UGC Notifies Regulations for Credit Framework for Massive Open Online Courses (MOOCs)

UGC2UGC recognising the need to widen the access to higher education through technology has released the Credit Framework for Massive Open Online Courses (MOOCs) by establishing a indigenous platform of learning, named as SWAYAM (Study Web of Active Learning by Young and Aspiring Minds) and also prescribed regulatory mechanism to allow seamless connect between the online learning and the regular class room learning.

The Regulations, shall facilitate transfer of credits of such students who are enrolled as regular/part-time students in any educational institution in India through ‘Four quadrant approach’, wherein the

Quadrant-I is e-Tutorial: that shall contain: Video and Audio Content in an organised form, Animation, Simulations, Virtual Labs,

Quadrant-II is e-Content: that shall contain: PDF/e-Books/illustration, video demonstrations, documents and Interactive simulations wherever required. •

Quadrant-III is Web Resources: that shall contain: Related Links, Open Content on Internet, Case Studies, An ecdotalin formation, Historical development of the subject, Articles and

Quadrant-IV is Self-Assessment : that shall contain: MCQ, Problems, Quizzes, Assignments andsolutions, Discussion forum topics and setting up the FAQ, Clarifications on general misconceptions.

The ‘National MOOCs Coordinator’ (NMC) a Nation level agency designated under the Regulations, for coordinating the production of the online courses and for overseeing their quality shall identify the Institutions, which desire to offer online courses in the forthcoming semester on SWAYAM Platform. The Institution keeping in view their academic requirements, decide upon the courses, which it shall permit for credit transfer.

However, there are some limitations on an Institution offering course on SWAYAM Platform. The Institution has to show that there is non-availability of suitable teaching staff for running a particular course in the Institution or the facilities for offering the elective papers (courses), sought for by the students are not on offer in the Institution, but are available on the SWAYAM platform and also that the courses offered on SWAYAM would supplement the teaching-learning process in the Institution. In any case, the Institution has to ensure that the physical facilities like Laboratories, computer facilities, library etc, essential for pursuing the courses shall be made available free and in adequate measure by the parent institution. The parent institution must also designate a course coordinator/facilitator to guide the students throughout the course and to facilitate/conduct the Lab/Practical sessions/examinations.

mooc3Every student, aspiring to have credit transfer through MOOC Courses, would be required to register for the MOOCs for that course/paper. Their performance would be evaluated by a host institution and the PI shall be responsible for evaluating the students registered for the MOOCs course launched by him/her. The evaluation should be based on predefined norms and parameters and shall be based on a comprehensive evaluation throughout the length and breadth of course based on specified instruments like discussions, forums, quizzes, assignments, sessional examinations and final examination.

The Regulation, though paves route for online learning, but surprisingly it leaves discretion with the PI to decide on the mode of conducting the final examination, which may also be pen and paper method.

After conduct of the examination and completion of the evaluation, the PI through the host institution shall award marks/grade as per the evaluation scheme and communicate to the students and parent institution, which shall incorporate the marks/grade obtained by the student, in the marks sheet of the student that counts for final award of the degree with the proviso that the programs in which Lab/Practical Component is involved, the parent institution will evaluate the students for the practical/Lab component and accordingly incorporate these marks/grade in the overall marks/grade.

The parent Institution shall give the equivalent credit weightage to the students for the credits earned through online learning courses through SWAYAM platform in the credit plan of the program for the purpose of credit mobility.

UGC has also asked the Universities to amend their Ordinances, Rules, Regulations etc., to incorporate provisions of these Regulations for the purpose of seamless Integration of MOOCs and also has warned them from refusing any student for credit mobility for the courses earned through MOOCs.

UGC shall notify a Standing committee to resolve any issues that may arise in the implementation of these regulations during the transition period of three years.

EduLegaL View:

No doubt it is a good start! and a great leap for wider access to higher education.

But, I think the slowly the “centralized” system of e-learning has to give way for independent online hosting of courses also.

Today there is no regulation in the country, which empowers an Institution to conduct online learning. The proposed Distance Education Council of India Bill makes provision for the same. It is required that regulation should be in place obviously with prescribed standards to allow Institutions to conduct online course, and not just enabling credit transfer.

Ravi Bhardwaj

 

No Examination Centre outside State for Distance Education Institutes: UGC

UGC2UGC has now issued a circular that a Distance Education Institute cannot conduct Examination outside the State of their location or beyond their territorial jurisdiction.

UGC, taking cognizance of the fact that some Institutions / Universities / Institutions Deemed to be Universities are conducting examinations for their Open and Distance Learning (ODL) programmes outside the State of their location or beyond their territorial jurisdiction, in violation of UGC policy on ODL norms and territorial jurisdiction.

UGC feels that such practice of conducting examination outside is wholly illegal and have asked the Institutes to stop setting up examination centres and conducting exams outside the State of their locationexam-centre2
or beyond their territorial jurisdiction.

Edulegal View:

I feel this circular is against the ethos of open and distance learning. What is the harm if one State based Distance Education University, though not operating outside the state, for the convenience of students outside the state, conducts examinations for them outside the state.

Does this circular mean that, a student residing in Punjab but enrolled in a Distance Education University based in UP has to travel all through to UP to give examination, then what is the benefit of open and distance learning?

I can understand that a Distance Education University should not have franchise centres outside the state, that is alright, but why ban examination centres, what is the justification, what are we going to achieve ?

Are we trying to restrict the choice available to a student, because a distance learning student would generally not like to travel distances only for examination purposes. Are we trying to create monopoly or geographical restriction in education sector ?

Ravi Bhardwaj

Read the Notification:

UGC Notice on Examination Centre for Distance Education Institutes

 

 

EduLegaL Analysis of the UGC [Institutions Deemed to be Universities] Regulations, 2016 : Big Positives, Few Drawbacks, Huge Confusion

UGC2The UGC [Institutions Deemed to be Universities] Regulations, 2016 has replaced the UGC [Institutions Deemed to be Universities] Regulations, 2010 and admittedly there are some positive departures.

Some of the salient features / new features of the New Regulations are:

A) Introduction/ recognition of NIRF: MHRD had launched National Institution Ranking Framework (NIRF), last year and also declared the rankings in April this year though the participation in this framework was not substantive. The Regulations seek to recognise NIRF ranking as an eligibility criteria to be declared as a Deemed University. It prescribes that the proposing institution should be in top 20 in any specific category and in top 100 of overall ranking of NIRF.

B) Section 8 company can also be Deemed University: Section 8 companies are basically body corporates established under the Companies Act, 2013 established for charitable purposes. The new Regulations recognises that the proposed Deemed to be University can be a section 8 company which is a positive departure as earlier only Society or Trust were permitted.

C) Full disclosure regarding fee structure: The Regulation puts obligation on the Deemed University to declare its fees and charges in its prospectus and in its website. It also restricts the Universities from charging exorbitant entrance test fees other than recovering reasonable cost incurred in conducting the entrance test.

D) Compulsory publication of prospectus: It has directed all the Universities to publish its prospectus at least 2 months before commencement of classes, a prospectus detailing all the components of fees, refund rules, intake, eligibility criteria, process of selection, details of teaching faculty, ranking and accreditations, physical and academic facilities and infrastructure, syllabus, etc. The said information is also required to be published on the website.

E) Ban on misleading advertisements: The new Regulations has taken cognizance of the ill practice of publishing misleading claims in advertisements relating to recognition, facilities, infrastructure, performance and issued strict warning and instructed that not deemed to be University shall indulge in publishing such misleading claim.

F) Prescription of Timelines: The New Regulations seek to prescribe timelines for the processes involved in declaration of Deemed to be Universities / Grant of Off Campus Centres, which is a good initiative. However, there is no default consequence prescribed and hence the prescription of such timeline will only remain directory and not mandatory.

G) Introduction of Letter of Intent Scheme: The regulations have introduced the concept of Letter of Intent (LOI), which will prima facie indicate that the Deemed University has vested right to start an Off Campus / establish a Deemed University under De Novo Category, provided it starts the operations within 3 years of the issue of LoI.

H) Restriction on Off-Campus/es: No Deemed University shall be allowed to have an Off-Campus within the first 5 years of its operations. However, beyond that it can established 2 off-campuses in any period of 5 years.

I) Academic Reforms: Institutions, under the Choice Based Credit System (CBCS) can have a credit exchange matrix with other UGC recognized institutions for the benefit of their students. It has been mandated that such institutions will review the syllabus every 3 years at least. Industry collaborations and research projects would not need specific approval of the UGC nor would be for new departments in core subjects for which the institution was established.

J) Infrastructure: Some relaxation in the infrastructure requirememts has been made considering that land has been expensive and also is not available easily in abundance. There will be barrier free access for specially abled students in all places. There will also be adequate health care facilities for students, staff and faculty within the campus.

K) Generally speaking otherwise, the provisions of the earlier Regulations have been continued. The other mandatory Regulations like Ragging Regulations, Gender Sensitization, Sexual Harassment Regulations have again been made mandatory through these Regulations.

Sponsoring Society / Government vis-a-vis Deemed University Reforms

Role, Authority and Limitations of Sponsoring Society / Government in a Deemed University has been the major point of struggle between the Deemed Universities and the Government. UGC Regulations of 2010 limited the role of Sponsoring Society to a bare minimum, resulting in litigations in various High Courts, challenging the validity of the UGC Regulations of 2010. Still the proceedings are pending in various High Courts. In fact Karnataka High Court has declared the Regulations to be unconstitutional. Madras High Court has upheld the same, but status-quo has been maintained by the Appellate Court.

The New Regulations has made substantive and positive attempt to reduce this conflict, let us see how:

A) Government Nomination on Board/Council of Deemed University: Earlier, there was a nominee of Central Government to be appointed in consultation with UGC. Similar provision was also for Finance Committee. Under the new Regulations, Government Nomination is restricted only to such Universities, which are controlled and managed by Government or receiving grants more than or equal to 50 % of its expenditure. In all other cases, now UGC will have a nominee.

B) Increased Representation of Sponsoring Society in Deemed University: Under the old Regulations, number of nominees of Sponsoring Society on the Board of Management was limited to maximum of two members. Under the new Regulations, the nomination strength has been increased to four members.

C) President of the Society can be Chancellor of Deemed University: Under the old Regulations, it was mandatorily prohibited that President of the Sponsoring Society or his/her close relatives cannot be Chancellor of the Deemed University. Such restriction has been done away with in the new Regulations, restriction being that the person should be a distinguished academician and the maximum term that he can enjoy is 2 term of 5 years.

D) Provision for Pro-Chancellor: This is an interesting creation in the new Regulations. The Sponsoring Body can also appoint a Pro-Chancellor, who would discharge the function of Chancellor, in his / her absence.

Drawbacks / Regressive Provisions:

Though, honestly admitting it has certainly made few positive departures, but it also has some drawbacks:

A) Restriction on using the word “University”: Though the new Regulations has reformed to some extent this regressive clause, which was also existing in the earlier Regulations, but denying a Deemed University to use “University” as a suffix to its name is certainly regressive. The only consolatory departure being that the expression “deemed to be University” can be used after the name. Not Done !

B) Restriction on conducting Distance Education Programme: It bars Institutions declared as Deemed Universities under or after the Old Regulations to conduct Distance Education programmes. Surprisingly, it says that Institutions, which were conducting such programme can continue to operate. There is no reasonable justification for this disadvantageous distinction. This is arbitrary !

C) Distinction between Government and Private Deemed Universities: One can understand concessions / exemptions in financial incurring when it comes to a Government Deemed University. But at many places unreasonable favour has been given to a Government Deemed University over a Private Deemed University like number / restriction on off-campuses, which are purely academic matters and which should be judged on level grounds.

Confusion and the Chaos

The New Regulations, has also left some confusion and chaos in the Regulatory Regime of Deemed Universities.

A) We all know scores of litigations are pending challenging the Old Regulations on various grounds. In fact considering the diverse geography of challenge and universal applicability of the Regulations, MHRD has preferred Transfer Petition before the Supreme Court. Some of the grounds of challenge has been accepted and remedial provisions included. But some still continue. So what happens to those litigations and the transfer petitions. Will it partially survive or a fresh petition will have to be filed. A Delhi High Court Judgement has also quashed the earlier guidelines. Now the situation is earlier Guidelines are quashed, the Old Regulations are quashed, the New Regulations continues with many of the provisions, which were in the quashed Regulations. So what to follow? I wish Government should have come with clarity on all these issues!

B) There is another huge confusion on applicability of the New Regulations to the old proposals. Though the master provision says that the New Regulations will be applicable, but at the same time it also says that Deemed University should undertaking to that effect and should comply with the Regulations within 2 years. What is a Deemed University denies to file this Undertaking? or takes a stand that many of the provisions are quashed in the earlier Regulations and hence cannot be complied with as it will be illegal. I do not have an answer, the only answer being that there is no clarity !

C) What about the GHOST OF TANDON. They should have clearly denounced Tandon Committee, which involves fate of more than 50 deemed universities today. A clarity would have rest so many issues to rest especially regarding expansion of deemed universities.

Ravi Bhardwaj

 

 

 

UGC Notifies New Deemed University Regulations, replaces 2010 Regulations

ugcUGC, with a view to regulate the process of declaration of institutions as deemed to be universities and to prevent institutions of dubious quality from being so declared so that quality of higher education imparted by Deemed Universities is maintained and is consistent with the ideals of the concept of a university, has notified the New Regulations, replacing the UGC (Institutions Deemed to be Universities) Regulations, 2010 and its subsequent amendments.

UGC has invoked powers conferred on it by Section 26[1] [f] and [g] to frame and notify the New Regulations. The Regulations shall apply to apply to every institution seeking declaration as an institution deemed to be university under the Act as also, albeit prospectively, to an institution which has been declared as an institution deemed to be university under Section 3 of the UGC Act, 1956.

A Copy of the New Regulations : UGC [Institutions Deemed to be University] Regulations, 2016

 

 

Education : An Analysis of Teachers and Teaching Standards

Development of Teacher Education

teEducation in India is long documented and has seen a constant growth from the days of the gurukul system. Historically the guru was the epitome of knowledgeGurur Bhrama, Gurur Vishnu, Gurur Devo Maheshwara, Guru Sakshat Parabramha, Tasmayashree Gurur Namaha,”. The guru was seen as as the manifestation of the lord himself, which encompasses the guru as a guide, expert, master in his field of expertise. He or she was seen as a counsellor who would help mould values and be a source of inspiration in the physical, social, emotional evolution of child. The oldest reference of schooling system are found in the Vedas, where gurukul was the temple of education.

The Modern Education

The advent of the Mughal dynasties, followed by the British education system completely altered the way teachers conducted the teaching. It did bring about a new age perspective to it, however it also eliminated the age old gurukul system in a slow and gradual process. The importance of a structured and approved education system was established with the primary aim to produce support staff. The teachings standards were very high and the teachers competent and importantly respected in the society. This continued till the independence and for the next few decades. The remarkable aspect of this system was that education was restricted to a certain segment of the society and hence the available infrastructure , teaching faculty was complementing the system. The economic growth of the nation brought about important changes and one among them was “education to all”.

A far cry from the previous era where education was the preserve of the few elite, the rapid strides of the nation brought about the need for more and more educated youths to work in the ever increasing industries. The education sector and in particular teacher education felt the pressure of the new demands, the need for English education and private schooling led to a proliferation of teacher training institutes and teaching as a career saw its decline and became a secondary career for those who could not make it in to the main stream job market.

The present day situation has completely transformed the divine perspective of education making it a commercial enterprise, it is no longer a process of acquisition and transmission. According to Adi Shankaracharya “A teacher is one who is endowed with the power of furnishing arguments and understanding the questions of students, the teacher possesses tranquillity, self control, compassion and desire to help others, he is one versed in shruti text and unattached to pleasure his sole aim is to help others and impart knowledge”.The development of education system over the centuries from Ancient, through Medieval and then to modern times shows a significant shift towards teaching as a profession. The social standing of people who pursue education as a profession has reduced in comparison to other professions. The availability of jobs in ITES sector and Hospitality offer more compensation than the teaching profession where the qualifications required are much higher.

The post independence history of teacher education has shown a steady decline where other professions are in front line. Over the past three decades there has been a continuous deterioration in teaching as a profession and teacher education. Teaching has turned out to be the resort of the last in the order of merit. The desire of every parent to see his child channelised to the professions like medicine, engineering and government service has left teaching to a secondary career. The profession has been pushed in the list of the least lucrative professions, the problem has become more acute where teaching as a career does not exist and it is assuming the status of a supplementary career mostly limiting itself to housewives who pursue BEd through correspondence in Open Universities and then assume the onerous task of teaching the children of this nation.

The policies of the government which desires education to be accessible to one and all irrespective of the biases existing . This does not take into account the quality of teachers who are being recruited to achieve this vision of “sarv shiksha abhiyan”. A study of this once holy profession across small towns to large cities reveal the same pattern where there is a proliferation of Government and English medium private Schools with faculties whose basic credentials are questionable, leading to introspect the quality of education which these teachers impart to the pupils. This aspect brings about two particular dimensions to our existing education system, Firstly mushrooming of coaching institutes to support those students in their quest for education, high end faculty help students in clarifying basic doubts to concepts which ideally should have been handled by their school teachers. It has given rise to a parallel education network which is supplementing education provided by regular schools. Secondly, The recent studies reveal that the graduates we produce are not employable as they lack basic skills. It reinforces the fact that our education system needs an overhaul.

THE WAY FORWARD

rteThe Right to Education as a tool of empowerment  The Constitution’s (eighty sixth amendment) Act 2002 inserted article 21A to the Constitution of India to provide free and compulsory education up to the age of 6 to 14 years as a Fundamental Right. Right to Education 2009 implies full time elementary education of satisfactory and equitable quality in a formal school that satisfies certain norms and standards. This has come into effect from 01 April 2010. The Act significantly highlights the following aspects:

(a) Free and compulsory education till completion of elementary stage.

(b) Specifies duties of appropriate government authorities to lay down norms and standards relating to pupil teacher ratio, infrastructure, school working days , teacher working hours.

(c) Provides for rational for deployment of teachers only in census and election duties.

(d) Provide for appointment of appropriate trained teachers and teachers with apt     qualification.

(e) Prohibition of physical punishment and mental harassment.

(f) Prohibition of screening for admission for children and capitation fee.

(g) Prohibition of private tuition by teachers.

The economic and social development of the country cannot be achieved by merely passing laws and statues but to take concrete steps in a phase wise manner to regulate teacher education in the country. One of the foremost step to be taken is implementation of the NCTE Act 1993 in letter and spirit throughout India. The need for grass root reforms to maintain the quality of intake in the pre service programmes and effort be made to develop teacher education institutions on the lines of IITs, IIMs and in the recent times the emergence of National Law Schools, where a common admission test be conducted on a nationwide basis to attract the best inputs into teaching and aid in achieving higher standards of education. An effective audit cum survey of the educational institutions under SSA to encompass rural, semi urban and urban areas to culminate into grading of institutions by NAAC like body. This could be done within a definite period of establishment of an institution and at subsequent periodical intervals to encourage performance linked appreciation.

A concerted effort on the part of Government to ensure that remuneration offered to teachers particularly in private educational institutions are at par with other professions, along with Dignity, Respect, and Self esteem of the teachers.

Teacher education should turn out to be an encounter of identification and invention of teacher training procedure that produced desired behaviour in prospective teachers a scaffolding of future teachers can only ensure a strong teaching faculty that can in turn groom the future of India into intellectually, socially, emotionally, and ethically strong individuals and citizens.

Anjana Antony

anjana.robin@gmail.com

Now, racial, ethnic and casteist remarks also ragging: UGC amends the Regulations

In light of recent unfortunate incidents and for some time now, UGC was contemplating to make any acts which demeans a person on basis of his race, sex or caste an act of ragging and finally it has amended the Ragging Regulations to comprehensively include all kinds of offences relating to race, caste, creed or sex of a person.

UGC2UGC, by Gazette dated 29.06.2016, has amended Clause 3 of UGC Regulations on Curbing the menace of Ragging in Higher Educational Institutions, 2009, which defines “Ragging” and has added the following clause:

3(j). Any act of physical or mental abuse (including bullying and exclusion) targeted at another student (fresher or otherwise) on the ground of colour, race, religion, caste, ethnicity, gender (including transgender), sexual orientation, appearance, nationality, regional origins, linguistic identity, place of birth, place   of residence or economic background.

Taking cognizance of this heinous crime, the Hon’ble Supreme Court in the matter of “University of Kerala v/s. Council, Principals, Colleges and others” had constituted a Committee to address the issues of ragging and also frame regulations to arrest the menace of Ragging. UCG in the year 2009, with the objective to prohibit, prevent and eliminate the scourge of ragging had notified UGC Regulations on Curbing the menace of Ragging in Higher Educational Institutions, 2009.

The Regulations, broadly define “Ragging” as any conduct which has the effect of teasing, treating or handling with rudeness a fresher or any other student which causes or is likely to cause annoyance, hardship or psychological harm or to raise fear or apprehension thereof and which has the effect of causing or generating a sense of shame, or torment or embarrassment so as to adversely affect the physique or psyche of such fresher or any other student, with or without an intent to derive a sadistic pleasure or showing off power, authority or superiority by a student over any fresher or any other student. This includes disrupting studies, financial extortion, sexual abuse etc.

A student who is found guilty of ‘Ragging’ may be suspended from attending classes and academic privileges. The Regulations also provides that the Institute can also withhold scholarship/ fellowship and other benefits or debarring them from appearing in any test/ examination or other evaluation process and withholding results. In extreme cases, it may also result in cancellation of admission or rustication from Institution.

The Regulations recognizes that the Institution has vital role to play in curbing the menace of Ragging and hence it has warned the Institution that it fails to take action in case of Ragging then the Commission may withdraw any allocated grants and declare that the erring Institution is ineligible for consideration for any assistance and it does not possess the minimum academic standards. In extreme cases, it may also lead to withdrawal of affiliation / recognition.

UGC has also launched a dedicated website for this purpose: www.antiragging.in. According to the statistics available on the website, since the year 2009, a total of 3343 complaints have been lodged till date.

Out of this total complaint, 192 Complaints have been lodged from State of Maharashtra. Further studying it Gender Wise, it is seen that out of 192 Complaints made in Maharashtra, 159 Complaint has been made by Male Students and 33 Complaints have been made by Female Students.

The Highest Complaints have been lodged from State of Uttar Pradesh [692] followed by West Bengal [432] and Madhya Pradesh [372].

The Initiative by UGC has resulted in closure of 1991 Complaints, while 17 are active In Call Centre, 19 Complaints are being actively considered by Monitoring Agency, 45 Complaints are pending with UGC and 22 Complaints are pending with other Regulatory Authorities.

EduLegaL View:

Ragging is worst possible heinous crime, which affects the youth and has to be tackled at all levels. Government has made laws and regulations to address the situation and problem has been arrested to a substantial extent.

The amendment in the Regulations to protect a person from any conduct of physical or mental abuse relating to caste, race, sex of a person is also found in Article 15 and 16 of Constitution of India and the amendment further propogates the mandate of the Constitution.

Good One !

Ravi Bhardwaj

 

Granting Admission without affiliation has become disease leading to disaster: Supreme Court

…………………. The stand of the University is that the appellant College has admitted students without having the necessary affiliation for the academic session 2015-16. This kind of conduct has become a disease, and when the conduct becomes a disaster, it is a disastrous phenomenon. ………..

SC1

Supreme Court has equated the practice of granting admission in absence of affiliation or in anticipation of affiliation, as a disease and has also cautioned that such disease has potential to become a disaster.

The Court was hearing an Appeal filed by a College against concurring Judgement of Allahabad High Court, refusing to consider the case of College for extension of earlier approval or admitting students, as the College, within the timelines prescribed by the Supreme Court, could not secure affiliation.

The College was earlier granted provisional affiliation for a period of 3 years, later it applied for constituting an Inspection Panel for granting permanent affiliation to the University. An Inspection Panel was constituted to submit status report and report was also submitted. However, as per time schedule prescribed by the State Government, the Inspection Report was not received within the prescribed date. In the absence of the required Inspection Report, the University did not grant permanent affiliation to the appellant. No appeal was preferred before the State Government.

The College being aggrieved preferred a Writ Petition before Allahabad High Court, which declined to interfere. Being dissatisfied with the order passed by the learned Single Judge, the College preferred Special Appeal before the Division Bench.

It was urged before the Division Bench that application for grant of permanent affiliation in respect of subjects was made well within time and the Committee had recommended extension of temporary affiliation but there had been failure on the part of the University, which had caused grave prejudice to the college.

Allahabad-High-CourtThe Division Bench noted that the State Government has formulated a time-frame for consideration of applications for affiliation and a person aggrieved by the decision taken by the University was entitled to prefer an appeal against the same to State Government. In the facts of the case the affiliation was neither granted by the time fixed nor was any appeal preferred before the State Government Being of this view, it dismissed the intra-court appeal. Hence, the College approached the Supreme Court.

The Supreme Court refused to consider the prayer of the Appellant College stating that in light of time schedule, benefit cannot be extended, as the College has not maintained the time schedule fixed by the State Government pursuant to judgments of Supreme Court.

However, Supreme Court was faced with another difficulty to deal with the career of the students, who were already admitted in the College, in absence of affiliation. The Supreme came down heavily on such practice and observed that, “This kind of conduct has become a disease, and when the conduct becomes a disaster, it is a disastrous phenomenon.”

 While dismissing the Appeal, the Supreme Court observed that, “the University shall consider the application for affiliation, if not considered already, within a span of four weeks and, if the affiliation is granted, the students who had been granted admission shall be treated as students as admitted for the academic session which would be covered by the affiliation to be granted in future. We have so directed so that the appellant College would not be in a position to admit any other student after affiliation is granted.”

 EduLegaL View:

Fixing timelines for affiliation and admission process was certainly a welcome change at the instance of Supreme Court. But in some cases, the authorities acting in adhoc and arbitrary manner deny the right to an Institution, with an argument that, “If you think I am wrong, go to Court”. The Institute then goes to Court, hires lawyer, attends hearing in anticipation of justice.

As an Institute is made to suffer even in genuine cases, shouldn’t the concerned office or authority be also held accountable for acting in adhoc and careless manner. There has to be balancing of roles. Only the Institution cannot keep suffering.

Ravi Bhardwaj | mail@edulegal.in