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Education Law
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EduLegaL is a group of focussed professionals offering effective solution to all kinds of educational institutions at all levels of the Education system in India. EduLegaL, one of the first of its kind in India, is catering to some of the biggest participants of this sector by anticipating their needs and partnering in their continued progress.
EduLegaL is a group of focussed professionals offering effective solution to all kinds of educational institutions at all levels of the Education system in India. EduLegaL, one of the first of its kind in India, is catering to some of the biggest participants of this sector by anticipating their needs and partnering in their continued progress.

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On Challenge by Standalone Institutions in High Court, UGC again amends the Distance Education Regulations

http://www.edulaws.com/ugc-amends-odl-regulations/

On 23.06.2017, UGC notified the #UGC [Open and Distance Learning] Regulations, which was notified after 4 years of publication of the #ODL Draft #Regulations in 2013. Within 6 days it had to issue a clarification that notwithstanding the prohibition contained the ODL Regulations, #Universities which were given #recognition for the year 2017-18, shall continue to admit #students. Thereafter, taking cognizance of the technical difficulty in operationalising the Regulations for the year 2017-18, UGC decided to suspend these Regulations for the academic year 2017-18 and make it operational only from 2018-19.

Regressively, the Regulations dealt a big blow to the #Standalone Institutions. Regulation 19[2] of the UGC Regulations prescribed that they cannot admit students beyond the #academic year 2016-17, which meant they were asked to shut down.

However, some of the standalone #Institutions challenged the legality and validity of the Regulation 19[2] of the UGC [Open and Distance Learning] Regulations, 2017 interalia seeking interim relief that they should be allowed to continue admitting students for the academic year 2017-18. It was prayed to the Court that it should direct #Government of #India and UGC to consider constituting, #Distance #Educational Council of India, which was recommended by the #Madhav Menon #Committee.

The High Court after hearing the #Petitioners, allowed the Interim Relief of the Standalone Institutions and permitted them to admit students for the academic year 2017-18. The Respondent Government of India and UGC during the hearing also informed the Court that they are considering to amend the UGC [Open and Distance Learning] Regulations, 2017.

In terms of submissions made before the High Court, UGC has notified the University Grants Commission (Open and Distance Learning) (First #Amendment) Regulations, 2017, thereby amending the Regulation 19[2] to give effect to the order of the Hon’ble High Court.

However, the breathing life for another academic year 2017-18 has come with the same rider as earlier, that the Standalone Institutions shall get converted to #University failing which, the Commission shall not accord any #approval to the Open and Distance Learning programmes of Standalone Institutions.

The High Court shall hear the matter further on 18.12.2017.

#EduLegaL View:

The Regulations are also contrary to the “Right of Equality” enshrined in Article 14 of the #Constitution, as neither there is any rationale nor there is any intelligible differentia in discriminating between a #Central / #State / #Private University, a Deemed to be University, on one side and a Standalone Institution, on another side imparting education through Distance mode. Further, the decision of barring Standalone Institutions from imparting education through Distance mode has no nexus with the #object sought to be achieved by the ODL Regulations 2017, in fact it frustrates the object.

Standalone Institutions like in Distance Education have historically been part of different educational streams in our country like #Management, #Nursing, #Pharmacy and are managed by different statutory authorities created under different statutes and, therefore, there is no reason why “Standalone Institutions” cannot be allowed to participate in the ODL system, like others.

#edulegal #edulaws #ravibhardwaj #educationlaw #MHRD #educationnews #alerts #breaking #highcourt #distanceeducation #distancelearning #openanddistancelearning
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Distance Learning 2017 Regulations now to be operational from 2018: UGC realises the error

http://www.edulaws.com/odl-2017-regulations-now-operational-2018/

On 23.06.2017, UGC notified the UGC [Open and Distance Learning] Regulations, which was notified after 4 years of publication of the ODL Draft Regulations in 2013. Within 6 days it had to issue a clarification notwithstanding the prohibition contained the ODL Regulations, Universities which were given recognition for the year 2017-18, shall continue to admit students. Now, yesterday, UGC has decided to suspend these Regulations for the academic year 2017-18 and make it operational only from 2018-19.

EduLegaL View:

I feel that instead of notifying these piece-meal regulations, which covers some and does not cover all, the Government should consider establishing a Distance Education Council of India, which will be a statutory body, like AICTE, MCI, NCTE, etc.

The Regulations, in its present form in case highly discriminatory towards private participation. To start with a Private University is eligible to conduct ODL Courses only after 5 years of its existence and then they too have NAAC Grade also. These conditions have been waived for Open Universities, which are majorly controlled by Government. And further these Private Universities will have to offer the courses proposed to be conducted under ODL Mode in conventional mode as well.

Ravi Bhardwaj | mail@edulegal.in

#edulegal #edulaws #ravibhardwaj #distancelearning #ODL #distanceeducation #openanddistancelearning #UGC #mhrd #education #educationlaw #news #breaking #justin #alerts #educationnews #regulations #AICTE #MCI #NCTE #students #openuniversities #privateuniversities
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NAAC revises it Grading System and Process, Students get say in Accreditation of Institutes

NATIONAL ASSESSMENT AND ACCREDITATION COUNCIL (NAAC), an autonomous body established by #UGC to assess and accredit institutions and the grade the Institute has revised its assessment and accreditation process and now the fresh applications will have to follow the revised process. One of the major features of this process of seeking response / feedback from the #students about the information submitted by the Institutes and then giving #weightage to the student’s response.

Under the new Assessment and Accreditation Process, the Institutions depending upon their #eligibility shall submit Institutional Information for #Quality Assessment [#IIQA] and prepare the Self Study Report [#SSR]. The Institutions, once SSR is prepared shall publish the same on its #website. It is at this stage that a new element of #student response and #feedback has been introduced on the information, which has been submitted to NAAC and a student satisfaction will also be conducted.

#NAAC will then independently verify and validate the information which has been given by the #Institutes. Once the data is verified and certified then the process of #assessment and #evaluation will start only for those #Institutions, which have qualified the assessment #criteria. This will be followed by #onsite assessment and gradation.

Some of the salient features of the new system involves, External Verification and validation of data and also System #validation, which is a great step towards #strengthening the process. The pre-qualification will also be system based, reducing human #intervention. This also reduces the role of #PeerTeam to a greater extent.

As part of the Student Satisfaction Survey, naturally the Institutes will have to share the contact the details and other data of students with NAAC. Most importantly now the 70 % of the gradation assessment will happen only on the basis of data, #data verification and student satisfaction survey, reducing the Peer Team contribution to 30 %.

NAAC had stopped receiving #application for assessment and accreditation process after 31st March 2017 and it will commence for the #Universities now, after implementation of the new grading system. The system was stopped to carry out an overhaul of its grading system, as there was lot of complaint in the accreditation process more particularly related to field visits of peer teams.

#EduLegaL View:

This is a pathbreaking step taken by NAAC and we welcome it !

Taking feedback / response from students and giving it weightage is a global practice, however it was eluding India until now. This will bring “truth” to the quality claims of the Institute.

Until now in the present system, Peer Team assessment which accounted for 100 % value in terms of weightage, consisted mainly of teachers and professors from other Universities / #Colleges. With all due respect, the members obviously apart from their #academic experience did not any #specialisation of conducting accreditation work. With the external and system based verification and validation process, #certification of data will gain strength.

Der Se Aaye, Lekin Durust Aye !

#mhrd #education #educationnews #educationalerts #alerts #justin #breaking #students #registrar #vicechancellor #educators #edulegal #edulaws #ravibhardwaj #educationlaws
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Distance Learning Rules: Under pressure UGC issues clarification, Admissions Open for 2017-18 now

http://www.edulaws.com/oldclarification/

Few days ago, #UGC notified the UGC [#ODL and #Distance #Learning] Regulations, 2017 supposed to be pathbreaking initiative in #streamlining the distance education system in the country. But due to some poor #provisions, there was huge protest and UGC has been forced to issue #clarification restoring the provision granted to #Universities for 2017-18, which it had nullified in the notified #Regulations.

#EduLegaL View:

No doubt the Regulation scores high on ensuring quality, delivery, curriculum, assessment and other issues, but for sure it lacks vision and clarity in many sense. This roll back is classic example of lack of vision.

I do not know, whether these Regulations was to promote Distance Education or only to regulate Distance Education. I think later is true because I am not able to find any in this Regulations, which promotes distance education.

#UGC #MHRD #notification #notice #publicnotice #students #colleges #admissions #edulegal #educationlaws #edulaws #ravibhardwaj
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UGC notifies Regulations for Distance Education Institutes: More Pain than Gain

http://www.edulaws.com/ugc-notifies-odlregulations/

#UGC has finally notified the much-awaited #Regulations to govern the Open and Distance Learning in India laying down the minimum standards of instruction for the grant of degree at the undergraduate and post-graduate levels, through #Open and #Distance #Learning mode.

#EduLegaL View:

If the Regulations are to be read, then there will no distance #education courses and admission for the year 2017.

Secondly, the biggest sufferers are #standalone #institutions. The Regulations has given them a death blow. They can function only till the time their present #permission is valid and not thereafter.

Another blow to #PrivateUniversities, which will be eligible to run Open and Distance Learning Programmes, which have been conducted by the university in conventional mode for a minimum period of five years.

Lastly, the most draconian provision, now onwards for any Institution, other than an Open University to start a Distance Education Institute, should offer similar programme in the conventional mode of classroom teaching.

Ravi Bhardwaj | EduLegaL

#edulegal #edulaws #educationlaws #law #policy #distanceeducation #ODL #openanddistanclearning #students #colleges #admission #news #alerts #ravibhardwaj
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Medical Admissions in Deemed University: UGC issues direction for All India Quota Counselling

http://www.edulaws.com/medical-admissions-in-dus/

UGC in a further bid, to ensure transparency in medical admissions, has directed 34 deemed universities to participate in the common counselling conducted by the Director General Health Services (DGHS) for admission in undergraduate medicine courses for the All India Quota.

#EduLegaL View:

But what happens to remaining 85 % seats in Deemed Universities? Since the Supreme Court has held that the “Deemed Universities” have ALL INDIA CHARACTER, will the same also go to DGHS, this needs clarity, as I believe “domicile” concept may not be relevant to Deemed Universities. Or it may also happen that State Government may ask the Deemed Universities to surrender their 85 % quota.

Secondly what happens to medical admissions in Private Universities established by state legislature? They also stand at the same par with the self-financed deemed universities. Why this discrimination or rather why this vagueness? #Government need to clarify on all these issues.

Ravi Bhardwaj | EduLegaL

#medicaleducation #medicaladmission #CBSE #UGC #NEET #students #colleges #universities #deemeduniversities #privateuniversity #privateuniversities #deemeduniversity #deemedvarsity #colleges
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UGC proposes Regulations prescribing Gradation of Universities, granting academic and operational autonomy

http://edulaws.com/ugc-regulations-gradation-academic-operational-autonomy/

#UGC, the apex Regulating Body for #HigherEducation, has proposed ‘UGC (Categorization of #Universities for Grant of Graded #Autonomy) #Regulations #2017’, which aim to divide all UGC-recognised public, private and deemed universities into three categories, based on parameters relating to grades / ranking by #NAAC / #NIRF. UGC has further proposed to amend other Regulations, which grant academic and #operational autonomy to these Institutions depending on the #grading.

According to the proposed Regulations, Category I, will comprise of those Universities, which have either accredited by NAAC with a score of at least 3.5 or ranked in the top 50 institutions of National Institutions Ranking Framework (NIRF) for two consecutive years. To be eligible for ‘Category II’, universities should either have been accredited by NAAC with a score between 3.01 and 3.49 or ranked between 51 and 100 in the NIRF ranking. Any University, which is not falling in Category I and II, will fall in Category – III.

The most notable departure is in the case of #inspection and review of the Category I Institutions, wherein in case there is requirement of any external #review by the Commission then it would be sufficient that the #institution sends a #report to the Commission in a prescribed review format. Similarly, for a Category II institution, the review can be done by the Institution itself through external peer review #mechanism wherein the peer team members shall be chosen by the Institution themselves from representatives of Category I institutions, and the review report shall be sent to the Commission after completion of the review.

In terms of #academic autonomy, the Scheme for Autonomy of Graded Universities, proposes that a Category I institution may start a new #course/ #programme/ #Department / #school/ #centre in self financing mode in disciplines that form a part of its existing academic #framework without approval of the Commission. A Category I institution may also start skill courses under the guidelines of #Ministry of #SkillDevelopment in self-financing mode without approval of Commission.

UGC has also proposed to give impetus to #research and #innovation culture by allowing Category I institution to open research parks, #incubation centres, university society linkage centres, in self financing mode, either on its own or in #partnership with private partners, without approval of Commission.

All Category I and Category II institutions would be automatically deemed to be under section 12B of the University Grants Commission Act and no inspections by the Commission would be required for the same.

A Category I institution may hire, without approval of the Commission, foreign #faculty upto 20% of its total faculty strength. The #remuneration for such a faculty shall be based on mutual agreement between the Institution and the hired faculty.

Similarly in terms of #International Collaborations, Category I Institution, will now require prior approval of Commission for academic tie ups with Foreign #Educational Institutions. However, Category – II Institutions, will require the approval of the Commission.

A Category I Institution would be free to admit, without approval of the Commission, additionally #foreignstudents on merit subject to a maximum of twenty percent of the strength of admitted domestic students. The Institution would be free to fix and charge fees from foreign students without restriction.

A Category I Institution, while following the #payscales as laid down by the Commission, may build in an #incentive structure to attract talented faculty. Such incentive structure shall be strictly merit based with clear defined transparent and objective criteria and should not be universal.

The biggest beneficiaries in case of private sector Institutions, seems to be the Deemed Universities. A category I Deemed University, may conduct joint academic programme(s) with other Universities / institutions deemed to be universities in India and abroad without the prior approval of the Commission. A Category I institution or a Category II institution with accreditation above 3.25 may offer courses in the open and #distancelearning mode provided it satisfies all the conditions laid down under UGC (Open and Distance Learning) Regulations, 2017.

Similarly, the Deemed Universities, which are categorised in I category, now shall not be limited in terms of #offcampus, which are earlier limited to five in number.

#EduLegaL View:

Good! Great!

This is a bold step in #liberalising the educational eco-system of the country. UGC has finally realised that excellence cannot be achieved by regulations and it can only be achieved by a sufficient grant of autonomy to the Higher Education Institutions.

Academic and Operational Autonomy is one of the many facets of the fundamental right to establish and administer an educational institution, and the proposed regulations seeks to achieve those #manifestations.

Ravi Bhardwaj

#good #great #educationalsector #educationforall #news #notification #policy #law #reforms #breaking #justin #alerts #edualerts #ravibhardwaj #educationlaw #edulegal
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UGC withdraws direction to disclose Aadhar details for Ph.D. Scholars

http://edulaws.com/ugc-withdraws-direction-to-disclose-aadhar-details-for-ph-d-scholars/

#UGC by issuing a Public #Notice has decided to withdraw the order to all the Universities to make #Aadhar details of #PhD scholars public, saying publishing and displaying the unique #identification number is prohibited.

The #Commission, in its 521st Meeting held on 22nd February, 2017, has decided to request all the #universities to upload data regarding Ph.D. on their website on the #parameters mentioned in the proforma attached alongwith and therefore by letter dated 10.03.2017, UGC had asked all #universities to upload the details of PhD scholars on their #websites in a #proforma prescribed by it. The details sought in the proforma included PhD #registration number, details of supervisor, funding agency (if any), topic of #research and Aadhaar number.

Ravi Bhardwaj | mail@edulegal.in

#edulaws #edulegal #educationnews #alerts #justin #breakingnews #Breaking #highereducation #grants #scholarship #students
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NAAC moots continuous Academic and Administrative Audits

http://edulaws.com/naac-moots-continuous-audits/

National Assessment and Accreditation Council [NAAC], in deviation of its 5 year Audit has now proposed continuous Academic and Administrative Audits for improving quality for different levels of Higher Education Institutions (HEIs) and for its sustenance.

EduLegaL View:

Now this is called Reform !, I have always said that this 5 year Cycle business is good but not good enough to create world class #Institutions.

Assessment of Quality is certainly an important action, however, to my mind, more important is retention and maintenance of quality. Accreditation by NAAC now is one time #process and hence it is natural that an Institutions prepares well for the same, but it is this proposed Academic Audit, which will ensure continuation of quality in the institution and also the justification to the grade that it has achieved.

#naac #reforms #audit #academic #administrative #accreditation #assessment #universities #highereducation #hei #institutes #university #colleges #excellence #policy
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