Planning Panel [Niti Aayog] recommends structure for setting up Foreign University in India

It all started with a proposed full-fledged legislation, then a via-media route was found and Academic Collaboration Regulations was introduced in 2013, which also did not work out to be effective, now it is planned to be part of National Education Policy.

Ministry of Human Resource Development had sought opinion from NITI AAYOG on the issue of permitting Foreign Universities to set up campus in India. A similar question was raised in Parliament.

As opined by NITI Aayog and as submitted by HRM in response to a question in Lok Sabha, NITI Aayog has opined that the road map for the same would involve a four-fold effort viz., (i) raising educational standards and international benchmarking (ii) attracting investment in the higher education sector (iii) leveraging India’s soft power and (iv) strengthening regulation.

MHRD

 

 

It was also informed by HRM that University Grants Commission had proposed fresh regulations for promotion and maintenance of standards of academic collaboration between Indian and Foreign Educational Institutions with a view to streamlining its regulations in the matter.

In so far as the legal structure is concerned, this can possibly be done by:

a] Passing of a new legislation to regulate such Universities, the scope of UGC Act, 1956 presently can regulate Universities set up Central / State Legislature

 b] Possibly amending the UGC [Institutions Deemed to be Universities] Regulations, 2010 and allowing such Universities to start operation as Deemed Universities. This would also require amendment in UGC Act, 1956.

 c] Amending modifying the existing UGC (Promotion and Maintenance of Standards of Academic Collaborations between Indian and Foreign Educational Institutes) Regulations, 2012, relaxing the criteria for twinning arrangements between Indian and foreign institutions to permit joint academic programs.

It was also informed that States were also requested to give their views on this issue under the theme of “Internationalisation of Education” and all suggestions received from States and during other consultation processes have been sent to the Committee for Evolution of New Education Policy.

EduLegaL View

Foreign Direct Investment [FDI] is not a new term for any economy. In fact under the policy framework, the Indian government has allowed 100 percent Foreign Direct Investment (FDI) in the education sector through automatic route. However, due to lapsing legislations, stringent regulations, the Policy has remained only a Policy and has not been exploited.

Higher education has suffered in India due to variable reasons, including quality, regulations, infrastructure etc. Resultantly, a large number of Indian students go abroad for their higher education. The entry of foreign universities will encourage competition, quality and will also provide locally the same international platform for Indian students, which are available outside.

“Brain Gain” and not “Brain Drain” is underlying manifestation of the proposed new Policy.

Ravi Bhardwaj | mail@edulegal.in

 

 

 

 

 

 

 

 

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