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

 

 

 

 

 

 

 

 

AICTE lays down Study Leave Guidelines for Teachers

AICTE has laid down comprehensive guidelines for availing Study Leave for the Teachers and other Academic Staff in Institutions approved by AICTE, who have joined the teaching services without without M. Tech./ Ph. D or other higher qualification.

The Guidelines prescribe that Study leave may be granted to pursue for study (M.E./M. Tech./ Ph. D) or research in the relevant discipline after a minimum of three years in regular service including the probation period. Study Leave keeping in mind the availability of teachers in the discipline and the vacant positions so that the regular academic work is not disturbed while granting study leave. Study leave shall be granted by the Institution on the recommendation of the concerned Head of the Department.

The paid period of study leave should be two/three years for Master/ Doctorial level respectively. Two years may be given in the first instance, extendable by one more year for Ph. D program. Any extension beyond the stipulated period shall be treated as leave without Pay.

However, such benefit can be availed only once during the entire service and will not be available to a teacher who is due to retire within five years of the date on which he/she is expected to return to duty. Study leave granted to a teacher shall be deemed to be cancelled in case it is not availed of within 12 months of its sanction. Provided that where study leave granted has been so cancelled, the teacher may apply again for such leave.

A teacher availing Study Leave shall continue to receive scholarship, fellowship or other financial assistance, in addition to the Salary being received by him at his home Institution. However, in the case of an Indian fellowship, which exceeds the salary of the teacher, the salary would be forfeited.

Study leave may be combined with earned leave, half-Pay leave, extraordinary leave or vacation, provided that the earned leave at the credit of the teacher shall be availed at the discretion of the teacher.

Another salient feature of the Scheme is that a teacher, who is selected to a higher post during study leave, will be placed in that position and get the higher scale only after joining the post and shall on his/her return and re-joining the service of the Institute be eligible to the benefit(s) of the annual increment(s) which he/she would have earned in the course of time if he/she had not proceeded on study leave. No teacher shall however, be eligible to receive arrears of increments.

Study leave shall count as service for pension/contributory provident fund purposes, provided the teacher joins back in the Institute on the expiry of his/her study leave.

After the leave has been sanctioned, the teacher shall execute a bond that he/she shall serve the Institute for a continuous period of at least three years to be calculated from the date of his/her resuming duty on expiry of the study leave. If the Faculty, fails to observe the conditions, amount paid to him might become refundable to the Institute

The teacher shall submit to the Head of the Institution, the progress report at a frequent interval of 6 months in his/her studies through his/her supervisor. This report shall reach the Head of the Institution of within one month of the expiry of every six months term of the study leave. If the report does not reach within the specified time, the payment of leave salary may be deferred till the receipt of such report.

EduLegaL View

The purpose of study leave is to enable a Faculty to pursue a course or to undertake research, which would improve his potential to serve the Institution and the Students. In that light, this is really a welcome move and will help streamline that process.

But there are few practical issues, How many of the Institutions, do actually follow this and How many of the teachers, do actually return to the Institutions, which granted the Study Leave. The answer is “very few”, which demoralizes such liberal policies.

Let us see, how this New Policy, takes effect !

Ravi Bhardwaj | mail@edulegal.in

 

AICTE notifies series of reforms, recognises shortage of qualified faculty, allows relaxing PH.D. Criteria, recognises inter-disciplinary learning, and much more …

AICTE had in the year 2010 notified Regulations relating to Pay Scales, Service Conditions and Qualifications for the Teachers in Technical Institutions. In the year 2012, it had also passed Regulations for Career Advancement Scheme for the Teachers and other Academic Staff in Technical Institutions.

However, several issues were raised out of the implementation of these Regulations and Institutions made representations to AICTE, which prompted AICTE to reform the existing Regulations and clarify some issues.

  • Recognising the importance of inter-disciplinary learning, it has clarified that Ph.D acquired from inter- disciplinary Centres/ Departments in relevant area in relevant discipline in which faculty has acquired BE/ B. Tech. and ME/ M. Tech. Degree can be considered by the Institutions.
  • Realising the shortage of competent and qualified faculty, in filed of Pharmacy, it has clarified that qualification of M. Pharm (Quality Assurance) to the post of Lecturer/Asst. Professor in Pharmacology can be considered by the Institution. Similarly, in field of Hotel Management and Catering Technology, it has allowed the Institutions to consider relaxing Ph.D qualification in HMCT Programme due to scarcity of Masters/ Ph.D degree personnel in HMCT.
  • The qualification of Ph.D acquired for the various level of posts directly after B.E/B.Tech. awarded by a University following the process of registration, course work and evaluation etc. as prescribed by UGC or awarded by the Institutes of national importance (i.e. IITs/IISc/ NITs etc.), duly recognized by the MHRD can also be considered for the appointment of faculty/Principal/ Director in Technical Institutions, provided the candidate should have obtained at least first class at Bachelor’s level in Engineering /Technology.
  • MS degree acquired from NIT, IIT and IISC Bangalore etc., can be considered equivalent to ME/ M. Tech., for appointment as Asst. Professor in Engineering disciplines, provided MS degree has been acquired from the Institutes of national importance as recognised by MHRD and the basic degree should be BE/B. Tech. in relevant branch and in case if awarded by an accredited foreign Universities/ Institutions shall be considered provided that the equivalency of MS degree has been approved by AIU.
  • Recognised integrated B.E/B.Tech. Degree, Integrated B/E./B.Tech.-MBA and Integrated B.E./B.Tech.-M.Tech., and Dual Degrees awarded shall be recognised for direct recruitment & promotion of faculty under CAS.
  • It has also laid down guidelines for considering Industrial experience for appointment of faculty. Though it say that working experience in public sector undertaking is preferred, however it clarifies that work experience in private sector can also be considered provided the Industry has a successful continuous standing of at least 10 years. The area of operation of Industry shall be related to the relevant field of discipline. 50% of the total service rendered in industries shall be considered as an equivalent to teaching experience provided total experience is at least 10 years and above.
  • Academic performance index (API) requirement of teachers appointed in Regulatory/ Advisory bodies & Funding Agencies of State/ Central Govt. on deputation/ Lien/Foreign service shall be relaxed and the ACR/self appraisal performance report shall be taken as equivalent to API, provided the candidate has scored at least “Very Good” and above rating in the ACR.

EduLegaL View:

It is good to see that the Regulators have touched the reality and have realized that there is shortage of faculty, according to the qualifications, which have been prescribed by them. This was long awaited measure. Infact this seems to a parallel of acclaimed “economic liberalisation” to “educational liberalisation”.

Ravi Bhardwaj | mail@edulegal.in