The West Bengal Universities and Colleges (Administration and Regulation) Act, 2017

22nd March, 2017.

(Act No. 7 of 2017)

The following Act of the West Bengal Legislature received the assent of the Governor and was first published in the Kolkata Gazette, Extraordinary, of the 22nd March, 2017.

An Act to provide better administration and to improve the quality of education in the State-aided higher education institutions in West Bengal and for such other matters connected therewith and incidental thereto.

Whereas, it is considered necessary and expedient to improve the functioning of the State-aided Universities and Government-aided colleges of West Bengal, and to bring about a certain uniformity and standardisation in the rules, practices and procedures of these educational institutions, and to ensure efficient and optimum utilisation of the resources at their disposal, and to clearly define the rights and duties of the various stakeholders as well as address their service and welfare-related issues, and to bring in greater responsibility, transparency and accountability among the managements and employees of the said Publicly-funded higher education institutions while respecting their need for institutional-autonomy, and to effect a synergistic functioning among the State Government, the State-aided Universities and Government-aided colleges so as to achieve an efficient and vibrant higher education system, and for such other matters connected therewith and incidental thereto;

It is hereby enacted as follows :-

CHAPTER I

Preliminary

1. Short title, extent and commencement. – (1) This Act may be called the West Bengal Universities and Colleges (Administration and Regulation) Act, 2017.
(2) It shall extend to the whole of West Bengal.
(3) It shall come into force on such date or dates as the State Government may, by notification in the Official Gazette, appoint.

2. Application of the Act. – This Act shall apply:-
(i) to all Universities established by or under any Act of the State Legislature and are receiving financial assistance from the State Government in any form; and

(ii) to all colleges including Colleges run by minorities, subject to specific provisions and exceptions made under this Act, and the provisions of the Constitution of India and which are receiving financial assistance on a regular basis from the State Government through the Pay Packet Scheme.

3. Definitions. – In this Act, unless the context otherwise requires;-

(i) “academic year” comprises of a period throughout which academic instruction is being given to a student in a particular Calendar year;

(ii) “actual income” in relation to a college, means the income actually realized by a college by way of tuition fees, fines and other charges from the students, by whatever name called;

(iii) “affiliated” in relation to a college, means affiliated to a University;

(iv) “Administrator” means an administrator of a college appointed by the State Government or by the affiliating University;

(v) “appointing authority” shall, for the purpose of this Act mean, the authority empowered to make appointment of any person in any post in any college or in any University in a prescribed manner;

(vi) “college” means a Government-aided college but shall not include a private or self-financing college;

(vii) “college authority” means the Governing Body or the Managing Committee or any other body, by whatever name called, charged with the management of the affairs of the college and shall include an Administrator for the purpose of this Act;

(viii) “Service commission” means the West Bengal College Service Commission constituted under the West Bengal College Service Commission Act, 2012 and such other Service Commission as may be constituted by the State Government;

(ix) “Director of Public Instruction” means the Director of Public Instruction, West Bengal, as appointed by the State Government, by order;

(x) “employee” means the employee of a college or a university including teachers, librarians, officers and non-teaching staffs;

(xi) “fee” means all fees including tuition fee and other charges, by whatever description called;

(xii) “Governing Body” means the Governing Body of a college duly constituted as per the prescribed procedure, and includes any managing committee or any other body for that purpose;

(xiii) “Government-aided college” means a college receiving grants from the State Government under the pay packet Scheme irrespective of the fact that the administration of such a college is run by a minority, but does not include a Government College;

(xiv) “Minority college” means a college which is run and administered by a minority, whether based on religion or language, declared and approved as such by the State Government or any other appropriate authority, as the case may be;

(xv) “Non-teaching employee” means an employee appointed in a sanctioned post of a college or of a University not holding any teaching post or officer’s post;

(xvi) “prescribed” means prescribed by rules, orders, notifications made by the State Government under this Act;

(xvii) “Principal” means the Principal of a college and includes a Vice-principal or a Teacher-in-Charge for the purposes of this Act;

(xviii) “Pay Packet Scheme” means the scheme of the State Government for the purpose of releasing periodical salaries and allowances to the teachers and other employees of a college in such manner as may be prescribed;

(xix) “State Government” means the Government of West Bengal in the Higher Education, Science and Technology and Biotechnology Department;

(xx) “Students’ Body or Union” means duly-constituted students’ body or union, as the case may be, of a college or of a University;

(xxi) “Teacher of a college” means a Principal, an Assistant Professor, Associate Professor or Professor holding a sanctioned teaching post in a college and includes Librarian and Graduate Laboratory Instructor and such other posts as may be determined by the state Government from time to time;

(xxii) “Teacher of a University” means an Assistant Professor, Associate Professor, holding a sanctioned teaching post including Librarians in a university and such other posts as may be determined by the State Government from time to time;

(xxiii) “University” means a University constituted by an Act of State Legislature and receiving regular financial assistance from the State Government;

(xxiv) “vice-Principal” means a person, who shall discharge the functions of the Principal in his absence, and to be appointed as such of the State Government from amongst the teacher of college in such manner and on such terms and conditions, as may be prescribed.

CHAPTER II

Administration of Colleges

4. Governing Body of Colleges. – (1) There shall be a Governing Body in every college to be constituted in the manner and procedure provided under the provisions of this Act.
(2) Notwithstanding anything contained in any other law for the time being in force or in any custom or usage to the contrary the constitution, powers and functions of the Governing Bodies for all colleges shall be uniform irrespective of the nature of their promoting or sponsoring bodies:

Provided that the Government-aided colleges run by minorities may adopt their own rules regarding constitution, powers and functions of their Governing Bodies with the approval of the State Government.

(3) Notwithstanding anything contained in any other law for the time being in force, or in any custom or usage to the contrary, the State Government shall have power to dissolve the Governing Body of a college, other than the college run by minorities, if, in the opinion of the State Government that the Governing Body of such college is unable to perform its functions as per provisions of this Act or the statutes of the affiliating University, or the continuance of the Governing Body or any of its members in such Governing Body is detrimental to the interest of the college, and in every such case, the State Government may appoint an Administrator in place of the Governing Body who shall discharge all functions for such period as may be determined by the State Government or until constitution of a new Governing Body, whichever is earlier.

(4) The affiliating University shall, in every such case, take steps to constitute the new Governing Body of such college referred to in sub-section (3) within such time as may be prescribed.

5. Constitution of the Governing Body. – (1) Notwithstanding anything contained in any other law for the time being in force or in any custom or usage to the contrary, the Governing Body of every Government-aided College shall consist of the following members, namely:-
(i) the President shall be a person interested in education, and shall be nominated by the State Government from amongst the members of the Governing Body or from outside:

Provided that the employees or the students of the concerned college shall not be eligible for nomination as President;
(ii) the Principal or the Vice-Principal or the Teacher-in-Charge, as the case may be, of the concerned college, who shall act as the ex Officio Secretary to the Governing Body;

(iii) three whole time regular teachers including librarians and Graduate Laboratory Instructors, to be elected from amongst them;

(iv) one non-teaching employee to be elected from amongst them;

(v) two persons to be nominated by the State Government and one person to be nominated by the West Bengal State Council of Higher Education constituted under the West Bengal State Council of Higher Education Act, 2015 respectively;

(vi) one representative from amongst the donor of the college or from the sponsoring body promoting the establishment of the concerned college;

(vii) two persons to be nominated by the affiliating University from amongst eminent educationists, of whom at least one shall be a woman;

(viii) one student representative, who shall be the General Secretary of the duly-constituted Students’ Body or Union, as the case may be, of the college.

(2) All existing members of the Governing Bodies which were constituted immediately preceding the dite of coming into effect of this Act shall continue to be the member of such Governing Body until the normal tenure of the Governing Body expires by efflux of time or unless it is dissolved by the State Government, whichever is earlier.
(3) The tenure of the Governing Body shall be such as may be determined by the State Government from time to time.
(4) Every meeting of the Governing Body shall be convened in the name of the President:

Provided that the President’s absence in any meeting of the Governing Body shall not invalidate the proceedings of the Governing Body if any one of the nominees of the State Government is present in such meeting and the quorum has been duly formed:
Provided further that one third of the members shall form a quorum in every meeting of the Governing Body.
(5) Powers and functions of the Governing Body shall be such as may be provided in the statutes of the affiliating University.

6. Duties of the Principal. – (1) To improve the functioning of the colleges, the college management shall introduce different measures for ensuring attendance, punctuality and work output, as may be prescribed by the State Government from time to time.
(2) For all employees of the college there shall be prepared Annual Confidential Report and Performance Appraisal Report for every year in such manner and to be maintained in such form as may be prescribed by the State Government, from time to time.
(3) Every employee of the college, including the Principal, shall submit in a sealed envelope before the Governing Body, with a copy to the State Government, an annual declaration of his assets of movable and immovable properties in such manner as may be prescribed in this behalf.

7. Funds and accounts of college. – (1) There shall be a fund in every college which shall be credited with all money received from tuition fees and other fees and charges as may be determined by the State Government from time to time.
(2) Every college shall maintain proper records of accounts which shall be duly audited internally by a qualified State Government-empanelled Chartered Accountant as defined under section 2 (b) of the Chartered Accountants Act, 1949, in the manner may be prescribed and shall submit such accounts before the State Government annually within six months of the following Financial year.
(3) Subject to the provisions of sub-section (2), the State Government shall cause periodic audit of the fund and accounts of every college in such manner as may be prescribed.
(4) If any college fails to comply with any of the provisions of this Act, the State Government may take such action as it may deem necessary and lawful.
(5) If any college, other than the college run by minorities, fails to comply any of the provisions of this Act, the State Government may, by order, supersede the college authority for a certain period and appoint an Administrator to discharge the functions of the college for such time as may be determined by the state Government.

8. Inspection. – (1) The State Government may, from time to time, cause inspection of the affairs of the college, other than the college run by minorities, including its administrative and financial activities as and when the State Government considers it necessary.
(2) Such inspection shall ordinarily be made upon prior notice to the college authority.

9. Student’s Body or Union of Colleges. – (1) There shall be a Students’ Body or Union, as the case may be, in every college and the General Secretary of such body or union shall be a member of the Governing Body, for a period of one year from the date of his election.
(2) The composition, functions, duties and responsibilities of the Students’ Body or the Union, as the case may be, including the manner, procedure and eligibility to participate in the election shall be such as may be prescribed.

CHAPTER III

Employees of Colleges

10. Appointment of teachers, librarians and no. – teaching employers.-(1) Notwithstanding anything contained in any other law for the time being in force or in any custom or usage to the contrary, appointment of all teachers, librarians and other employees of every college, except the colleges run by minorities, shall be made by the Governing Body, on the recommendation of the Service Commission.
(2) A recommendation of the Service Commission shall not automatically confer any right upon the candidates for appointment and shall be subject to satisfactory completion of verification of his personal testimonials including proof of age and educational qualifications along with all antecedents and medical examination report from the appropriate authorities.
(3) If any discrepancy is found during verification of a candidate as stated under sub-section (2), his candidature shall be liable to be cancelled.
(4) The terms and conditions of service including the manner and procedure of holding disciplinary proceedings and punishment thereof; of all the employees of the colleges shall be such as may be prescribed.

11. Transfer of employees of the college. – (1) Every teacher, librarian and non-teaching employee of a college, other than colleges run by minorities, may, once in a life time of his service apply for mutual transfer or transfer of his own seeking in any other college within the State in such manner as may be prescribed.
(2) The State Government may, in the interest of public service, place the service of any teacher, librarian or non-teaching employees to another college on transfer.

CHAPTER IV

Provident Fund

12. Provident Fund. – (1) The Provident Fund of all regular employees of a college or University shall be maintained in the State Government Treasury.
(2) Every employee of a college or University shall be provided with a Provident Fund account.
(3) All balances in the Provident Fund held by the college or by the University in any form shall be transferred to the State Government treasury within such time as may be directed by the State Government.
(4) Other rules regulating the financial business of the college or the University shall be such as may be prescribed.

CHAPTER V

Administration of Universities

13. Administrative of Universities. – (1) Notwithstanding anything contained in any other law for the time being in force or in any custom or usage to the contrary wherever it is proposed to nominate a person by the chancellor in any body or authority of any university or other body corporate, such person shall henceforth be nominated by the Chancellor in consultation with the State Government.
(2) Notwithstanding anything contained in any other law for the time being in force or in any custom or usage to the contrary no University, without the prior approval of the State Government, shall, after the commencement of this Act,-
(a) permit any person to work under the University beyond the prescribed age of superannuation except in the manner notified by the state Government;

(b) dispose of or sell any immovable property of the University;

(c) declare setting up or conversion of any post of Officer or teacher of the University;

(d) such other act or acts as may be prescribed by the State Government.

(3) The State Government may, subject to availability of fund, allow the application for creation of teaching, non-teaching and officers’ posts in such University on its discretion, after considering the need for staff in the University.
(4) The State Government may, by order, from time to time, revise the scale of pay attached to the post of teachers, officers or non-teaching employees or sanction any new allowance thereof.
(5) The State Government may, by, order, regulate the expenditure of a University and may revise such rules from time to time.

14. Employees of the University. – (1) Notwithstanding anything contained-in-,any other law for the time being in force, or in any custom or usage to the contrary no person can be appointed in any post in the University without satisfactory completion of verification of his personal testimonials including proof of age and educational qualifications along with all antecedents and medical examination report from the appropriate authorities.
(2) If any discrepancy is found during verification of a candidate as stated under sub-section (1), his candidature shall be liable to be cancelled.
(3) To improve the functioning of the Universities, the University Authorities shall introduce different work efficiency measures for ensuring attendance, punctuality and work output as may be prescribed by the State Government, from time to time, and a report shall be placed before the appropriate decision-making bodies of the Universities on a regular basis.
(4) For all employees of the University there shall be prepared Annual Confidential Report and Performance Appraisal Report for every year in such manner and to be maintained in such form as may be prescribed by the State Government, from time to time.
(5) Every employee of the University, including the Vice-Chancellor, or the Pro-Vice-Chancellor, shall submit in a sealed envelope before the Senate or the Court, as the case may be, with a copy to the State Government, an annual declaration of his assets of movable and immovable properties in such manner as may be prescribed in this behalf.

15. Inquiry into the affairs of the University. – (1) The State Government shall have the power to enquire into the affairs of the University, as and when it considers necessary.
(2) Every such inspection shall ordinarily be made with prior notice to the University.
(3) Notwithstanding anything contained in any other law for the time being in force, the Statutes of all State-aided Universities. shall be uniform in respect of the Dowers and functions of the various officers and authorities of the University, the procedure for holding election to various authorities of the University, the procedure for holding meetings of the various bodies and authorities of the University, the procedure and terms and conditions for affiliation of colleges, the rights and duties of employees of the affiliated colleges, the provisions regarding holding of convocation and conferment of Degrees, Diplomas and title’s, and such other subjects as may be prescribed from time to time.

16. Students’ Body or Union of the University. – (1) There shall be a Students’ Body or Union, as the case may be, in every University.
(2) The composition, functions, duties and responsibilities of the Students’ Body or Union, as the case may be, including the manner procedure and eligibility to participate in the election shall be such as may be prescribed.

CHAPTER VI

Miscellaneous

17. Power to make rules. – (1) The State Government shall have power to make rules for the purpose of carrying out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing provisions of this Act, the State Government shall have power to make rules in relation to:-
(i) the terms and conditions of service of all employees of colleges and Universities;

(ii) code of conduct and discipline for all the employees of the colleges and Universities;

(iii) manner and procedure for holding disciplinary proceedings against employees of the colleges and Universities;

(iv) manner and procedure of transfer, including mutual transfer and transfer of his own seeking in respect of all the employees of the colleges, other than the colleges run by minorities;

(v) manner and procedure for maintaining funds and accounts of the colleges and Universities including the procedure for maintaining Provident Fund of the employees of the colleges and Universities:

(vi) such other subject as the State Government considers necessary for the purposes of this Act.

(3) Every rule made under this Act shall, as soon they are made, be laid in the Legislative Assembly while it is in session.

18. Powers to give directions. – The State Government shall have the power to give directions to any college or in any University in any matter not inconsistent with the provisions of this Act and the college or the University shall be duty bound to comply.
19. Power to remove difficulties. – (1) The State Government shall have the power to remove any difficulty as may arise in applying the provisions of this Act to any college or University covered under this Act.
(2) The decision of the State Government shall, in every case, be final in regard to any dispute in between the State Government and the College or the University in effecting the provisions of this Act.

20. Power to relax. – The State Government shall have the power to relax any of the provisions of this Act or any rule, notification, order, schemes or by-laws made under this Act in relation to any college or any University in the interest of public service.

21. Overrriding effect. – Notwithstanding anything contained in any other law or in any custom or usage for the time being in force, or in any Statutes, Ordinances, Rules and Regulations mad,e by any authority under any law for the time being in force that is repugnant to the provisions of this Act, the provisions of this Act, to the extent of such repugnancy, shall have overriding effect against any such law, custom, usage, Statutes, Ordinances, Rules and Regulations.

22. Savings. – Anything done or purported to have been done in pursuance of any law for the time being in force by the State Government immediately preceding the date of coming into effect of this Act, shall have effect to the extent it is not inconsistent with the provisions of this Act, as if this Act had not yet come into effect.

West Bengal Policy and Guidelines for Setting up Self-financing Degree Colleges in West Bengal-2015

Accordingly, the State Government considers it necessary to frame this Policy and Guidelines to provide a stable and predictable framework of rules for private investment in setting up degree colleges. The intention of the Policy is to encourage the spread of higher education in under-served mofussil areas away from Kolkata, where significant demand exists for college studies, considering the steady increase in the number of high school pass outs across the State.

TIIE KOLKATA GAZETTE, EXTRAORDINARY SEPTEMBER 23,2015

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UGC (Minimum Standards and Procedure for Award of M.PHIL./PH.D Degrees) Regulations, 2016

Government of india

MINISTRY OF HUMAN RESOURCE DEVELOPMENT
UNIVERSITY GRANTS COMMISSION
NOTIFICATION
New Delhi, the 5th May, 2016

University Grants Commission (Minimum Standards and Procedure for Award of M.PHIL./PH.D Degrees) Regulations, 2016

In supersession of the UGC (Minimum Standards and Procedure for Awards of M.Phil./Ph.D. Degree) Regulation, 2009, notified in The Gazette of India [No. 28, Part III- Section 4] for the week July 11-July 17, 2009

No. F. 1-2/2009(EC/PS)V(I) Vol. II – In exercise of the powers conferred by clauses (f) and (g) of sub-section (1) of Section 26 of the University Grants Commission Act, 1956 (3 of 1956), and in supersession of the UGC (Minimum Standards and Procedure for Awards of M.Phil./Ph.D. Degree) Regulation, 2009, notified in The Gazette of India [No. 28, Part III-Section 4] for the week July 11 — July 17, 2009, the University Grants Commission hereby makes the following Regulations, namely:-

1. Short title, Application and Commencement:

1.1 These Regulations may be called University Grants Commission (Minimum Standards and Procedure
for Award of M.Phil./Ph.D. Degrees) Regulations, 2016.
1.2 They shall apply to every University established or incorporated by or under a Central Act, a Provincial
Act, or a State Act , every affiliated college, and every Institution Deemed to be a University under
Section 3 of UGC Act, 1956.
1.3 They shall come into force from the date of their publication in the Gazette of India.

2. Eligibility criteria for admission to the M.Phil. programme:

2.1 Candidates for admission to the M.Phil. programme shall have a Master’s degree or a professional
degree declared equivalent to the Master’s degree by the corresponding statutory regulatory body, with
at least 55% marks in aggregate or its equivalent grade ‘B’ in the UGC 7-point scale (or an equivalent
grade in a point scale wherever grading system is followed) or an equivalent degree from a foreign
educational Institution accredited by an Assessment and Accreditation Agency which is approved,
recognized or authorized by an authority, established or incorporated under a law in its home country
or any other statutory authority in that country for the purpose of assessing, accrediting or assuring
quality and standards of educational institutions.
2.2 A relaxation of 5% of marks, from 55% to 50%, or an equivalent relaxation of grade, may be allowed
for those belonging to SC/ST/OBC(non-creamy layer)/Differently-Abled and other categories of
candidates as per the decision of the Commission from time to time, or for those who had obtained
their Master’s degree prior to 19th September, 1991. The eligibility marks of 55% (or an equivalent
grade in a point scale wherever grading system is followed) and the relaxation of 5% to the categories
mentioned above are permissible based only on the qualifying marks without including the grace
mark procedures.

3. Eligibility criteria for admission to Ph.D.programme:

Subject to the conditions stipulated in these Regulations, the following persons are eligible to seek admission to
the Ph.D. programme:
3.1 Master’s Degree holders satisfying the criteria stipulated under Clause 2 above.
3.2 Candidates who have cleared the M.Phil. course work with at least 55% marks in aggregate or its
equivalent grade ‘B’ in the UGC 7-point scale (or an equivalent grade in a point scale wherever grading
system is followed) and successfully completing the M.Phil. Degree shall be eligible to proceed to do
research work leading to the Ph. D. Degree in the same Institution in an integrated programme. A
relaxation of 5% of marks, from 55% to 50%, or an equivalent relaxation of grade, may be allowed for
those belonging to SC/ST/OBC(non-creamy layer)/differently-abled and other categories of candidates
as per the decision of the Commission from time to time.

3.3 A person whose M.Phil. dissertation has been evaluated and the viva voce is pending may be admitted
to the Ph.D. programme of the same Institution;
3.4 Candidates possessing a Degree considered equivalent to M.Phil. Degree of an Indian Institution, from a Foreign Educational Institution accredited by an Assessment and Accreditation Agency which is approved, recognized or authorized by an authority, established or incorporated under a law in its home country or any other statutory authority in that country for the purpose of assessing, accrediting or assuring quality and standards of educational institutions, shall be eligible for admission to Ph.D. programme.

4. Duration of the Programme:

4.1 M.Phil. programme shall be for a minimum duration of two (2) consecutive semesters / one year and a
maximum of four (4) consecutive semesters / two years.
4.2 Ph.D. programme shall be for a minimum duration of three years, including course work and a
maximum of six years.
4.3 Extension beyond the above limits will be governed by the relevant clauses as stipulated in the
Statute/Ordinance of the individual Institution concerned.
4.4 The women candidates and Persons with Disability (more than 40% disability) may be allowed a
relaxation of one year for M.Phil and two years for Ph.D. in the maximum duration. In addition, the
women candidates may be provided Maternity Leave/Child Care Leave once in the entire duration of
M.Phil/Ph.D. for up to 240 days.

5. Procedure for admission:

5.1 All Universities and Institutions Deemed to be Universities shall admit M.Phil/Ph.D. students through an Entrance Test conducted at the level of Individual University/Institution Deemed to be a University. The University/Institution Deemed to be a University may decide separate terms and conditions for Ph.D. Entrance Test for those students who qualify UGC-NET (including JRF)/UGC-CSIR NET (including JRF)/SLET/GATE/teacher fellowship holder or have passed M.Phil programme. Similar approach may be adopted in respect of Entrance Test for M.Phil programme.

5.2 Higher Educational Institutions (HEIs) referred to in sub-clause 1.2 above and Colleges under
them which are allowed to conduct M.Phil. and/or Ph.D. programmes, shall:
5.2.1 decide on an annual basis through their academic bodies a predetermined and
manageable number of M.Phil. and/or Ph.D. scholars to be admitted depending on
the number of available Research Supervisors and other academic and physical
facilities available, keeping in mind the norms regarding the scholar- teacher ratio (as
indicated in Para 6.5), laboratory, library and such other facilities;

5.2.2 notify well in advance in the institutional website and through advertisement in at
least two (2) national newspapers, of which at least one (1) shall be in the regional
language, the number of seats for admission, subject/discipline-wise distribution of
available seats, criteria for admission, procedure for admission, examination centre(s)
where entrance test(s) shall be conducted and all other relevant information for the
benefit of the candidates;
5.2.3 adhere to the National/State-level reservation policy, as applicable.
5.3 The admission shall be based on the criteria notified by the Institution, keeping in view the
guidelines/norms in this regard issued by the UGC and other statutory bodies concerned, and
taking into account the reservation policy of the Central/State Government from time to time.
5.4 HEIs as mentioned in Clause 1.2 shall admit candidates by a two stage process through:
5.4.1 An Entrance Test shall be qualifying with qualifying marks as 50%. The syllabus of
the Entrance Test shall consist of 50% of research methodology and 50% shall be

subject specific. The Entrance Test shall be conducted at the Centre(s) notified in
advance (changes of Centres, if any, also to be notified well in advance) at the level
of the individual HEI as mentioned in clause 1.2; and
5.4.2 An interview/viva-voce to be organized by the HEI as mentioned in clause 1.2 when
the candidates are required to discuss their research interest/area through a
presentation before a duly constituted Department Research Committee.
5.5 The interview/viva voce shall also consider the following aspects, viz. whether:
5.5.1 the candidate possesses the competence for the proposed research;
5.5.2 the research work can be suitably undertaken at the Institution/College;
5.5.3 the proposed area of research can contribute to new/additional knowledge.
5.6 The University shall maintain the list of all the M.Phil. / Ph.D. registered students on its
website on year-wise basis. The list shall include the name of the registered candidate, topic of
his/her research, name of his/her supervisor/co-supervisor, date of enrolment/registration.

6. Allocation of Research Supervisor: Eligibility criteria to be a Research Supervisor, Co- Supervisor, Number of M.Phil./Ph.D. scholars permissible per Supervisor, etc.

6.1 Any regular Professor of the University/Institution Deemed to be a University/College with at least five
research publications in refereed journals and any regular Associate/Assistant Professor of the
university/institution deemed to be a university/college with a Ph.D. degree and at least two research
publications in refereed journals may be recognized as Research Supervisor.
Provided that in areas/disciplines where there is no or only a limited number of refereed journals, the
Institution may relax the above condition for recognition of a person as Research Supervisor with
reasons recorded in writing.
6.2 Only a full time regular teacher of the concerned University/Institution Deemed to be a
University/College can act as a supervisor. The external supervisors are not allowed. However, CoSupervisor
can be allowed in inter-disciplinary areas from other departments of the same institute or
from other related institutions with the approval of the Research Advisory Committee.
6.3 The allocation of Research Supervisor for a selected research scholar shall be decided by the
Department concerned depending on the number of scholars per Research Supervisor, the available
specialization among the Supervisors and research interests of the scholars as indicated by them at the
time of interview/viva voce.
6.4 In case of topics which are of inter-disciplinary nature where the Department concerned feels that the
expertise in the Department has to be supplemented from outside, the Department may appoint a
Research Supervisor from the Department itself, who shall be known as the Research Supervisor, and a
Co-Supervisor from outside the Department/ Faculty/College/Institution on such terms and conditions
as may be specified and agreed upon by the consenting Institutions/Colleges.
6.5 A Research Supervisor/Co-supervisor who is a Professor, at any given point of time, cannot guide more
than three (3)M.Phil. and Eight (8) Ph.D. scholars. An Associate Professor as Research Supervisor can
guide up to a maximum of two (2) M.Phil. and six (6) Ph.D. scholars and an Assistant Professor as
Research Supervisor can guide up to a maximum of one (1) M.Phil. and four (4) Ph.D. scholars.
6.6 In case of relocation of an M.Phil/Ph.D. woman scholar due to marriage or otherwise, the research data
shall be allowed to be transferred to the University to which the scholar intends to relocate provided all
the other conditions in these regulations are followed in letter and spirit and the research work does not
pertain to the project secured by the parent institution/ supervisor from any funding agency. The
scholar will however give due credit to the parent guide and the institution for the part of research
already done.

7. Course Work: Credit Requirements, number, duration, syllabus, minimum standards for completion, etc.

7.1 The credit assigned to the M.Phil. or Ph.D. course work shall be a minimum of 08 credits and a maximum of 16 credits.

7.2 The course work shall be treated as prerequisite for M.Phil./Ph.D. preparation. A minimum of four
credits shall be assigned to one or more courses on Research Methodology which could cover areas
such as quantitative methods, computer applications, research ethics and review of published research
in the relevant field, training, field work, etc. Other courses shall be advanced level courses preparing
the students for M.Phil./Ph.D. degree.
7.3 All courses prescribed for M.Phil. and Ph.D. course work shall be in conformity with the credit hour
instructional requirement and shall specify content, instructional and assessment methods. They shall
be duly approved by the authorized academic bodies.
7.4 The Department where the scholar pursues his/her research shall prescribe the course(s) to him/her
based on the recommendations of the Research Advisory Committee, as stipulated under sub-Clause
8.1 below, of the research scholar.
7.5 All candidates admitted to the M.Phil. and Ph.D. programmes shall be required to complete the course
work prescribed by the Department during the initial one or two semesters.
7.6 Candidates already holding M. Phil. degree and admitted to the Ph.D. programme, or those who have
already completed the course work in M.Phil. and have been permitted to proceed to the Ph.D. in
integrated course, may be exempted by the Department from the Ph.D. course work. All other
candidates admitted to the Ph.D. programme shall be required to complete the Ph.D. course work
prescribed by the Department.
7.7 Grades in the course work, including research methodology courses shall be finalized after a combined
assessment by the Research Advisory Committee and the Department and the final grades shall be
communicated to the Institution/College.
7.8 A M.Phil./Ph.D. scholar has to obtain a minimum of 55% of marks or its equivalent grade in the UGC
7-point scale (or an equivalent grade/CGPA in a point scale wherever grading system is followed) in the course work in order to be eligible to continue in the programme and submit the dissertation/thesis.

8. Research Advisory Committee and its functions:

8.1 There shall be a Research Advisory Committee, or an equivalent body for similar purpose as defined in the Statutes/Ordinances of the Institution concerned, for each M.Phil. and Ph.D. scholar. The Research Supervisor of the scholar shall be the Convener of this Committee. This Committee shall have the following responsibilities:

8.1.1 To review the research proposal and finalize the topic of research;
8.1.2 To guide the research scholar to develop the study design and methodology of research and
identify the course(s) that he/she may have to do.
8.1.3 To periodically review and assist in the progress of the research work of the research scholar.
8.2 A research scholar shall appear before the Research Advisory Committee once in six months to make a
presentation of the progress of his/her work for evaluation and further guidance. The six monthly
progress reports shall be submitted by the Research Advisory Committee to the Institution/College with
a copy to the research scholar.
8.3 In case the progress of the research scholar is unsatisfactory, the Research Advisory Committee shall
record the reasons for the same and suggest corrective measures. If the research scholar fails to
implement these corrective measures, the Research Advisory Committee may recommend to the
Institution/College with specific reasons for cancellation of the registration of the research scholar.

9. Evaluation and Assessment Methods, minimum standards/credits for award of the degree, etc.:

9.1 The overall minimum credit requirement, including credit for the course work, for the award of M.Phil. degree shall not be less than 24 credits.
9.2 Upon satisfactory completion of course work, and obtaining the marks/grade prescribed in sub-clauses
7.8 above, as the case may be, the M.Phil./Ph.D. scholar shall be required to undertake research work and produce a draft dissertation/thesis within a reasonable time, as stipulated by the Institution concerned based on these Regulations.

9.3 Prior to the submission of the dissertation/thesis, the scholar shall make a presentation in the Department before the Research Advisory Committee of the Institution concerned which shall also be open to all faculty members and other research scholars. The feedback and comments obtained from them may be suitably incorporated into the draft dissertation/thesis in consultation with the Research Advisory Committee.

9.4 M.Phil scholars shall present at least one (1) research paper in a conference/seminar and Ph.D. scholars must publish at least one (1) research paper in refereed journal and make two paper presentations in conferences/seminars before the submission of the dissertation/thesis for adjudication, and produce evidence for the same in the form of presentation certificates and/or reprints.

9.5 The Academic Council (or its equivalent body) of the Institution shall evolve a mechanism using well developed software and gadgets to detect plagiarism and other forms of academic dishonesty. While submitting for evaluation, the dissertation/thesis shall have an undertaking from the research scholar and a certificate from the Research Supervisor attesting to the originality of the work, vouching that there is no plagiarism and that the work has not been submitted for the award of any other degree/diploma of the same Institution where the work was carried out, or to any other Institution.

9.6 The M.Phil. dissertation submitted by a research scholar shall be evaluated by his/her Research Supervisor and at least one external examiner who is not in the employment of the Institution/College.
The viva-voce examination, based among other things, on the critiques given in the evaluation report, shall be conducted by both of them together, and shall be open to be attended by Members of the Research Advisory Committee, all faculty members of the Department, other research scholars and other interested experts/ researchers.

9.7 The Ph.D. thesis submitted by a research scholar shall be evaluated by his/her Research Supervisor and at least two external examiners, who are not in employment of the Institution/College, of whom one examiner may be from outside the country. The viva-voce examination, based among other things, on the critiques given in the evaluation report, shall be conducted by the Research Supervisor and at least one of the two external examiners, and shall be open to be attended by Members of the Research Advisory Committee, all faculty members of the Department, other research scholars and other interested experts/researchers.

9.8 The public viva-voce of the research scholar to defend the dissertation/thesis shall be conducted only if
the evaluation report(s) of the external examiner(s) on the dissertation/thesis is/are satisfactory and
include a specific recommendation for conducting the viva-voce examination. If the evaluation report
of the external examiner in case of M.Phil. dissertation, or one of the evaluation reports of the external
examiner in case of Ph.D. thesis, is unsatisfactory and does not recommend viva-voce, the Institution
shall send the dissertation/ thesis to another external examiner out of the approved panel of examiners
and the viva-voce examination shall be held only if the report of the latest examiner is satisfactory. If
the report of the latest examiner is also unsatisfactory, the dissertation/ thesis shall be rejected and the
research scholar shall be declared ineligible for the award of the degree.
9.9 The Institutions shall develop appropriate methods so as to complete the entire process of evaluation of
M.Phil. dissertation/ Ph.D. thesis within a period of six months from the date of submission of the
dissertation/thesis.

10. Academic, administrative and infrastructure requirement to be fulfilled by Colleges for getting recognition for offering M.Phil./Ph.D. programmes:

10.1 Colleges may be considered eligible to offer M.Phil./Ph .D programmes only if they satisfy the availability of eligible Research Supervisors, required infrastructure and supporting administrative and research promotion facilities as per these Regulations.
10.2 Post-graduate Departments of Colleges, Research laboratories of Government of India/State Government with at least two Ph.D. qualified teachers/scientists/other academic staff in the Department concerned along with required infrastructure, supporting administrative and research promotion facilities as per these Regulations, stipulated under sub-clause 10.3, shall be considered eligible to offer M.Phil./Ph.D. programmes. Colleges should additionally have the necessary recognition by the  Institution under which they operate to offer M.Phil/Ph.D. programme.

10.3 Colleges with adequate facilities for research as mentioned below alone shall offer M.Phil./Ph. D. programmes:

10.3.1 In case of science and technology disciplines, exclusive research laboratories with
sophisticated equipment as specified by the Institution concerned with provision for adequate space per research scholar along with computer facilities and essential software, and uninterrupted power and water supply;

10.3.2 Earmarked library resources including latest books, Indian and International journals, ejournals, extended working hours for all disciplines, adequate space for research scholars in the Department/ library for reading, writing and storing study and research materials;

10.3.3 Colleges may also access the required facilities of the neighbouring Institutions/Colleges, or of those Institutions/Colleges/R&D laboratories/Organizations which have the required facilities.

11. Treatment of Ph.D / M.Phil. through Distance Mode/Part-time:

11.1 Notwithstanding anything contained in these Regulations or any other Rule or Regulation, for the time being in force, no University; Institution, Deemed to be a University and College shall conduct M.Phil. and Ph.D. Programmes through distance education mode.
11.2 Part-time Ph.D will be allowed provided all the conditions mentioned in the extant Ph.D Regulations are met.

12. Award of M.Phil./Ph.D. degrees prior to Notification of these Regulations, or degrees awarded by foreign Universities:

12.1 Award of degrees to candidates registered for the M.Phil./Ph.D. programme on or after July 11, 2009 till the date of Notification of these Regulations shall be governed by the provisions of the UGC (Minimum Standards and procedure for Awards of M.Phil/Ph.D Degree) Regulation, 2009.

12.2 If the M.Phil./Ph.D. degree is awarded by a Foreign University, the Indian Institution considering such a degree shall refer the issue to a Standing Committee constituted by the concerned institution for the purpose of determining the equivalence of the degree awarded by the foreign University.

13. Depository with INFLIBNET:

13.1 Following the successful completion of the evaluation process and before the announcement of the award of the M.Phil./Ph.D. degree(s), the Institution concerned shall submit an electronic copy of the M.Phil. dissertation /Ph. D. thesis to the INFLIBNET, for hosting the same so as to make it accessible to all Institutions/Colleges.

13.2 Prior to the actual award of the degree, the degree-awarding Institution shall issue a provisional Certificate to the effect that the Degree has been awarded in accordance with the provisions of these UGC Regulations, 2016.

Prof. JASPAL S. SANDHU, Secy.

[ADVT.-III/4/Exty./143(113)]

State of Madhya Pradesh & Ors. Vs. Manoj Sharma & Ors.[SC 2018 JANUARY]

KEYWORDS: distance education- APPOINTMENT OF GUEST LECTURER –

Capture

DATE:- January 25, 2018-

  • NET qualification is now minimum qualification for appointment of Lecturer and exemption granted to M.Phil. degree holders have been withdrawn and exemption is allowed only to those Ph.D. degree holders who have obtained the Ph.D. degree in accordance with 11.7.2009 regulations, namely, Regulations 2009 of UGC (Minimum Standards and Procedure).

ACTS:- The Regulations 2009 of UGC on Minimum Standards and Procedure-Regulations 2009 of UGC(Minimum Qualifications for Appointment)

SUPREME COURT OF INDIA

State of Madhya Pradesh & Ors. Vs. Manoj Sharma & Ors.

[Civil Appeal No.871 of 2018 arising out of SLP (C) No. 26528 of 2013]

State of Madhya Pradesh & Ors. Vs. Alok Tripathi & Ors.

[Civil Appeal No.872 of 2018 arising out of SLP (C) No. 26529 of 2013]

ASHOK BHUSHAN, J.

1. Leave granted.

2. These two appeals have been filed against the identically worded judgments of High Court of Madhya Pradesh dated 05.12.2012 and 17.01.2013 respectively dismissing the writ appeal filed by the State of Madhya Pradesh. The facts and issue in both the appeals being common, it is sufficient to refer to the facts and pleadings in civil appeal arising out of SLP (C) No. 26528 of 2017 for deciding both the appeals. The parties shall be referred to as described in the writ petition.

3. The writ petitioners had passed M.Phil. from different universities under distance education (between the year 2007 to 2009) before 11.07.2009. Writ petitioners were engaged as guest lecturers in different Government/Semi Government Colleges since before the year 2009. Higher Education Department of the Government of Madhya Pradesh issued an order dated 22.02.2012 on the subject “Arrangement of Guest Lecturers in Government Colleges for the remaining period of Academic Session 201112 and upcoming sessions”.

4. The Government order provided for criteria for selection under which various marks were  allocated for Ph.D and NET/SET, M.Phil. and NET/SET. Regional Additional Director, Higher Education, Gwalior Madhya Pradesh issued an advertisement dated 21.04.2012 inviting application for the post of Guest Lecturer in different subjects. Writ Petitioners had applied for different posts of Guest Lecturers through online mode. Their applications were not accepted. On inquiry, they came to know that those candidates who had obtained M.Phil. degree through distance education programme are not qualified.

5. Writ Petition No. 3290 of 2012, Manoj Sharma and others v. State of Madhya Pradesh was filed wherein High Court passed an interim order on 14.05.2012 and directing the respondents to accept the application form of the candidates and the result of the candidates was to be kept in the sealcover.

6. Writ Petitioners on the strength of the interim order submitted their applications. Writ Petition No. 3290 of 2012, Manoj Sharma and others versus State of Madhya Pradesh was finally disposed off by learned Single Judge on 29.08.2012, holding that those candidates who have cleared M.Phil. qualification before the Regulations 2009, namely, University Grants Commission (Minimum Standards and Procedure for the award of M.Phil./Ph.D Degree) Regulations, 2009 (hereinafter shall be referred to as “Regulations 2009 of UGC (Minimum Standards and Procedure”) are eligible and their result be declared.

Learned Single Judge issued following directions: “It is further reported that although petitioner’s case was considered, but by way of interim order, it was directed that his result will not be declared. Now final order is passed. Petitioner is found eligible, therefore, respondents shall consider the case of the petitioner as eligible on the basis of the aforesaid Master of Philosophy certificate and declare the result alongwith other candidates.”

7. The State of Madhya Pradesh filed a writ appeal against the judgments of learned Single Judge and Division Bench of the High Court vide its judgment dated 05.12.2012 dismissed the appeal. The State is in appeal against the judgment of the Division Bench.

8. Learned counsel for the appellant submits that in view of the regulations framed by the University Grants Commission, Regulations 2009 of UGC (Minimum Standards and Procedure), the M.Phil./Ph.D. Programmes conducted through distance education are not acceptable. He submits that since M.Phil. degree of the writ petitioners was by distance education mode, they do not fulfil the qualification for appointment as Guest Lecturer and the judgment of the learned Single Judge and Division Bench taking a contrary view is unsustainable.

9. No one has appeared on behalf of the respondent at the time of hearing. Although a counter affidavit on behalf of the Respondent No. 1, Manoj Sharma has been filed, supporting the view taken by the learned Single Judge and the Division Bench. We have considered the submission of the learned counsel for the appellant and perused the record.

10. The Regulations 2009 of UGC on Minimum Standards and Procedure were published in Gazette of India on 11.7.2009.

Regulation which is relevant, is to the following effect:

“Regulation

5. Notwithstanding anything contained in these Regulations or any other Rule or regulation, for the time being in force, no University, Institution, Deemed to be University and College/Institution of National Importance shall conduct M.Phil and Ph.D Programmes through distance education mode.”

11. Learned Single Judge and Division Bench took the view that according to Regulations 2009 of UGC on Minimum Standards and Procedure, it was only with effect from 11.7.2009 that any university, institution or deemed university were prohibited from conducting M.Phil./Ph.D. through distance education mode hence, degree obtained prior to enforcement of said regulation are not washed out. The High Court has held that Regulations 2009 of UGC (Minimum Standards and Procedure) are prospective in nature and shall not operate retrospectively. Learned Single Judge took the view that Regulations 2009 of UGC (Minimum Standards and Procedure) being not retrospective shall not wipe out the M.Phil. qualification already acquired by the writ petitioners prior to abovesaid regulation.

12. Regulation under Regulations 2009 of UGC (Minimum Standards and Procedure), clearly provides for enforcement for the regulation from the date of their publication in the Gazette of India. Regulation 3 is as follows: “They shall come into force with effect from the date of their publication in the Gazette of India.”

13. Thus, it is clear that regulations are prospective in nature and may not affect the qualifications granted by an university or institution prior to the enforcement of the regulation. We thus do not find any error in the judgment of the High Court of Madhya Pradesh. Learned Single Judge had thus rightly directed the respondent to consider the case of the writ petitioners on the basis of M.Phil. degree and declare the result alongwith other candidates.

14. There is another issue which needs to be noticed at this juncture. On the same day when regulations pertaining to Minimum Standards and Procedure for the award of M.Phil./Ph.D Degree were published, another regulations were published in the Gazette on the same day i.e. on 11.7.2009, namely, UGC(Minimum Qualifications for Appointment and Career Advancement of Teachers in Affiliated Universities and Institutions) (3rd amendment) Regulations, 2009 (hereinafter shall be referred to as “Regulations 2009 of UGC(Minimum Qualifications for Appointment”).

15. University Grants Commission had issued regulations relating to minimum qualification for the post of lecturer in the year 2000 which regulations were amended in 2002 and 2006. According to Regulations 2000, Regulation 1.3.3 provides for qualification for Lecturer as follows:

“1.3.3 Lecturer Good academic record with at least 55% of the marks or, an equivalent grade of B in the 7 point scale with latter grades O, A, B, C, D, E and F at the Master’s degree level, in the relevant subject from an Indian University, or, an equivalent degree from a foreign university. Besides fulfilling the above qualifications, candidates should have cleared the eligibility test (NET) for lecturers conducted by the UGC, CSIR or similar test accredited by the UGC. Note: NET shall remain the compulsory requirement for appointment as Lecturer even for candidates having Ph.D. degree. However, the candidates who have completed M. Phil. Degree or have submitted Ph.D. thesis in the concerned subject up to 31st December, 1993, are exempted from appearing in the NET examination.”

16. As noted above, the abovementioned regulations were amended and amendments dated 11.7.2009 were relevant whereas the note as contained in Regulation 1.3.3 was substituted by following: “NET/SLET shall remain the minimum eligibility condition for recruitment and appointment of Lecturers in Universities /Colleges/Institutions. Provided, however, that candidates, who are or have been awarded Ph.D. Degree in compliance of the “University Grants Commission(minimum standards and procedure for award of Ph.D Degree), Regulation 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges /Institutions.”

17. It has to be noticed that the amendment as made in the minimum qualification, now provides  that the exemption from NET shall be given to the Ph.D. degree holders, only when Ph.D. degree has been awarded to them in compliance with the Regulations 2009 of UGC (Minimum Standards and Procedure). The above provision thus, made it mandatory that for lecturers NET qualification is necessary and exemption shall be granted to those Ph.D. degree holders who have obtained Ph.D. degree in accordance with the Regulations 2009 of UGC (Minimum Standards and Procedure).

The purpose and object of the above amendments in both Regulations 2009 of UGC (Minimum Standards and Procedure) as well as Regulations 2009 of UGC (Minimum Qualifications for Appointment) is not far to seek. There has been challenge to amendments made in Regulations 2009 of UGC (Minimum Qualifications for Appointment)in so far as it denied the benefit to Ph.D degree holders who had obtained Ph.D prior to 11.7.2009. Writ Petitions were filed in different High Courts challenging the regulations on different grounds including that regulations are arbitrary and violative of Article 14 which discriminate the Ph.D. degree holders who have obtained Ph.D. degree prior to 11.7.2009 and those who obtained the degree after 11.7.2009 in accordance with Regulations 2009 of UGC on Minimum Standards and Procedure.

18. The challenge to regulations were repelled by different High Courts whereas Allahabad High Court vide its judgment dated 6.4.2012 in Dr. Ramesh Kumar Yadav and Another versus University of Allahabad and Others has upheld the challenge. Appeals were filed against the judgment of the Rajasthan High Court, Delhi High Court and Madras High Court by the candidates whose writ petitions were dismissed as well as against the judgment of the Allahabad High Court dated 06.04.2012, upholding the contention of the candidates. This Court decided all the appeals by its judgment reported in P. Susheela and Others versus University Grants Commission and Others, (2015) 8 SCC 129.

This Court upheld the judgment of the High Courts of Rajasthan, Madras and Delhi and set aside the judgment of the Allahabad High Court dated 6.4.2012, upholding that the amendments made in Regulations 2009 of UGC(Minimum Qualifications for Appointment) were valid and there is a valid classification between the candidates who have obtained degree prior to Regulations 2009 of UGC (Minimum Standards and Procedure) and those who obtained the degree in accordance with the abovesaid regulation.

19. Thus, rejecting the contention of the private respondent, following was laid down in paragraph Nos. 16, 17 and 18:

“16. Similar is the case on facts here. A vested right would arise only if any of the appellants before us had actually been appointed to the post of Lecturer/Assistant Professors. Till that date, there is no vested right in any of the appellants. At the highest, the appellants could only contend that they have a right to be considered for the post of Lecturer/Assistant Professor. This right is always subject to minimum eligibility conditions, and till such time as the appellants are appointed, different conditions may be laid down at different times. Merely because an additional eligibility condition in the form of a NET test is laid down, it does not mean that any vested right of the appellants is affected, nor does it mean that the regulation laying down such minimum eligibility condition would be retrospective in operation. Such condition would only be prospective as it would apply only at the stage of appointment. It is clear, therefore, that the contentions of the private appellants before us must fail.

17. One of the learned counsel for the petitioners argued, based on the language of the direction of the Central Government dated 12112008 that all that the Government wanted UGC to do was to “generally” prescribe NET as a qualification. But this did not mean that UGC had to prescribe this qualification without providing for any exemption. We are unable to accede to this argument for the simple reason that the word “generally” precedes the word “compulsory” and it is clear that the language of the direction has been followed both in letter and in spirit by the UGC regulations of 2009 and 2010.

18. The arguments based on Article 14 equally have to be rejected. It is clear that the object of the directions of the Central Government read with the UGC Regulations of 2009/2010 are to maintain excellence in standards of higher education. Keeping this object in mind, a minimum eligibility condition of passing the national eligibility test is laid down. True, there may have been exemptions laid down by UGC in the past, but the Central Government now as a matter of policy feels that any exemption would compromise the excellence of teaching standards in universities/ colleges/institutions governed by the UGC. Obviously, there is nothing arbitrary or discriminatory in this in fact it is a core function of UGC to see that such standards do not get diluted.”

20. Thus, from the above judgment, it is clear that NET qualification is now minimum qualification for appointment of Lecturer and exemption granted to M.Phil. degree holders have been withdrawn and exemption is allowed only to those Ph.D. degree holders who have obtained the Ph.D. degree in accordance with 11.7.2009 regulations, namely, Regulations 2009 of UGC (Minimum Standards and Procedure).

Although, this aspect has not been noticed by the High Court but since the learned Single Judge has directed the consideration of the case of the writ petitioner on the basis of M.Phil. degree which was obtained by them by distance education mode prior to 2009, it is necessary that their eligibility for the post be examined taking into consideration the Regulations 2009 of UGC (Minimum Qualifications for Appointment). The advertisement and selection for Guest Lecturers having been conducted in the year 2012 when both the Regulations 2009 of UGC (Minimum Standards and Procedure) and Regulations 2009 of UGC(Minimum Qualifications for Appointment) were applicable.

21. There is nothing on the record as to whether after the judgment of the learned Single Judge, writ petitioners’ result was declared and they were selected or appointed. This Court has also passed an interim order of 17 16.08.2013 staying the operation of the judgment of the High Court for the period of three months. No further orders have been passed extending the interim order.

22. We are thus of the view that judgment of the High Court needs no interference in this appeal, however, the appeals are to be disposed off with the direction to consider the eligibility of the writ petitioner taking also into consideration the Regulations 2009 of UGC (Minimum Qualifications for Appointment).

23. Both the appeals are disposed off accordingly.

(A.K. SIKRI)

 (ASHOK BHUSHAN)

NEW DELHI,

January 25, 2018.

Statutory Councils In India

Technical Education
Statutory Councils of India are responsible for recognition of courses, promotion of professional institutions and providing grants to different ​programmes and various awards.
1. All India Council of Technical Education – AICTE
2. Medical Council of India – MCI
3. National Council for Teacher Education – NCTE
4. Dental Council of India – DCI
5. Pharmacy Council of India – PCI
6. Indian Nursing Council – INC
7. Bar Council of India -BCI
8. Central Council of Homeopathy -CCH
9. Central Council for Indian Medicine – CCIM
10. Council of Architecture – COA
11. Distance Education Council – DEC
12. Rehabilitation Council Of India – RCI
13. National Council for Rural Institutes – NCRI
14. The Veterinary Council Of India – VCI
15. National Councils of Education research and training NCERT
16. Institute of Chartered Accountants of India
17. Institute of Cost and Works Accountants of India
18. Institute of Company Secretaries of India
19. Institution of Engineers

Technical Education in India

Technical Education

Technical education” means programmes of education, research and training in engineering, technology, architecture, town planning, management, pharmacy and applied art and crafts and such other programme or areas the Central Government may, in consultation with the Council, by notification in the Official Gazette, declare. AICTE is mandated for planned and coordinated development of Technical Education; regulate proper maintenance of norms & standards and expansion of technical Education with Quality. AICTE has now defined the procedures and regulations for the conduct of Technical Education through Blended learning mode.

AAll India Council for Technical Education (AICTE) was put in place for  the proper planning and co-ordinated development of the technical education system throughout the country, the promotion of qualitative improvements of such education in relation to planned quantitative growth and the regulation and proper maintenance of norms and standards in the technical education system and for matters connected therewith.

AThe All India Council For Technical Education Act, 1987 regulates the whole field of Technical education in India.

ANational Eligibility Test (NET)

Higher Education Empowerment Regulation Agency (HEERA) is till in  it`s conceptual level .

ADistance Education programmes in higher education have now been vested with the University Grants Commission. The Distance Education Council which was the erstwhile regulator of Distance Education programmes, has been dissolved and all regulatory functions are being undertaken by the UGC. The University Grants Commission (UGC) came into existence on 28th December, 1953 and became a statutory Organization of the Government of India by an Act of Parliament in 1956, for the coordination,determination and maintenance of standards of teaching, examination and research in university education.

Distance Education Bureau works under UGC

Universities

  • Central Universities
  • State Universities
  • Open Universities
  • Deemed Universities
  • Private Universities

Open University System

The Indian Institutes of Technology[IIT] for Information Technology

The Indian Institutes of Management (IIMs) for management education and research in India.

National Institute of Pharmaceutical Education and Research (NIPER) are the national level institutes in pharmaceutical sciences

The National Institutes of Technology (NITs), are esteemed colleges of engineering and technology education in India.

National Institutes of Technical Teachers’ Training & Research (NITTTR)

Deemed Universities 

Devider

  1. Information and Communication Technology

Devider

  1. Model Curriculum for First Year Undergraduate Degree Courses in Engineering & Technology and Guide to Induction program .
  2. Model Curriculum for Undergraduate Degree in Civil Engineering
  3. Model Curriculum for Undergraduate Degree in Electrical Engineering
  4. Model Curriculum for Undergraduate Degree in Mechanical Engineering
  5. Model Curriculum for Undergraduate Degree in Computer Science & Engineering
  6. Model Curriculum for Undergraduate Degree in Electronics & Communication Engineering
  7. Common courses – Physics, Chemistry, Biology and Maths
  8. Model Curriculum for Undergraduate Degree in Chemical Engineering
  9. Model Curriculum for Undergraduate Degree in Metallurgical Engineering& Materials Science
  10.  Model Curriculum for Mandatory Non-credit courses
  11.  Model Curriculum for courses in Humanities and Social Sciences including Management
  12.  Virtual Laboratories

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USEFUL LINKS

  1.  Virtual Labs
  2. Sakshat Platform 
  3. Statutory Councils In India

The All India Council For Technical Education Act, 1987

CENTRAL ACT

Technical Education

The All India Council For Technical Education Act, 1987

(52 of 1987)

[23rd December, 1987]

An Act to provide for the establishment of an All India Council for Technical Education with a view to the proper planning and co-ordinated development of the technical education system throughout the country, the promotion of qualitative improvements of such education in relation to planned quantitative growth and the regulation and proper maintenance of norms and standards in the technical education system and for matters connected therewith.

Be it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:—

CHAPTER I

Preliminary

1. Short title and commencement .—(1) This Act may be called the All India Council for Technical Education Act, 1987.(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions .—In this Act, unless the context otherwise requires,—

(a) “Commission” means the University Grants Commission established under section 4 of the University Grants Commission Act, 1956 (3 of 1956);

(b) “Council” means the All India Council for Technical Education established under section 3;

(c) “Fund” means the fund of the Council constituted under section 16;

(d) “member” means a member of the Council and includes the Chairman and Vice-Chairman;

(e) “prescribed” means prescribed by rules made under this Act;

(f) “regulation” means regulation made under this Act;

(g) “Technical education” means programmes of education, research and training in engineering, technology, architecture, town planning, management, pharmacy and applied art and crafts and such other programme or areas the Central Government may, in consultation with the Council, by notification in the Official Gazette, declare;

(h) “technical institution” means an institution, not being a university which offers courses or programmes of technical education, and shall include such other institutions as the Central Government may, in consultation with the Council, by notification in the Official Gazette, declare as technical institutions,

(i) “University” means a University defined under clause (f) of section 2 of the University Grants Commission Act, 1956 (3 of 1956) and includes as institution deemed to be a University under section 3 of that Act.

CHAPTER II

Establishment Of The Council

3. Establishment of the Council .—(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established a Council by the name of the All India Council for Technical Education.(2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to contract and shall by the said name sue and be sued.(3) The head office of the Council shall be at Delhi and the Council may, with the previous approval of the Central Government, establish offices at other places in India.(4) The Council shall consist of the following members, namely:—

(a) a Chairman to be appointed by the Central Government;

(b) a Vice-Chairman to be appointed by the Central Government;

(c) the Secretary to the Government of India in the Ministry of the Central Government dealing with education, ex officio ;

(d) the Educational Adviser (General) to the Government of India, ex officio ;

(e) the Chairmen of the four Regional Committees, ex officio ;

(f) the Chairmen of,—

(i) the All India Board of Vocational Education, ex officio ;

(ii) the All India Board of Technical Education, ex officio ;

(iii) the All India Board of Under-graduate Studies in Engineering and Technology, ex officio ;

(iv) the All India Board of Post-graduate Education and Research in Engineering and Technology, ex officio ;

(v) the All India Board of Management Studies, ex officio ;

(g) one member to be appointed by the Central Government to represent the Ministry of Finance of the Central Government;

(h) one member to be appointed by the Central Government to represent the Ministry of Science and Technology of the Central Government;

(i) four members to be appointed by the Central Government by rotation to represent the Ministries and the Departments of the Central Government, other than those specified in clauses (g) and (h);

(j) two members of Parliament of whom one shall be elected by the House of the People and one by the Council of States;

(k) eight members to be appointed by the Central Government by rotation in the alphabetical order to represent the States and the Union territories:

Provided that an appointment under this clause shall be made on the recommendation of the Government of the State, or as the case may be, the Union territory concerned;

(l) four members to be appointed by the Central Government to represent the organisations in the field of industry and commerce;

(m) seven members to be appointed by the Central Government to represent,—

(i) the Central Advisory Board of Education;

(ii) the Association of Indian Universities;

(iii) the Indian Society for Technical Education,

(iv) the Council of the Indian Industries of Technology;

(v) the Pharmacy Council of India;

(vi) the Council of Architecture;

(vii) the National Productivity Council;

(n) four members to be appointed by the Central Government to represent the professional bodies in the field of technical and management education;

(o) not more than two members to be appointed by the Central Government to represent such interests not covered by the foregoing clauses as the Central Government may deem fit;

(p) the Chairman, University Grants Commission, ex officio ;

(q) the Director, Institute of Applied Manpower Research, New Delhi, ex officio ;

(r) the Director-General, Indian Council of Agricultural Research, ex officio ;

(s) the Director-General, Council of Scientific and Industrial Research, ex officio ;

(t) Member-Secretary to be appointed by the Central Government.

(5) Notwithstanding anything contained in sub-section (4)—

(a) the first Chairman shall be the Minister of Human Resource Development of the Central Government;

(b) the first Vice-Chairman of the Council shall be the Minister of State for Education of the Central Government;

(c) the first Member-Secretary of the Council shall be the Educational Adviser (Technical) of the Central Government.

4. Term of office of members .—(1) The term of office of a member, other than an ex officio member, on the first construction of the Council shall be five years and thereafter three years.(2) If a causal vacancy occurs in the office of the Chairman, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, the Vice-Chairman holding office as such for the time being shall act as the Chairman and shall, unless any other person is appointed earlier as the Chairman, hold office of the Chairman for the remainder of the term of office of the person in whose place he is to so act.(3) If a casual vacancy occurs in the office of the Vice-Chairman or any other member, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filed by the Central Government by making a fresh appointment and the member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointed.(4) The Vice-Chairman shall perform such functions as may be assigned to him by the Chairman from time to time.(5) The procedure to be followed by the members in the discharge of their functions shall be such as may be prescribed.

5. Meetings of the Council .—(1) The Council shall meet at such time and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as may be provided by regulations:Provided that the Council shall meet at least once every year.(2) The Chairman and in his absence the Vice-Chairman shall preside at the meetings of the Council.(3) If for any reason the Chairman or the Vice-Chairman is unable to attend any meeting of the Council any other member chosen by the members present at the meeting shall preside at the meeting.(4) All questions which come up before any meeting of the Council shall be decided by a majority of the votes of the members present and voting, and, in the event of an equality of votes, the Chairman, or in his absence, the person presiding, shall have been exercise a second or casting vote.

6. Vacancies, etc., not to invalidate proceedings of the Council .—No act or proceeding of the Council shall be invalid merely by reason of—

(a) any vacancy in, or any defect in the constitution of, the Council; or

(b) any defect in the appointment of a person acting as a member of the Council; or

(c) any irregularly in the procedure of the Council not affecting the merits of the case.

7. Temporary association of persons with the Council for particular purposes .—(1) The Council may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in carrying out any of the provisions of this Act.(2) A person associated with it by the Council under sub-section (1) for any purpose shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the Council, and shall not be a member for any other purpose.

8. Appointment of officers and other employees of the Council .—(1) For the purpose of enabling it efficiently to discharge its functions under this Act, the Council shall, subject to such regulations as may be made in this behalf, appoint (whether on deputation or otherwise) such number of officers and other employees as it may consider necessary:Provided that the appointment of such category of officers, as may be specified in such regulations, shall be subject to the approval of the Central Government.(2) Every officer or other employee appointed by the Council shall be subject to such conditions of service and shall be entitled to such remuneration as may be determined by regulations.

9. Authentication of orders and other instruments of the Council .—All orders and decisions of the Councils shall be authenticated by the signature of the Chairman or any other member authorised by the Council in this behalf, and all other instruments issued by the Council shall be authenticated by the signature of the Member-Secretary or any other officer of the Council authorised in like manner in this behalf.

CHAPTER III

Powers And Functions Of The Council

10. Functions of the Council .—It shall be the duty of the Council to take all such steps as it may think fit for ensuring coordinated and integrated development of technical and management education and maintenance of standards and for the purposes of performing its functions under this Act, the Council may—

(a) undertake survey in the various fields of technical education, collect data on all related matters and make forecast of the needed growth and development in technical education;

(b) coordinate the development of technical education in the country at all levels;

(c) allocate and disburse out of the Fund of the Council such grant on such terms and conditions as it may think fit to—

(i) technical institutions; and

(ii) Universities imparting technical education in co-ordination with the commission;

(d) promote innovations, research and development in established and new technologies, generation, adoption and adaptation of new technologies to meet developmental requirements and for over all improvement of educational processes;

(e) formulate schemes for promoting technical education for women, handicapped and weaker sections of the society;

(f) promote an effective link between technical education system and other relevant systems including research and development organisations, industry and the community;

(g) evolve suitable performance appraisal systems for technical institutions and Universities imparting technical education, incorporating norms and mechanisms for enforcing accountability;

(h) formulate schemes for the initial and in service training of teachers and identify institutions or centres and set up new centres for offering staff development programmes including continuing education of teachers;

(i) lay down norms and standards for courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment and examinations;

(j) fix norms and guidelines for charging tuition and other fees;

(k) grant approval for starting new technical institutions and for introduction of new courses or programmes in consultation with the agencies concerned.

(l) advise the Central Government in respect of grant of charter to any professional body or institution in the field of technical education conferring powers, rights and privileges of it for the promotion of such profession in its field including conduct of examination and awarding of membership certificates;

(m) lay down norms for granting autonomy to technical institutions;

(n) take all necessary steps to prevent commercialisation of technical education;

(o) provide guidelines for admission of students to technical institutions and Universities imparting technical education;

(p) inspect or cause to inspect any technical institution;

(q) withhold or discontinue grants in respect of courses, programmes to such technical institutions which fail to comply with the directions given by the Council within the stipulated period of time and take such other steps as may be necessary for ensuring compliance of the directions of the Council;

(r) take steps to strengthen the existing organisations, and to set up new organisations to ensure effective discharge of the Council’s responsibilities and to create positions of professional, technical and supporting staff based on retirements;

(s) declare technical institutions at various levels and types offering courses in technical education fit to receive grants;

(t) advise the Commission for declaring any institution imparting technical education as a deemed University;

(u) set up a National Board of Accreditation to periodically conduct evaluation of technical institutions or programmes on the basis of guidelines, norms and standards specified, by it and to make recommendation to it, or to the Council, or to the Commission or to other bodies, regarding recognition or de-recognition of the institution or the programme;

(v) perform such other functions as may be prescribed.

11. Inspection .—(1) For the purposes of ascertaining the financial needs of technical institution or a University or its standards of teaching, examination and research, the Council may cause an inspection of, any department or departments of such technical institution or University to by such person or persons as it may direct.(2) The Council shall communicate to the technical institution or University the date on which any inspection under sub-section (1) is to be made and the technical institution or University shall be entitled to by associated with the inspection in such manner as may be prescribed.(3) The Council shall communicate to the technical institution or the University, its views in regard to the results of any such inspection and may, after, ascertaining the opinion of that technical institution or University, recommend to that institution or University the action to be taken as a result of such inspection.(4) All communications to a technical institution or University under this section shall be made to the executive authority thereof and the executive authority of the technical institution or University shall report to the Council the action, if any, which is proposed to be taken for the purposes of implementing any such recommendation as is referred to in sub-section (3).

CHAPTER IV

Bodies Of The Council

12. Executive Committee of the Council .—(1) The Council shall constitute a Committee, called the Executive Committee for discharging such functions as may be assigned to it by the Council.(2) The Executive Committee shall consist of the following members, namely:—

(a) the Chairman of the Council;

(b) the Vice-Chairman of the Council;

(c) Secretary to the Government of India in the Ministry of the Central Government dealing with Education, ex officio ;

(d) two Chairmen of the Regional Committees;

(e) three Chairmen of the Boards of Studies;

(f) a member of the Council representing the Ministry of Finance of the Central Government, ex officio ;

(g) four out of eight members of the Council representing the States and Union territories under clause (k) of sub-section (4) of section 3;

(h) four members with expertise and distinction in areas relevant to technical education to be nominated by the Chairman of the Council;

(i) the Chairman of the University Grants Commission, ex officio ;

(j) the Director, Institute of Manpower Research, ex officio ;

(k) the Director-General of Agriculture Research, ex officio ;

(l) the Member-Secretary of the Council.

(3) The Chairman and the Member-Secretary of the Council shall respectively, function as the Chairman and the Member-Secretary of the Executive Committee.(4) The Chairman or in his absence, the Vice-Chairman of the Council shall preside at the meetings of the, Executive Committee and in the absence of both the Chairman and the Vice-Chairman, any other member chosen by the members present at the meeting shall preside at the meeting.(5) The Executive Committee shall meet at such time and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at such meetings) at the Council may provide by regulations.

13. Boards of Studies .—(1) The Council shall establish the following Boards of Studies, namely:—

(i) All India Board of Vocational Education;

(ii) All India Board of Technical Education;

(iii) All India Board of Under-graduate Studies in Engineering and Technology;

(iv) All India Board of Post-graduate Education and Research in Engineering and Technology;

(v) All India Board of Management Studies.

(2) The Council may, if it considers necessary, establish such other Boards of Studies as it may think fit.(3) Every Board of Studies shall advise the Executive Committee on academic matters falling in its area of concern including norms, standards, model curricula, model facilities and structure of courses.(4) The area of concern, powers, the constitution and functions of the Boards of Studies shall be such as the Council may provide by regulations.

14. Regional Committees .—(1) The Council shall establish the following Regional Committees, namely:—

(i) The Northern Regional Committee with its office at Kanpur;

(ii) The Southern Regional Committee with its office at Madras;

(iii) The Western Regional Committee with its office at Bombay;

(iv) The Eastern Regional Committee with its office at Calcutta.

(2) The Council may, if it considers necessary, establish such other Regional Committee as it any think fit.(3) The Regional Committee shall advise and assist the Council to look into all aspects of planning, promoting and regulating technical education within the region.(4) The region for which the Regional Committees may be established and the constitution and functions of such Committees shall be prescribed by regulation.

CHAPTER V

Finance, Accounts And Audit

15. Payment to the Council .—The Central Government may, after the appropriation made by Parliament by law in this behalf, pay to the Council in each financial year such sums as may be considered necessary for the performance of functions of the Council under this Act.

16. Fund of the Council .—(1) The Council shall have its own Fund; and all sums which may, from time to time, be paid to it by the Central Government and all the receipts of the Council (including any sum which any State Government or any other authority or person may hand over to the Council) shall be credited to the Fund and all payments by the Council shall be made therefrom.(2) All moneys belonging to the Fund shall be deposited in such banks or invested in such manner as may, subject to the approval of the Central Government, be decided by the Council.(3) The Council may spend such sums as it thinks fit for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the Fund of the Council.

17. Budget .—The Council shall prepare, in such form and at such time each year as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the Central Government.

18. Annual Report .—The Council shall prepare once every year in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year, and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament.

19. Accounts and Audit .—(1) The Council shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed.(2) The Council shall, as soon as may be, after closing its annual accounts prepare a statement of accounts in such form, and forward the same to the Comptroller and Auditor-General of India by such date, as the Central Government may, in consultation with the Comptroller and Auditor-General, determine.(3) The accounts of the Council shall be audited by the Comptroller and Auditor General of India at such times and in such manner as he thinks fit.(4) The accounts of the Council as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament.

CHAPTER VI

Miscellaneous

20. Directions by the Central Government .—(1) The Council shall, in the discharge of its functions and duties under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time.(2) The decision of the Central Government as to whether a question is one of policy or not shall be final.

21. Power to supersede the Council .—(1) If the Central Government is of the opinion that the Council is unable to perform, or has persistently made default in the performance of, the duty imposed on it by or under this Act or has exceeded or abused its powers, or has wilfully or without sufficient cause, failed to comply with any direction issued by the Central Government under section 20, the Central Government may, by notification in the Official Gazette, supersede the Council for such period as may be specified in the notification:Provided that before issuing a notification under this sub-section, the Central Government shall give a reasonable time to the Council to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the Council.(2) Upon the publication of a notification under sub-section (1) superseding the Council,—

(a) all the members of the Council shall, notwithstanding that their term of office had not expired, as from the date of supersession, vacate their offices as such members;

(b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Council shall, during the period of supersession, be exercised and performed by such person or persons as the Central Government may direct;

(c) all property vested in the Council shall, during the period of supersession, vest in the Central Government.

(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may—

(a) extend the period of supersession for such further period as it may consider necessary, or

(b) reconstitute the Council in the manner provided in section 3.

22. Power to make rules .—(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

(a) the procedure to be followed by the members in the discharge of their functions;

(b) the inspection of technical institutions and Universities.

(c) the form and manner in which the budget and reports are to be prepared by the Council;

(d) the manner in which the accounts of the Council are to be maintained; and

(e) any other matter which has to be, or may be, prescribed.

23. Power to make regulations .—(1) The Council may, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act, and the rules generally to carry out the purposes of this Act.(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—

(a) regulating the meetings of the Council and the procedure for conducting business thereat;

(b) the terms and conditions of service of the officers and employees of the Council;

(c) regulating the meetings of the Executive Committee and the procedure for conducting business thereat;

(d) the area of concern, the constitution, and powers and functions of the Board of Students,

(e) the region for which the Regional Committee be established and the constitution and functions of such Committee.

24. Rules and regulations to be laid before Parliament .—Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

25. Power to remove difficulties .—(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:

Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act.(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

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REGULATIONS

  1. AICTE (Information & Conduct Of Inspection Of Technical Institutions, Departments Of The Universities & Institutions Declared As Deemed To Be University And Universities And Institutions Declared As Deemed To Be University) Regulations, 2010
  2. AICTE Regulations For Entry And Operation Of Foreign Universities In India Imparting Technical Education, 2003

Legal Essays – 2

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  1. Role of Judiciary to Protect the Democratic Rights and Human Rights of Individual India
  2. One Person Company: A Critical Analysis,
  3. Corporate Crimes: The Need for a Corporate Penal Code,
  4. Position of the Finder of the Lost Goods under the Indian Contract Act: An Analysis,
  5. White collar crimes : A legal challenge on Indian Corporate System,
  6. Corporate Social Responsibility
  7. Protection of Consumers Rights : A challenge to the efficacy of consumer forum
  8. The Class action suit: A challenge for protection of interest of investors,
  9.  Changing Dimensions of Indian Labour Policy and Legislations,
  10. Rule of Law is not an absolute Rule of Justice,
  11. Unorganised Women Workers and Employment Security,
  12. Surrogacy: legal issues
  13. Plant Variety Protection in India
  14. Working of the RTI Act,
  15. Legal Interpretation of Public Interest under Right to Information Act, 2005
  16. Plant Breeders’ Rights(PBR)
  17.  Indian Patent Law: A Critical Analysis
  18. Judicial Approach towards Corporate Social Responsibility
  19. Role of civil servants in India interpreting  Good Governance
  20. Bio-Piracy And Traditional Knowledge:
  21. Protection From ‘Double Jeopardy’: A Constitutional Imperative
  22. Protection Of Human Rights Of Prisoners In India: Role Of Judiciary,
  23. Tribal Displacement In The Name Of Development In India
  24. Protection Of Child Rights In India
  25. Freedom Of Press In Indian Constitution
  26. Constitutional Framework For Secularism In India: A Brief Review the law as developed.
  27. Privilege Against Self-Incrimination Under, Indian Constitution
  28. Legal Aid  And Access To Justice
  29. Development Induced Displacement and Settlement:
  30. Right to information and Good Governance,
  31. Rational of Honour Killing,
  32. Security to Insured
  33. Property Rights of Indian Women,
  34. History of Corporate Law in India,
  35. An Overview of Article 21 of the Indian Constitution
  36. Sebi and the Protection of the Investors
  37. Investor Protection: The Class Action Suits
  38. Economic Empowerment of Women: The micro credit
  39. Improving Common Investor Confidence in Public issues of India
  40. History of Stock Market In India
  41. Safe Motherhood: An Indian perspective
  42. Judiciary, Democracy and Tradition:
  43. Rationale of Honour Killing
  44. Human Rights Issues & Implications of Vulnerable Children in India