statutory gap by providing the necessary legal recognition, thereby enabling the university to function under the regulatory ambit of the 2019 Act. The inclusion of a "power to remove difficulties" clause is a common legislative mechanism designed to overcome unforeseen practical or legal hurdles that may arise during the initial phases of implementing a new statutory provision or establishing a new entity, ensuring a smoother transition and operational commencement for the newly recognized university. This mechanism, however, is time-bound, reflecting a policy to provide temporary flexibility without creating permanent deviations from the principal Act. The requirement for such orders to be laid before the State Legislature ensures legislative oversight over the executive's exercise of this power. This Ordinance does not repeal any existing provisions but rather expands the scope of the principal Act by adding a new entity to its regulatory framework.

Keywords: Uttar Pradesh, Private Universities, Ordinance, Education, Dr. K. N. Modi University, Legislative Amendment, Higher Education, Ghaziabad

Geo Tags: India, Uttar Pradesh District: Ghaziabad