4. Withdrawal of recognition.
4.1. Where the AICTE, on its own motion or on any representation received from any person, or any information received from any authority or a statutory body, or on the basis of any enquiry or inspection conducted by it, is satisfied that a Institution has contravened any of the provisions of these Guidelines and orders made or issued there under, or has submitted or produced any information and documentary evidence which is found to be false at any stage or any condition subject to which recognition has been granted, it may withdraw recognition of such Institution in respect of such programme(s) as it may specify, for reasons to be recorded in writing:
4.1.1. Provided that no such order against the Institution shall be passed unless a reasonable opportunity of making a representation against the proposed order has been given to such Institution as per the Approval Process Handbook:
4.1.2. Provided further that the order, of withdrawing or refusing recognition passed by the AICTE, shall come into force with immediate effect.
4.2. If an Institution offers any programme in ODL mode after the coming into force of the order withdrawing recognition under guideline 4.1 or where an Institution offering a programme in ODL mode before the commencement of these guidelines, fails to obtain recognition under these guidelines for offering programmes in ODL mode for academic session immediately after the notification of Guidelines and subsequent academic sessions, the Diploma/ Post Diploma Certificate/ Post Graduate Certificate/ Post Graduate Diploma and Post Graduate Degree obtained pursuant to such program shall not be treated as a valid qualification.
4.3. In the event of any Institution found offering programmes or courses in Open and Distance Learning mode without the approval of the AICTE or in violation of any of the provisions of these Guidelines or orders made there under, the AICTE may-
4.3.1. Issue Show Cause Notice or withdraw the recognition for an academic session or withdraw the recognition, maximum up to next five academic sessions or withdraw the recognition permanently;
4.3.2. Lodge a First Information Report (FIR) against the officials or management of the errant Institution to take action as per law, if in spite of the above, the Institution is found continuing the violations;
4.3.3. Withhold or debar from receiving funding from the AICTE;
4.3.4. Refer the matter to the UGC, State Government concerned or Central Government as the case may be, in case of Universities and Deemed to be Universities; and
4.3.5. Take action as per the provisions of the Act or Guidelines/Instructions/Regulations as applicable for the Institutions.
5. Appeals. – 5.1. Any Institution aggrieved by an order of withdrawal of recognition under Guideline 4.1 may prefer an appeal to the AICTE within a period of fifteen days.
5.2. No appeal after the expiry of the period prescribed, shall be accepted.
5.3. Every appeal made under these Guidelines shall be accompanied by a copy of the order appealed against and payment of such fees as may be prescribed by the AICTE from time to time.
5.4. The procedure for disposing of an appeal shall be as laid down by the AICTE from time to time in the Approval Process Handbook.
5.5. The AICTE may confirm or reverse the order appealed against.
Categories: Education Laws