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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 

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  1. Information and Communication Technology

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  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

2bdf6-writing

  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

The West Bengal Board of Madrasah Education Act, 1994.

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West Bengal Act 39 of 1994

[8th August, 1994.]

CHAPTER I

Assent of the Governor first publish in the Calcutta Gazette, Extraordinary, dated 8th August, 1994.

An Act to establish a Board of Madrasah Education in West Bengal and to provide for matters connected therewith or incidental thereto.

Whereas it is expedient to establish a Board of Madrasah Education in West Bengal and to provide for matters connected therewith or incidental thereto;

It is hereby enacted as follows : –

Preliminary

1. Short title, extent and commencement. – (1) This Act may be called the West Bengal Board of Madrasah Education Act, 1994.(2) It extends to the whole of West Bengal.(3) It shall come into force on such date as the State Government may, by notification, appoint.2. Definitions. – In this Act, unless the context otherwise requires, –

[(a) ‘Alim Madrasah’ means a Madrasah where the Senior Madrasah Education system is followed upto tenth class;]

[(aa)] “Board” means the West Bengal Board of Madrasah Education established under this Act;

[(aaa) ‘elementary education’ means the general education or Madrasah Education from first class to eighth class.

(aaaa) ‘Fazil Madrasah’ means a Madrasah where the Senior MAdrasah Education system is followed upto twelfth class;]

(b) “Head of Madrasah” means the head of the teaching staff of a Madrasah, by whatever name he or she may be designated;

(c) “High Madrasah” means a Madrasah where the High Madrasah Education System is followed;

(d) “Institution” means a Madrasah;

(e) “Junior High Madrasah” means a High Madrasah up to middle level;

(f) “Madrasah” means an educational institution imparting instruction in Madrasah Education;

(g) “Madrasah Education” means a system of education in which instruction is imparted in Arabic, Islamic history and culture, and theology, and includes –

(i) High Madrasah Education System which, in addition to covering Arabic language and Islamic history and culture, imparts general education [including primary education] with a view to qualifying students for admission to a certificate, diploma or degree course instituted by a University or by a Government or by any statutory authority, and includes such other type of education as the State Government may, in consultation with the Board, specify;

(ii) Senior Madrasah Education System which imparts instruction in Arabic language and literature, Islamic theology, history, culture and jurisprudence and some general education with a view to qualifying students for a certificate, diploma or degree of the Board or a University or a Government or any other statutory authority;

(h) “Managing Committee” used in reference to an Institution means the person or the body of persons for the time being entrusted with the management of the affairs of the Institution;

(i) “notification” means a notification published in the Official Gazette;

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

(k) “President” means the President of the Board;

(l) “Primary Education” means education imparted in a primary school as defined in any Bengal Act or West Bengal Act or education equivalent thereto;

(ll) “Primary Madrasah” means an institution where High Madrasah Education System or Senior Madrasah Education system is followed from first class to fourth or fifth class, as the case may be;

(m) “recognised” with its grammatical variations, used with reference to a Madrasah, means recognised under this Act or by the West Bengal Madrasah Education Board constituted by the State Government before the commencement of this Act;

(n) “regulation” means a regulation made by the Board under this Act;

(o) “rule” means a rule made by the State Government under this Act;

[(oo) “secondary education” means the general education or Madrash Education system is followed from first class to fourth or fifth class, as the case may be;]

(p) “Senior Madrasah” means a Madrasah where the Senior Madrasah Education System is followed.

CHAPTER II

The Board

3. Establishment and incorporation of the Board. – (1) The State Government shall, as soon as may be after this Act comes into force, establish a Board to be called the West Bengal Board of Madrasah Education.

(2) The Board shall be a body corporate with perpetual succession and a common seal, shall be entitled to acquire, hold and dispose of property, to enter into contracts and to do all other things necessary for the purposes of this Act, and shall by its name sue and be sued.

4. Composition of the Board. – The Board shall consist of the following members: –

(a) the President;

(b) the President of the West Bengal Council of Higher Secondary Education, ex officio;

(c) the President of the West Bengal Board of Secondary Education, ex officio;

(d) the President of the West Bengal Board of Primary Education, ex officio;

[(e) the Director of Madrasah Education, West Bengal, ex officio]

(f) the Head of the Department of Arabic, Calcutta University, ex-officio;

[(g) the representative of Vice-Chancellor Allah University, ex officio;]

(h) two heads of recognised Madrasahs—one High Madrasah and one Senior Madrasah—nominated by the State Government;

(i) two Members of the West Bengal Legislative Assembly nominated by the State Government;

(j) three persons nominated by the State Government of whom –

(i) one shall be a wholetime member of the teaching staff of a college imparting instruction in Arabic or Persian language and affiliated to any University in West Bengal,

(ii) one shall be an expert in Islamic Culture and Theology, and

(iii) one shall be a woman interested in Madrasah Education;

(k) Eleven whole time and permanent members of the teaching staff of recognised Madrasahs—five from High Madrasahs, three from Senior Madrasahs and two from Junior High Madrasahs and one from Primary Madrasah — elected in the manner prescribed;

(l) two persons from the wholetime and permanent non teaching staff of recognised Madrasahs elected in the manner prescribed;

(m) one person from the wholetime and permanent staff of the Board elected in the manner prescribed.

5. Appointment in default of election. – (1) If by such date as may be prescribed, any of the authorities, other than the State Government, fails to elect or nominate a member or members as provided in section 4, the State Government shall appoint member or members qualified for election or nomination by such authority:Provided that in the case of the State Legislative Assembly, if the said Assembly has been dissolved, the State Government shall appoint a suitable person to be a member to hold office until the said Assembly is reconstituted and a member is duly nominated.(2) A person appointed under this section shall be deemed to be a member duly elected or nominated under section 4.

6. Publication of the names of elected, nominated or appointed members of the Board. – The name of every person elected or nominated under section 4 or appointed under section 5 as a member of the Board shall be published in the Official Gazette as soon as may be after the election, nomination or appointment, as the case may be.

7. Term of office of members of the Board. – (1) Subject to the provisions of this Act, every elected, nominated or appointed member of the Board shall hold office for a term of four years from the date of publication of his or her name under section 6 and may, on expiration of such term, be re-elected, re-nominated or re-appointed.(2) Notwithstanding the expiration of the term of four years specified in sub-section (1), an elected, nominated or appointed member of the Board shall continue to hold office until the vacancy caused by the expiration of the said term has been filled in accordance with the provisions of this Act.

8. Casual vacancies. – If any member dies or resigns his office or ceases to be a member for any other reason, the vacancy shall be filled up by a fresh nomination or election under section 4, and the member so elected or nominated shall hold office for the unexpired portion of the term of the member whose place he fills.

9. Appointment, term of office, salary and allowances of the President. – (1) The President shall be appointed by the State Government.

(2) The term of office of the President shall be for five years.[Provided that no person who has attained the age of sixty-two years shall be eligible to hold office as President:Provided further that the State Government may, if it considers necessary so to do in the interest of public service and the reasons to be recorded in writing, by order raise the said upper age limit of sixty-two years, in a particular case, by a period not exceeding one year.]

(3) The President shall cease to hold office if, at any time, he becomes subject to any of the disqualifications referred to in sub-section (1) of section 11.(4) The President may resign his office by giving notice in writing to the State Government and, on acceptance of such resignation by the State Government, the President shall be deemed to have vacated his office.(5) The President shall receive such salary and allowances, if any, from the West Bengal Board of Madrasah Education Fund as the State Government may determine.

10. Temporary and acting arrangement for the office of the President. – If the President dies or resigns his office or ceases to hold office or is temporarily absent, the State Government shall authorise a member of the board to exercise the powers and perform the duties of the office of the President until the President resumes office or a new President is appointed, as the case may be.

11. Disqualifications for membership. – (1) A person shall be disqualified for being elected, nominated or appointed a member of the Board if he –

(a) has been adjudged by a competent court to be of unsound mind;

(b) is an undischarged insolvent;

(c) being a discharged insolvent, has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part;

(d) has been convicted by a court of an offence which is declared by the State Government to be an offence involving moral turpitude, unless –

(i) such disqualification is condoned by the State Government, or

(ii) the term of his sentence of imprisonment or a period of five years from the date of his conviction, whichever is longer, has expired;

(e) directly or indirectly, by himself or his partner, –

(i) has or had any share or interest in any text-book approved by the Board or published by or under the authority of the Board, or

(ii) has any interests in any work done by order of, or in any contract entered into on behalf of, the Board:

Provided that a person who had any share or interests in any textbook referred to in sub-clause (i) shall not be deemed to have incurred the disqualification under the said sub-clause if five years have elapsed from the date of the publication or republication of such text-book.(2) If an elected, nominated or appointed member of the Board becomes, after his election, nomination or appointment, as the case may be, subject to any of the disqualifications specified in sub-section (1), his membership shall thereupon cease with effect from such date as the State Government may direct.

12. Disputes relating to the eligibility or manner of election of members. – (1) If any question arises relating to –

(i) the eligibility of any person for election as a member of the Board, or of any Committee under this Act, or

(ii) the manner in which any such election has been held, or

(iii) the disqualification of any member of the Board, or of any Committee, continuing as such member,

such question shall be referred for decision to a Tribunal consisting of a Judicial Officer, not below the rank of a District Judge or an Additional District Judge, appointed by the State Government.(2) The Procedure to be followed by the Tribunal shall be such as may be prescribed.(3) The decision of the Tribunal under sub-section (1) shall be final and no suit or proceeding shall lie in any Civil or Criminal Court in respect of any matter which has been or may be referred to, or has been decided by, the Tribunal under that sub-section.

13. Resignation and removal of members. – (1) An elected, nominated or appointed member of the Board may resign his seat by giving notice at least for one month in writing to the President, and when such resignation is accepted by the Board, such member shall be deemed to have vacated his seat.(2) The State Government may, by notification, and after giving the member concerned an opportunity of being heard, remove any elected, nominated or appointed member of the Board if, without obtaining the consent of the President, he is absent from three consecutive meetings of the Board.

14. Conduct of meetings. – The President or, in his absence, one of the members of the Board elected from amongst those present shall preside at the meetings of the Board, and the President or such member shall be entitled to vote on any matter and shall have a second or casting vote in every case or equality of votes.

15. Restriction on voting. – (1) No member of the Board shall vote on any matter in which he has any personal or pecuniary interest or if it relates to any Institution of which he is either a teacher or a member of the Managing Committee.(2) The President or the member presiding at a meeting of the Board shall decide any question arising under sub-section (1), and his decision thereon shall be final.

16. Persons in the service of the Board. – (1) The Board shall have a Secretary who shall be appointed by the State Government.(2) The Board may appoint such other officers and employees as it considers necessary for carrying out the purposes of this Act.(3) The method of recruitment and the conditions of service (including the scales of pay and allowances, if any) shall, –

(a) as respects the Secretary, be such as may be prescribed, and

(b) as respects the other officers and employees, be such as may, subject to the approval of the State Government, be determined by regulations published in the Official Gazette.

(4) Subject to the general control and supervision of the President, Secretary shall be the principal administrative officer of the Board. He shall be entitled to attend and speak at any meetings of the Board, but shall not be entitled to vote.

17. Travelling allowance. – Such members of the Board or of any Committee constituted under this Act as are not in the service of the State Government shall, in respect of expenses incurred by them in attending meetings of the Board or of any such Committee or in exercising any powers or performing any duties conferred or imposed upon them by or under this Act, be paid by the Board such allowances and at such rates as may be prescribed.

CHAPTER III

Committees of the Board

18. Constitution of Committees. – (1) As soon as the Board is established, the Board may, with the approval of the State Government, constitute any or core of the following Committees, namely: –

(a) the Recognition Committee;

(b) the Syllabus Committee;

(c) the Examinations Committee;

(d) the Finance Committee;

(e) the Appeal Committee; and

(f) such other Committee or Committees as it may think necessary.

(2) Each of the Committees referred to in clauses (a) to (d) and (f) of sub-section (1) shall be composed of the President as its Chairman and wholly, or partly, of members of the Board, and the total number of members of such Committee including the President shall not exceed nine.(3) The Appeal Committee shall be composed of not more than seven members of whom one shall be a person who holds or has held the office of a Judge, not below the rank of an Additional District Judge to be nominated by the State Government as the Chairman, and such number of other members as the Board thinks fit shall be the members of the Board.(4) The Secretary to the Board shall act as the Secretary to each such Committee.

19. Functions of Committee. – (1) It shall be the duty of the Recognition Committee to advise the Board on all matters concerning recognition of Institutions.(2) It shall be the duty of the Syllabus Committee to advise the Board on all matters relating to the syllabus, courses of studies to be followed and the books to be studied in recognised Institutions and for examinations instituted by the Board.(3) It shall be the duty of the Examinations Committee to advise the Board on –

(a) matters relating to selection of paper setters, moderators, tabulators, examiners, invigilators, supervisors and others to be employed in connection with examinations instituted by the Board and the rates of remuneration to be paid to them;

(b) the fees to be’ paid by candidates for such examinations; and

(c) any other matter relating to such examinations which may be referred to it by the Board for advice.

(4) It shall be the duty of the Finance Committee to prepare the budget of the Board and to advise the Board on such matters relating to finance as may be referred to it by the Board for advice.(5) (a) All appeals by the members of the teaching and non-teaching staff against the decisions of the Managing Committees of the recognised Institutions shall be heard and decided by the Appeal Committee.

(b) The decisions of the Appeal Committee under clause (a) shall be final and no suit or proceeding shall lie in any Civil or Criminal Court in respect of any matter which has been or may be referred to, or has been decided by, the Appeal Committee.

(6) Any other Committee or Committees that may be constituted under clause (f) of sub-section (1) of section 18 shall have such powers or functions as the Board may confer or impose on such Committee or Committees.

CHAPTER IV

Powers and Functions of the Board and the President

20. Functions of the Board. – (1) It shall be the duty of the Board to advise the State Government on all matters relating to Madrasah Education referred to it by the State Government.(2) Subject to any general or special orders of the State Government, the provisions of this Act and any rules made thereunder, the Board shall have generally the power to direct, supervise and control Madrasah Education, and, in particular, the power –

(a) to grant or refuse recognition to Madrasah and to withdraw such recognition if it thinks fit and necessary, after considering the recommendations of the Recognition Committee in accordance with such regulations as may be made in this behalf;

(b) to maintain a register of recognised Madrasahs;

(c) to provide by regulations, after considering the recommendations of the Syllabus Committee, if any, the curriculum, syllabus, courses or studies to be followed and books to be studied in recognised Madrasahs for examinations instituted by the Board;

(d) to undertake, if necessary, with the approval of the State Government, the preparation, publication or sale of text-books and other books for use in recognised Madrasahs;

(e) to maintain and publish, from time to time, [list of holidays for recognized Madrasahs] list of books approved for use in recognised Madrasahs and for examinations instituted by the Board and to remove the name of any such book from any such list;

[(ee) to maintain, print and issue from time to time, the Registration Certificate. Admit Card, Marksheet, Migration Certificate, Certificates and such other papers as it may thinks fit;]

(f) to institute various Madrasah Examinations and such other similar examinations as it may think fit and to make regulations in this behalf;

[(g) to set down the conditions to be fulfilled by the candidates presenting themselves for examinations instituted by the Board;]

(h) to provide by regulations after considering the recommendations of the Examinations Committee, if any, the rates of remuneration to be paid to the paper-setters, moderators, tabulators, examiners, invigilators, supervisors and others employed in connection with the examinations instituted by the Board, and the fees to be paid by candidates for such examinations with the approval of the State Government;

(i) to grant or refuse permission to candidates to appear at examinations instituted by the Board and to withdraw such permission if it thinks fit in accordance with such regulations as may be made in this behalf;

(j) to provide by regulations the procedure for filling and disposal of appeals by the members of the teaching and non-teaching staff against the decisions of the Managing Committees of recognised Madrasahs;

(k) to administer the West Bengal Madrasah Education Board Fund;

(l) to institute and administer such Provident Funds as may be prescribed;

(m) to make regulations relating to the conduct, discipline and appeal in respect of the members of the staff;

(n) to perform such other functions as may be assigned to it by the State Government.

(3) Subject to the provisions of sub-section (2), the Board shall have the power to make regulations in respect of any matter for the proper exercise of its powers under this Act.[Provided that any decision or action taken or any order made by the Board in the discharge of its functions under this Act shall not be invalid merely on the ground that no regulation has been made under this sub-section.](4) No regulation shall be valid unless it is approved by the State Government and the State Government may, in according such approval, make such additions, alterations or modifications therein as it thinks fit:Provided that before making any such addition, alteration or modification, the State Government shall give the Board an opportunity to express its views thereon within such period, not exceeding one month, as may be specified by the State Government.(5) All regulations approved by the State Government shall be published in the Official Gazette.

21. Powers and duties of the President. – (1) The President shall be responsible for carrying out, and giving effect to, the decisions of the Board and of any Committee constituted under this Act.(2) The President may, in any emergency, exercise any other powers of the Board, provided, however, that he shall not act contrary to any decision of the Board and shall, as soon thereafter as may be, report to the Board the action taken by him together with the reasons therefor.(3) The President shall –

(a) exercise general supervision over the Secretary, the other officers and employees appointed by the Board, and post and transfer the members of the staff;

(b) sanction all claims of travelling allowances; and

(c) take such other action not inconsistent with any decisions of the Board as he considers necessary for the proper functioning of the Board under this Act.

CHAPTER V

Meetings

22. Meetings of the Board. – (1) The annual meeting of the Board shall be held in the month of July each year.(2) The Board shall meet at such other times, not less than four times a year, as may be appointed by the President.(3) The President shall, except in the case of an emergency meeting referred to in sub-section (6), give to each member not less than seven days’ notice of each meeting including the annual or a special meeting:Provided that the President shall, on receipt of a requisition signed by not less than ten members of the Board, call a meeting within fifteen days from the date of receipt of such requisition, and no business, other than that on account of which the requisition has been received, shall be transacted at such a meeting.(4) On receipt of a requisition signed by not less than six members of the Board, the President shall place before a meeting of the Board for discussion any decision of any Committee constituted under this Act to which such requisition relates, and the Board may revise any such decision if not less than two-thirds of the total number of members of the Board are in favour of such revision.(5) No matter which has been decided by the Board shall, within the period of six months from the date of such decision, be reconsidered except at a special meeting of the board convened for the purpose upon the requisition of ten members and unless not less than two-thirds of the total number of members of the Board vote in favour of such reconsideration.(6) In case of an emergency, the President may call a meeting, after giving not less than clear two days’ notice thereof.(7) No business shall be transacted at any meetings of the Board unless a quorum of ten members is present.

23. Meetings of Committee. – The Board shall make regulations relating to meetings of any Committee constituted under this Act and the procedure to be followed at such meetings.

CHAPTER VI

Finance and Audit

24. Annual report and budget estimate. – (1) The President shall place before the annual meeting of the Board held in the year following the year in which it is constituted and before every annual meeting thereafter a report on the working of the Board during the last preceding financial year.(2) The report shall be forwarded to the State Government within one month of the presentation thereof before the annual meeting of the Board together with such comments thereon as the Board may think fit to make.(3) (a) The Board shall hold a special meeting by the 31st October of every financial year and the President shall place before the said meeting a budget estimate showing, in such form as may be prescribed, the anticipated income and expenditure of the Board for the next financial year.

(b) The budget estimate as aforesaid shall, after confirmation by the Board, be forwarded to the State Government by the 30th November of the financial year in which the special meeting referred to in clause (a) is held.

(4) (a) The State Government shall, within two months of the receipt of the budget estimate, either accord its approval to the same or return it to the Board with such comments and suggestions as it deems necessary if, in its opinion, such estimate –

(i) is not reasonably accurate with reference to ascertainable facts or shows a deficit in the closing balance;

(ii) includes new items or recurring expenditure which are likely to impose upon the Board in the future financial liabilities which the Board is not likely to be able to meet from its income; or

(iii) includes provisions for expenditure which are not in accordance with the provisions of this Act.

(b) If the budget estimate is returned under clause (a), the Board shall consider the comments and suggestions made by the State Government and may, if it thinks fit, revise said estimate. The Board shall, then, resubmit the budget estimate as so revised to the State Government, or the Board shall, if it does not think fit to revise the estimate, resubmit it in its original form to the State Government within one month of receiving it together with its replies on the comments and suggestions made by the State Government.

(c) If the State Government does not approve of the budget estimate as revised by the Board or if the budget estimate is returned by the Board without revision, the State Government may amend the budget estimate by making –

(i) such modifications as are, in its opinion, necessary to render the estimate reasonably accurate with reference to ascertainable facts or to balance the income and expenditure,

(ii) additions, alterations or modifications in any provision relating to new expenditure of a recurring nature,

(iii) any alteration or modification in any provision for expenditure which, in its opinion, is not in accordance with the provisions of this Act, and shall forward the budget estimate as so amended to the Board.

(5) If the State Government does not accord its approval to the budget estimate under clause (b) of sub-section (3) within two months of the receipt thereof, or if the State Government does not communicate its approval of the budget estimate to the Board under clause (c) of sub-section (4) within the 31st March of the financial year immediately preceding the financial year to which the budget estimate relates, the budget estimate as forwarded to the State Government by the Board under clause (b) of sub-section (3) or as resubmitted to the State Government by the Board under clause (b) of sub-section (4), as the case may be, shall be deemed to have been approved by the State Government and shall be the budget estimate of the Board for the financial year to which it relates.

25. Payment to the Board by the State Government. – The State Government may, after considering the budget estimates, the accounts of the Board and such other reports as it may call for, make such annual or periodical grants to the Board as it may think fit:Provided that on the establishment of the Board and before the first budget estimate is forwarded to the State Government, it may, after considering such report as it may call for from the Board, make such initial grant to the Board as may, be considered necessary.

26. West Bengal Madrasah Education Board Fund. – (1) The Board shall have a Fund to be called the West Bengal Board of Madrasah Education Fund to which shall be credited –

(a) all sums which may be paid by the State Government under section 25;

(b) all fees realised under any of the provisions of this Act;

(c) all sums representing income from endowments or from property owned or managed by the Board; and

(d) all other sums received by or on behalf of the Board from any other source whatsoever.

(2) The Fund shall vest in the Board and shall be under its control and shall be held by it in trust for the purposes of this Act.(3) All monies payable to the credit of the Fund shall forthwith be paid into the Reserve Bank of India or into the State Bank of India or any branch thereof or into the United Bank of India or any branch thereof to the credit of the Fund, and all cheques drawn on the Fund shall be signed by the President or by such other person as he may authorise in writing in this behalf.

27. Application of the West Bengal Board of Madrasah Education Fund. – No expenditure shall be incurred from the Fund except for the purposes of this Act and unless such expenditure is provided for in the budget as approved under this Act or can be met by re-appropriation sanctioned in the prescribed manner.

28. Accounts. – The Board shall keep an account of all its receipts and expenditure in the manner prescribed.

29. Audit. – (1) The accounts of the Board shall be examined and audited annually in such manner as may be prescribed by an auditor or auditors appointed by the State Government.(2) For the purpose of examination and audit under sub-section (1), an auditor appointed under that sub-section may –

(a) require in writing the production before him of any document relating to the Board or the assets thereof which he considers to be necessary for the proper conduct of the audit;

(b) require in writing the personal appearance before him of any person accountable for, or having the custody or control of, any such document to answer any question relating thereto; and

(c) require any person so appearing before him to submit a statement in writing in respect of any such document.

(3) It shall be the duty of the Board and of every member thereof, and of the Secretary and the members of the staff in the service of the Board to afford to the auditor every facility for the examination and audit of the accounts of the Board and to comply with any requisition made by the auditor under sub-section (2) and with the requirement of any rule made in this behalf.(4) Any person who wilfully neglects or refuses to comply with a requisition made under sub-section (2) or with the requirement of any rule made in this behalf shall, on conviction, be punishable with fine which may extend to one hundred rupees.(5) No complaint in respect of any officer punishable under sub-section (4) shall be made except with the previous sanction of the State Government.(6) No Magistrate other than a Judicial Magistrate of the First class shall try an offence punishable under sub-section (4).

30. Audit Report. – (1) Not more than fourteen days after completion of the audit the auditor shall submit to the State Government a report on the accounts audited, and shall send a copy thereof to the Board which shall forward it to the State Government together with its observations thereon.(2) The State Government shall take such action on the audit report as it thinks fit.

CHAPTER VII

Supplemental Provisions

31. Board to furnish information. – The Board shall furnish to the State Government such reports, returns and statements as may be prescribed, and such further information on any matter relating to the Board as the State Government may require.

32. Power of State Government to suspend proceedings. – The State Government may, by order in writing specifying the reasons thereof, suspend the execution of any resolution or order of the Board or any Committee constituted under this Act and prohibit the doing of any act which purports to be done or intended to be done under this Act, if the State Government is of opinion that such resolution, order or act is in excess of the powers conferred by or under this Act upon the Board or the Committee, as the case may be.

33. Certain persons to be deemed to be public servants. – The members of the Board and of every Committee constituted under this Act, persons in the service of the Board and any person appointed under this Act to audit the accounts of the Board shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

34. Indemnity. – No suit, prosecution or other legal proceeding whatever shall lie against any person for anything in good faith done or intended to be done under this Act.

35. Power of Tribunals. – A Tribunal appointed under this Act shall have all the powers of a Civil Court for the purposes of receiving evidence, administering oaths, and enforcing the attendance of witnesses and compelling the discovery and production of documents and shall be deemed to be a Civil Court within the meaning of sections 345 and 346 of the Code of Criminal Procedure, 1973.

36. Savings. – No act or proceeding taken under this Act shall be invalid on the ground merely of –

(a) the existence of any vacancy in, or defects in the initial or subsequent constitution of, the Board or any Committee constituted under this Act,

(b) any member of the Board having voted on any matter in contravention of the provisions of section 15, or

(c) any defect or irregularity not affecting the merits of the case.

37. Transitory provisions. – (1) The President shall make the first regulations for the purposes of this Act.(2) The first regulations shall remain in force for a period of one year or until regulations are made by the Board under the provisions of this Act, whichever is earlier.

38. Power to make rules. – (1) The State Government may, after previous publication, make rules for carrying 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 acquisition, possession and disposal of property by the Board, the conditions of such acquisition, possession and disposal, and performance by the Board of any function referred to in subsection (2) of section 3;

(b) the manner of election of the members of the Board specified in clauses (k), (I) and (m) of section 4;

(c) the composition, powers and functions of the Managing Committees of Institutions;

(d) the procedure to be followed by a Tribunal in deciding on questions referred to in sub-section (1) of section 12;

(e) the method of recruitment, the terms and conditions of service including the scales of pay and the rules of discipline relating to the Secretary of the Board;

(f) the rates at which the Board shall pay travelling allowance to the persons referred to in section 17;

(g) the Provident Fund referred to in clause (I) of sub-section (2) of section 20 as may be instituted and administered by the Board;

(h) the form in which the budget estimate of the Board, as referred to in clause (a) of sub-section (3) of section 24, shall be prepared;

(i) the manner in which all payments to and from the West Bengal Board of Madrasah Education Fund shall be made;

(j) the manner of reappropriation under section 27;

(k) the manner and form in which accounts of receipts and expenditure shall be kept under section 28;

(l) the manner in which examination and audit of the accounts of the Board shall be made;

(m) the reports, returns and statements to be furnished by the Board under section 31 and the forms of such reports, returns and statements;

(n) any other matter required to be prescribed or provided or made by rules.

39. Repeal, saving and validation. – (1) The resolution made under notification No. 211—Education, dated the 2nd February, 1973, by the State Government constituting the West Bengal Madrasah Education Board (hereinafter referred to as the former Board) is hereby repealed.(2) Upon such repeal, –

(a) all property and assets under the control of the former Board and all rights, liabilities and obligations acquired or incurred by the former Board before the commencement of this Act shall vest in the Board in accordance with such order as the State Government may make in this behalf;

(b) all legal proceedings or remedies instituted or enforceable by or against the former Board before the commencement of this Act may be continued or enforced, as the case may be, by or against the Board as established under this Act or, until the Board is so established, by or against such officer or authority as the State Government may by order specify;

(c) all officers and other persons in the employ of the former Board immediately before the commencement of this Act shall, until other provision in made, continue in the service of the Board;

(d) all recognised Madrasahs shall be deemed to have been recognised under this Act until the expiration of the period of recognition, subject, however, to the power of the Board, to withdraw recognition in accordance to the provisions of this Act; and

(e) all syllabuses, courses of studies and text-books in force shall, until other provision is made under this Act, continue to be followed.

40. Board to be guided by directions of the State Government. – The Board shall, in exercising its powers and performing its duties under this Act, be guided by such directions as the State Government may, by notification, give from time to time regarding the scope and content of Madrasah Education.

41. Supersession of the Board. – (1) If in the opinion of the State Government, the Board –

(a) has persistently made default in the performance of duties imposed on it, or

(b) has exceeded or abused its powers, the State Government may, by an order published in the Official Gazette and stating the reasons therefor, supersede the Board for such period, not exceeding two years, as may be specified in the order, and take such steps as may be necessary to re-establish the Board immediately on the expiry of the period of supersession.

(2) The State Government may, if it considers necessary so to do, by order extend or modify from time to time the period of supersession which shall in no case in aggregate exceed three years.

42. Consequences of supersession. – (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, with effect from the date of an order of supersession made under section 41, –

(a) all the members of the Board and the Committees constituted under this Act and the President shall vacate their offices,

(b) all the powers, duties and functions which, under the provisions of this Act or any rule or regulation made thereunder or of any other law for the time being in force, may be exercised or performed by the Board or any of the Committees or the President, shall be exercised or performed by an Administrator to be appointed by the State Government in this behalf.

Provided that an Administrator appointed under this clause may delegate any of his powers, duties or functions to such person as he may think fit or to such body as may be constituted by him;

(c) the representatives of the Board on every body, statutory or otherwise, shall vacate their respective offices as such representatives, and the Administrator may nominate such person or persons to represent the Board or that body as he may think fit.

(2) The State Government may, by an order published in the Official Gazette, cancel an order made under section 41 and re-establish the Board.(3) On the re-establishment of the Board under sub-section (3), the Administrator shall cease to exercise his powers and perform his duties.(4) The terms and conditions of service of the Administrator shall be such as may be fixed by the State Government by order made in this behalf.

43. Board to continue as a body corporate. – For removal of doubts, it is hereby declared that an order of supersession made under section 41 shall not effect or imply in any way the dissolution of the Board as a body corporate.

44. Re-establishment of the Board. – (1) The State Government shall, by an order published in the Official Gazette, specify the date on which the Board is re-established in accordance with the provisions of section 4.(2) The State Government shall, by an order published in the Official Gazette, specify the dates by which the authorities (other than the State Government) shall elect or nominate members referred to in section 4. If such member or members are not elected or nominated, as the case may be, by the specified dates, the State Government shall appoint such member or members from amongst the persons qualified for such election or nomination, as the case may be.(3) Until election of members referred to in section 4 is held, the State Government shall appoint such member or members from amongst the persons qualified for election under clauses (k), (l) and (m) of section 4.(4) (a) The members appointed under sub-section (2) shall hold office until nomination of members under section 4 is made.

(b) The members appointed under sub-section (3) shall hold office until election of members referred to in section 4 is held and the result of such election is published in the Official Gazette in this behalf.

45. Power to remove difficulties. – If any difficulty arises in giving effect to the provisions of this Act, the State Government may make such order or do such thing, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty.

The Serampore College Act, 1918 [ West Bengal ]

Related image

Bengal Act 4 of 1918

[1st May, 1918]

An Act to supplement, and in certain matters to supersede, the Royal Charter of Incorporation and the Statute and Regulation of the Serampore College.

Whereas on the 23rd day of February, 1827, the institution established in Serampore, Bengal, and known as the Serampore College, was incorporated by Royal Charter granted by his late Danish Majesty King Frederick the Sixth, with the powers and privileges in the said Royal Charter set forth, including the power of conferring upon the students of the said college degrees of rank and honour according to their proficiency in science;

And whereas by Article VI of the Treaty of Purchase, dated the 22nd February, 1845, transferring Serampore to the British Government, it was provided that the rights and immunities granted to the Serampore College by the said Royal Charter, as translated and contained in Schedule I to this Act, should not be interfered with but should continue in force in the same manner as if they had been obtained by a Charter from the British Government, subject to the general law of British India;

And whereas Statutes and Regulations for the better government of the said college and management of its concerns, as contained in Schedule II to this Act, were, on the 12th day of June, 1833, made and established under the powers conferred by Article 4 of the said Royal Charter;

And whereas, under the provisions of the said Royal Charter, the Council of the college consists of a Master or President and two or four members elected as provided in the said Statutes and Regulations, and the management of the college and its general order and government is vested in the Master and Council, and the said power of conferring degree of rank and honour is vested in the first Council and their successors for ever;And whereas it is considered that in order to give effect, under the conditions now existing, to the intentions of his late Danish Majesty and of the founders of the said college, that is to say, to promote piety and learning, particularly among the native Christian population of India, the amendment of the constitution of the college, by the enlargement of the college on an interdenominational basis, with power to delegate some of its functions, in manner hereinafter appearing, is required;

And whereas the present Council of the said college consists of the Reverend George Pearce Gould, M.A., D.D., Master and President, George Barclay Leechman, Esq., Sir George Watson Macalpine. LL.D., the Reverend Robert Forman Horton, M.A., D.D., and the Reverend George Howells, M.A., Ph.D., Principal of the college;

And whereas it is deemed expedient by the Governor an Council, with the consent of the said Council of the Serampore College, that a Faculty and Senate be constituted for the said college in manner hereinafter appearing and that suitable standards be imposed in regard to any secular degrees that may hereafter be conferred by the said Council under the terms of the said Royal Charter;

And whereas it is necessary to make provision for the above purposes by subjecting the said Royal Charter, Statutes and Regulations to an Act of the legislature under the general law of British India in accordance with the terms of the aforesaid Treaty;

And whereas the previous sanction of the Governor General in Council has been obtained to the passing of this Act.

It is hereby enacted as follows :-

1. Short title. – This Act may be called the Serampore College Act, 1918.

2. Constitution of the Council. – (1) The Council of the Sarampore College as constituted by the Royal Charter of the 23rd day of February, 1827, shall be enlarged so as to consist of not less than five nor more than sixteen ordinary members, including the Master, as the Council may from time to time determine. The first Council constituted under this section shall include the present Master and President and the other present members.

(2) At least one-third of the members of the Council shall be members of the Baptist denomination.

(3) The Master shall be the President of the Council.

(4) The Principal of the College, if not an ordinary member, shall be an additional member of the Council ex officio during his term of office as Principal of the college.

(5) Until otherwise determined by by-law made under section 14, three members of the Council shall form quorum.

3. Resignation of Members. – Any members of the Council may at any time resign his office by notice in writing to the Master, provided that no such resignation shall be deemed to take effect so long as the total number of members of the Council shall by reason thereof be less than five.

4. Election of Master. – On any vacancy occurring in the office of Master the remaining members of the Council shall elect another person, whether one of their member or not, to fill his place.

5. The College Faculty. – The Council shall, within one year from the date of the commencement of this Act, constitute and appoint in the manner prescribed in section 6, a body to be known as the college Faculty.

6. Constitution of the College Faculty. – (1) The Faculty shall consist of the Principal (who shall be its President) and such of the professors and other officials and functionaries of the college as may be appointed by the Council in accordance with by-laws made under section 14.

(2) The Council shall from time to time prescribed and declare by order in writing the powers and duties of the Faculty, and may remove any member thereof.

7. Delegation of Council’s power and duties. – The Council may delegate to the Faculty all or any of the powers and duties of the Council and Master, which concern only the internal management of the college and its general order and good government.

8. The Senate of the College. – The Council shall, within one year from the date of the commencement of this Act, constitute and appoint in the manner prescribed in section 9, a body to be known as the Senate of the college.

9. Constitution of the Senate. – The Senate shall consist of the Principal (who shall be Convenor) and not less than twelve and more than eighteen persons as the Council may from time to time determine, to be appointed by the Council:Provided that –

(a) at least one and not more than three representative of each of the following Christian denominations, viz., Anglican, Baptist, Congregational, Lutheran, Methodist, Presbyterian and Syrian, shall, as far as practicable, be members of the Senate;

(b) at least two-thirds of the members shall be persons other than professors, officials or functionaries of the college;

(c) not less than one-sixth of the members shall be members of the College Faculty.

10. Term of office of members of the Senate. – (1) Subject to the provisions of clause 11 of the Statutes and Regulations of the college, which shall be deemed to apply to members of the Senate, each member of the Senate shall hold office for a period of five years, at the expiration of which period he shall retire, but he shall be eligible for re-appointment:Provided that the Principal shall not, during the term of his office as Principal, be subject to retirement, unless he becomes disqualified under the provisions of clause 11 of the Statutes and Regulations.(2) Any member of the Senate may, by notice in writing to the Master, resign his membership at any time.

11. Duties of the Senate. – The Senate shall frame courses of study and make rules for the conduct of examinations, and shall, subject to the control, of the Council, determine the qualifications for degrees and diplomas and do and perform other matters and things necessary or proper for or relating to the determination of the eligibility of candidates for degrees, diplomas and certificates to be conferred by the Council.

12. Power of the Senate to make rules and regulations. – Subject to the provisions of this Act, the Statute shall make rules and regulations for the convening of its meetings and for the proper conduct of its business.

13. Granting of degrees. – If, at any time, the Council shall intend to grant degrees in any branch or branches of knowledge and science other than theology, such degrees shall be confined to students who shall have received regular instruction at the Serampore College; and before the Council proceeds to grant such degrees, it shall satisfy the State Government as to the adequacy-

(1) of the establishment and equipment of the College;

(2) of the academic standard to be maintained; and

(3) of the financial provision made therefor:Provided that the said Government, on ceasing to be so satisfied, may withdraw its approval of the granting of such degrees.

14. Power of the Council to make by-laws. – Subject to the provisions of this Act and of the said Royal Charter, Statutes and Regulations, so far as they are not inconsistent therewith, the Council shall make by-laws providing for and regulating the following matters, namely :-

(a) the convening of meetings of the Council;

(b) the quorum to be required at meetings of the Council and the conduct of business at such meetings;

(c) the appointment of members of the Council, Faculty and Senate;

(d) the duties to be performed by the Faculty under the direction and control of the Council;

(e) the conferring of degrees, diplomas and certificates on the recommendation of the Senate;

(f) the terms and tenure of appointments, duties, emoluments, allowances and superannuation allowances of the Principal, Professors, Fellows, Tutors and other officers of the college and of its servants;

(g) the finances and accounts of the college and the investment of its funds;

(h) the person or persons by whom, and the manner and form in which, contracts by or on behalf of the college may be entered into, varied or discharged, and deeds, agreements, contracts, cheques, and other negotiable instruments and documents may be signed or executed on behalf of the college, and minutes and proceedings of meetings of the Council, Faculty or Senate may be authenticated or evidenced so as to bind the college and be receivable in evidence in accordance with the provisions of the Indian Evidence Act, 1872;

(i) the custody and use of the common seal; and

(j) generally all such other matters as may be required or authorized under this Act and the said Royal Charter, Statutes and Regulations, so far as they are not inconsistent with this Act.

15. Effect of Act. – The provisions of the said Royal Charter and of the Statute’s and Regulations made thereunder, so far as they are contrary to or inconsistent with any of the terms of the Act, shall be deemed to be superseded from the date of the commencement of this Act:Provided that nothing in this Act shall render invalid any acts performed, duties imposed or liabilities incurred prior to the date on which this Act comes into force in accordance with the terms of the said Royal Charter, and of the Statutes and Regulations made thereunder.

Schedule I

[See Preamble and sections 2(1), 14 and 15]

Charter of incorporation of the Serampore College.

We Frederick the Sixth, by the Grace of God King of Denmark, the Vendors and Gothers, Duke of Slesving Holsten, Storman, Ditmarsken, Limessborg and Oldenborg, by these writings make known and publicly declare, that whereas William Clark Marshman, Esq., inhabitants of our town of Frederiksnagore (or Serampore) in Bengal, being desirous of founding a college to promote piety and learning particularly among the native Christian population of India, have to secure this object erected suitable buildings and purchased and collected suitable books, maps, etc., and have humbly besought us to grant unto them and such persons as shall be elected by them and their successors to form the Council of the college in the manner to be hereafter named, out Royal Charter of Incorporation that they may the more effectually carry into execution the purpose above mentioned :-

We being desirous to encourage so laudable an undertaking have of our special grace and free motion ordained, constituted, granted and declared, and by these presents We do for ourselves, our heirs and successors ordain, constitute, grant and declare:

1. That the said William Carey, Joshua Marshman and John dark Marshman, and such other person or persons as shall successively be elected and appointed the Council of the said college, in the manner hereafter mentioned, shall by virtue of these presents be for ever hereafter one body politic and incorporate by the name of the Serampore College for the purposes aforesaid to have perpetual succession and to have a common seal and by the said name to sue and to be sued, to implead and be impleaded, and, to answer and be answered unto in every Court place belonging to use, our heirs and successors.

2. And We do hereby ordain, constitute and declare that the persons hereby incorporated and their successors shall for ever be competent in law to purchase, hold and enjoy for them and their successors any goods and chattels whatsoever and to receive, purchase, hold and enjoy, they and their successors, any lands, tenements or hereditaments whatever and that they shall have full power and authority to sell, exchange or otherwise dispose of any real or personal property to be by them acquired as aforesaid, unless the sale or alienation of such property be specially prohibited by the donor or donors thereof, and to do all things relating to the said college or Corporation in as ample a manner or form as any of our liege subjects, or any other body politic or corporate in our said kingdom or its dependencies may or can do.

3. And We do hereby ordain, grant and declare that the number of Professors, Fellows or Student Tutors and Students shall be indefinite and that the said William Carey, Joshua Marshman and John Clark Marshman shall be the first Council of the said college, and that in the event of its appearing to them necessary during their lifetime, or in the case of the death of any one of the three members of the said first Council, the survivors or survivor shall and may under their respective hands and seals appoint such other person or persons to be members of the Council of the college, and to succeed each other so as to become members of the said Council in the order in which they shall be appointed, to the intent that the Council of the said college shall for ever consist of at least three persons.

4. And We do hereby further ordain, grant and declare, that for the better government of the said college and the better management of its concerns, the said William Carey, Joshua Marshman and John Clark Marshman, the members of the first Council, shall have full power and authority for the space of ten years from the date of these presents, to make and establish such Statutes as shall appear to them useful and necessary for the government of the said College, in which Statutes they shall define the powers to be entrusted to Their successors, to the Professors, the Fellows or Student Tutors and the other officers thereof, and the duties to be performed by these respectively for the management of the estates, lands, revenues and good – and of the business of the said college, and the manner of proposing, electing, admitting and removing all and every one of the Council, the Professors, the Fellows or Tutors, the officers, the students and the servants thereof, and shall make and establish generally all such other Statutes as may appear to them necessary for the future good government and prosperity of the said college, provided that these Statutes be not contrary to the laws Statutes of our realm.

5. And We do hereby further ordain, grant and declare that the Statutes thus made and established by the said three members of the first Council and given or left in writing under their respective hands, shall be valid and in full force at the expiration of ten years from the date of these presents, so that no future Council of the college shall have power to alter, change or vary them in any manner whatever, and that the Statutes shall for ever be considered the constitution of the said college. And We do hereby appoint and declare that these Statutes shall be made and established by the said William Carey, Joshua Marshman and John Clark Marshman alone, so that in case either of them should die before the expiration of ten years, the power of completing or perfecting these Statutes shall devolve wholly on the survivors or survivor; and that in case all three of them should die before the expiration of ten years, the Statutes which they have left in writing under their hands, or under the hand of the last survivor among them, shall be considered “The Fundamental Statutes and Constitution of Serampore College”, incapable of receiving either addition or alteration, and shall and may be registered in our Royal Court of Chancery as “The Statutes and Constitution of Serampore College”.

6. And We do hereby further appoint, grant and declare that from and after the completion of the Statutes of the said college in the above said time of ten years, the said Council of the college shall be deemed to consist of a Master or President and two or four members who may be Professors or otherwise as the Statutes may direct so that the said Council shall not contain less than three, nor more than five persons, as shall be defined in the Statutes. The Council shall ever be elected as the Statutes of the college may direct, yet the said Master or President shall always previously have been a member of the college; and upon the decease of the said Master or President, the Council of the said college shall be unable to do any act or deed until the appointment of a new Master or President, save and except the appointment of such a Master.

7. And We further appoint, grant and declare that the said William Carey, Joshua Marshman and John Clark Marshman, the members of the first Council, and their successors for ever, shall have the power of conferring upon the students of the said college, native Christians as well as others, degrees of rank and honour according to their proficiency in as ample a manner as any other such college, yet the said Serampore College shall only have the power of conferring such degrees on the students that testify their proficiency in science, and no rank or other special right shall be connected therewith in our dominions. And We do hereby further appoint, grant and declare, that after the expiration of the said ten years, the said Council of the college and their successors for ever shall have power to make and establish such orders and by-laws as shall appear to them useful and necessary for the government of the said college, and to alter, suspend or repeal those already made, and from time to time make such new ones in their room as shall appear to them most proper and expedient provided the same be not repugnant to the Statutes of the college or the laws of our realm, and that after the expiration of these ten years any member of the Council shall have power to move the enactment of any new by-law, or the alteration suspension or repeal of any existing one provided notice of such motion shall have been delivered in writing to the Master and read from the Chair at one previous meeting of the Council of the said college, but that no such motion shall be deemed to have passed in the affirmative, until the same shall have been discussed and decided by ballot at another meeting summoned especially for that purpose, a majority of the members then present having voted in the affirmative; and in this as in all other cases, if the votes be equal, the Master or President shall have the casting vote.Given at our Royal Palace in Copenhagen on the twenty-third day of February in the year of our Lord one thousand eight hundred and twenty-seven, in the nineteenth year of our reign.

Under our Royal Hand and Seal.

Frederick R.

Schedule II.

[See Preamble and sections 10(1), 14 and 15.]

Statutes and Regulations of the Serampore College.

June 12th, 1833.

1. Article the Third of the Charter granted by His Danish Majesty, having authorised the first Council of Serampore College in their life-time to nominate under their hand and seal such other person or persons for colleagues or successors as may to them appear most proper so that the Council shall always consist of at least three persons, their successors in the Council shall be competent in like manner to nominate in their life-time under their separate hand and seal such person or persons as they may deem most proper to fill vacancies then existing or which may occur on their demise ; members thus nominated and chosen shall succeed to the Council in order of their nomination.

2. It being fixed in the Charter that the Council must consist of the Maser or President and at least two, but not more than four members, and that on the demise of the Master no act shall be done until another be elected, the Master and Council for the time being shall appoint the next Master under their separate hand and seal. If on the demise of a Master on one be found thus appointed under the hand and seal of a majority of the Council, the senior member of the Council shall succeed as Master.

3. The Charter having given the casting vote to the Master, in all cases when the vote are equal the casting vote shall lie with the Master, and if there be no Master, it shall lie with the Senior Member of the Council.

4. Learning and piety being peculiar to no denomination of Christians, one member of the Council may at all times be of any other denomination besides the Baptist to preserve the original design of the institution. However if on the election of a Master a number of the Council be equally divided, that part which is entirely of the Baptist denomination shall have the casting vote, whether it includes the Master or not.

5. The management of the college, including its revenues and property, the choice of the Professor and Tutors, the admission of students, the appointment of all functionaries and servants’ and the general order and government of the college, shall ever be vested in the Master and the Council. The Master shall see that the Statutes and Regulations of the Council be duly carried into effect, and take order for the good government of the college in all things. His signature is necessary to the validity of all deeds, instruments, documents and proceedings.

6. “The first Council and their successors for ever” being authorized by the Charter “to confer such degrees of rank and honour as shall encourage learning” in the same manner as other colleges and Universities, they shall from time to time confer degrees in such branches of Knowledge and Science as may be studied there, in the same manner as the Universities in Denmark, Germany and Great Britain. In doing this the Master and Council shall ad libitum call in the aid of any or all the Professors of Serampore College. All such degrees shall be perfectly free of expense to the person on whom they may be conferred, whether he be in India, Europe or America.

7. No oaths shall be administered in Serampore College either to the Members of the Council, the Professors and Tutors, or the students. In all cases a solemn promise, duly recorded and signed by the party, shall be accepted instead of an oath.

8. Marriage shall be no bar to any office or situation in Serampore College, from that of the Master to that of the lowest student.

9. The salaries of the Professors and Tutors in Serampore College shall be appointed and the means of support for all functionaries, students and servants be regulated by the Council in such manner as shall best promote the objects of the institution.

10. It is intended that neither the Master nor any member of the Council in general shall receive any salary. But any Master who may not previously reside in the college shall have a residence there free of rent for himself and his family. And if the Council shall elect any one in Europe or in America, whom they deem eminent for learning and piety, a member of the Council, with a view to choosing him Master should they on trial deem him worthy, the Council shall be competent to appoint him such salary as they may deem necessary, not exceeding, however, the highest given to a Professor.

11. As the founders of the college deem the belief of Chirst’s Divinity and Atonement essential to vital Christianity, the promotion of which is the grand object of this institution, no one shall be eligible to the college Council or to any Professorship who is known to oppose these doctrines, and should any one of the Professors or any member of the Council unhappily change his views after his election as to oppose these fundamental doctrines of Christianity, on this being clearly and decidedly proved from his teaching or his writings, he shall vacate the office he previously held. But every proceeding of this nature on the part of the College Council shall be published to the Christian world with the proofs on which it may rest, as an appendix to the succeeding report.

12. Members of the Council are eligible from among the Professors of the college, or from among any in India, Europe, or America, whom the College Council may deem suitable in point of learning, piety, and talent.

13. Students are admissible at the discretion of the Council from any body of Christians, whether Protestant, Roman Catholic, the Greek, or the Armenian Church; and for the purpose of study, from the Musalman and Hindu youth, whose habits forbid their living in the college. No caste, colour, or country shall bar any man from admission into Serampore College.

14. Expulsion shall be awarded in cases of open immorality, incorrigible idleness, neglect of the College Statutes and Regulations, or repeated disobdience to the officers of the college.

15. Any person in India, Europe or America shall be at liberty to found any Professorship, or to attach to Serampore College any annual exhibition or prize for the encouragement of learning in the same manner as in Universities of Great Britain, regulating such endowment according to their own will; and it shall be the duty of the College Council to carry such benefactions into effect in strick consonance with the will of the doners as far as shall be consistent with the Statutes of the college.

16. It shall be lawful for the first Council of the college or their successors to make and rescind any by-laws whatever, provided they be not contrary to these Statutes.

17. The Charter having declared that the member of the Professors and Students in Serampore College remains unlimited, they shall be left thus unlimited, the number to be regulated only, by the gracious providence of God and the generosity of the public in India, Europe and America.

Orissa Lift Irrigation Corporation Ltd. Vs. Rabi Sankar Patro & Ors[SC 2017]

Keywords: Deemed to be University-ex-post facto approval for courses

SC INDEx

  • The present case shows the extent of commercialization of education by some of the Deemed Universities. The commercialization of education seriously affects creditability of standards in education, eroding power and essence of knowledge and seriously affecting excellence and merit. The present case further displays lack of effective oversight and regulatory mechanism for the Deemed to be Universities. The UGC had completely failed to remedy the situation. Serious question has therefore arisen as to the manning of the UGC itself for its effective working.
  • Engineering Degree recalled and cancelled, obtained through distance education.

Orissa Lift Irrigation Corporation Ltd. Vs. Rabi Sankar Patro & Ors.

[Civil Appeal Nos. 17869-17870 /2017 arising out of Special Leave Petition (C) Nos.19807-19808/2012] 

[Contempt Petition (C) Nos. 194-197/2016 In Special Leave Petition (C) Nos. 35793-

35796/2012]

Date : November 3, 2017

Bench:   (Adarsh Kumar Goel)  (Uday Umesh Lalit)

Acts : Orissa Service of Engineers’ Rules, 1941-The All India Council for Technical Education Act, 1987

Uday Umesh Lalit, J.

1. Leave to appeal granted in all Special Leave Petitions.

2. These are two groups of appeals, one arising from the Judgment and Order passed by the High Court of Orissa at Cuttack while the other arising from the decision of the High Court of Punjab and Haryana at Chandigarh. Since the issues involved in these matters are same, both sets of matters are being disposed of by this common Judgment.

3. The Directorate of Lift Irrigation in the Government of Odisha was converted into Orissa Lift Irrigation Corporation Limited (hereinafter referred to as the “OLIC”).

The service conditions of Engineers including Junior Engineers which is the base cadre in the Engineering Wing of OLIC are governed by Orissa Service of Engineers’ Rules, 1941 (“1941 Rules” for short) as amended from time to time. Junior Engineers form the feeder cadre for promotion to the next level, namely, that of Assistant Engineers. Respondent No.11-Rabi Sankar Patro, a Diploma holder in Electrical Engineering, joined OLIC as Junior Engineer (Electrical) and while in service, he acquired B.Tech (Civil) Degree from a Deemed to be University namely JRN Rajasthan Vidyapeeth University, Udaipur, through Distance Education in the year 2009 and thereafter filed Writ Petition No.3848 of 2010 in the High Court Orissa. According to him, he being an in-service graduate Engineer was entitled to be promoted as Assistant Engineer.

Said In the matter arising out of SLP(C) No.19807-19808 of 2012 6 writ petition was allowed without issuing notice to the respondents, placing reliance on an earlier order dated 14.12.2009 passed by the High Court in OJC No.13251 of 2001 by which OLIC was directed to consider the case of the concerned candidates as in-service graduate Engineers. OLIC being aggrieved, filed Review Petition No.58 of 2012 which was dismissed by the High Court on 15.03.2012 along with certain similar review petitions.

The submissions recorded in support of the review petitions in the order of the High Court were as under:-

“The argument advanced by Mr. Ashok Mohanty learned Sr. Counsel for the review petitioners that the opposite parties-employees have acquired Degree Qualification of distance/correspondence education course from JRN Rajasthan Vidyapeeth which is not recognized by AICTE. Therefore, they are not qualified…………….Learned Sr. Counsel Mr. Mohanty placed much reliance upon the letter issued by AICTE on 6th October, 2010 wherein the AICTE has categorically stated as under:

“It has been the policy of the AICTE, not to recognize the qualifications acquired through distance education mode at Diploma, Bachelors & Master’s level in the fields of Engineering Technology including Architecture, Town Planning, Pharmacy, Hotel Management & Catering Technology, Applied Arts & Crafts and Post Graduate Diploma in Management (PGDM). AICTE only recognizes MBA and MCA programme through distance mode.” ” The Review Petition was dismissed by the High Court, observing inter alia, “……. Substantial number of persons have also acquired Engineering Degree through Universities providing Distance Education which are also Indian Universities. Further Clause (d) of Rule 9 of the Rules, 1941 does not specify that the qualifications obtained through distance education is not permissible & the Degree should be obtained from the approved Universities of the AICTE.”

4. Disposal of Review Petition and similar such petitions led to the filing of these appeals, by special leave, by OLIC. It is principally submitted by OLIC that the degrees in Engineering obtained by the concerned candidates by distance education from JRN Rajasthan Vidyapeeth University and similar Deemed to be Universities are not recognized degrees and as such the concerned candidates cannot be said to be Graduate Engineers eligible for benefits under the concerned Rules. It is further submitted that in its Circular dated 09.08.2005 the University Grants Commission (“UGC” for short) had notified that JRN Rajasthan Vidyapeeth University, Udaipur was neither permitted to affiliate any colleges or institutes nor allowed to conduct any course through distance education.

5. While issuing notice in the matters, All India Council of Technical Education (“AICTE” for short) and UGC were added as party-respondents, whereafter AICTE filed its counter affidavits. The matters were taken up on 11.12.2014 when the following Order was passed by this Court:-

“In the course of hearing of these cases we noticed that the UGC even though impleaded as a party respondent had not filed any counter affidavit. We would have proceeded with the hearing even in the absence of a counter affidavit but for the fact that additional documents filed by Respondent No.1 include several documents concerning the UGC some of them in the nature of letters, circulars and communications addressed to several other authorities.

It was in that backdrop that we required the personal presence of the Chairman of the UGC, Professor Ved Prakash who has appeared and broadly explained the UGC stand on the questions that fall for determination. According to Professor Ved Prakash the UGC recognises technical degrees by the distant mode only if the University concerned awards such degrees after obtaining the permission of the AICTE for offering such degrees/courses by distance education.

Professor Ved Prakash further states that wherever the UGC notices that technical educational degrees are being awarded by deemed university without the approval of the AICTE, it can and does take action against the defaulting university by reporting the matter to the Central Government who confers the status of deemed university on such institutions.

When asked whether Professor Ved Prakash can on affidavit state the above position, Prof. Prakash was more than willing to do so. Needless to say some of the counsel appearing in these cases were critical of the stand taken by the UGC and argued that the same was not the true position either on facts or in law. Be that as it may, we deem it just and proper to permit the UGC to file a detailed counter affidavit to this SLP which shall apart from answering other submissions made in the SLP elaborate on the following aspects:

1) Whether the UGC recognises degrees in technical education by open and distance education mode. If so, subject to what conditions, if any.

2) If such degrees are recognised only when they are awarded after obtaining the permission of the AICTE, what happens when the Universities award degrees without obtaining such permission.

3) What action, if any, is the UGC empowered to take under the UGC Act or any other provision of law against the University awarding degrees without the approval of the AICTE and whether any such action has been taken in the past or is proposed to be taken against such Universities hereafter.

4) Whether the Government of India have issued any instructions/circulars regarding recognition of technical education degrees through ODL mode offered by the deemed or statutory universities. If so, what are these instructions/circulars and what is the action/steps to be taken in regard to the degrees awarded or status of such degrees as have already been issued before the issue of such instructions.

5) How does UGC explain its stand in view of the documents filed by respondent No. 1 in I.A. Nos. 5 and 6 of 2014 in these petitions or those enclosed with the SLP or counter affidavit.

6) Since the controversy relates to different deemed universities namely Vinayaka Mission’s research Foundation, Salem, Tamil Nadu, IASE Gandhi Vidya Mandir, Sardarshahr Rajasthan, JRN Vidyapeeth Udaipur, Rajasthan and Allahabad, Agriculture Research Institute, Allahabad, U.P. the proposed affidavit by Professor Ved Prakash shall state whether the UGC recognises the degrees awarded by the said Universities by ODL mode even when the same are degrees in technical education including degrees that have already been awarded. We grant to Professor Ved Prakash, Chairman of the UGC four weeks’ time to file the affidavit copy whereof shall be served upon learned counsel for the counsel opposite who shall have two weeks’ time thereafter to file their response.”

6. Prof. Ved Prakash, Chairman, UGC, filed an affidavit on 30.01.2015 dealing with the aforesaid questions. The subsequent Order dated 04.08.2015 of this Court was as under: “There are a large number of cases pending on the principal issue raised in SLP (C) Nos.19807-19808 of 2012 (Orissa Lift Irrigation Corporation Ltd. & Ors.). Mr. Raju Ramachandran, learned senior counsel appearing on behalf of the petitioners submits that the principal issue is whether degrees given by some institutions/universities through distant education ought to be recognized by the employer. He submits that All India Council for Technical Education (AICTE) and University Grants Commission (UGC) have taken the stand that such degrees in technical courses are not recognized by AICTE and therefore not recognized by UGC as well.

Mr. Rajiv Dutta, learned senior counsel appearing for UGC affirms that the UGC does not recognize the degrees. It is the submission of Mr. Rajiv Dutta, learned senior counsel that in a meeting convened by the Ministry of Human Resource Development (MHRD) on 19th February, 2008 it was decided that the approval granted by Distant Education Council (including ) must be reviewed and the approval should be granted to the courses and not to the Institute. That being the position, we are of the opinion that the concerned Secretary in the MHRD should be impleaded as a party so that the stand of the Government of India is clear. Mr. Raju Ramachandran, learned senior counsel makes an oral request for impleadment of the concerned Secretary in the MHRD as a party respondent. On his oral request, the concerned Secretary in the MHRD is impleaded as a party respondent. Amended memo of parties be filed within two weeks.”

7. An affidavit has since then been filed on behalf of MHRD2. In the Order dated 26.04.2017 it was recorded:- 2 Ministry of Human Resources and Development, Government of India “………Our attention was drawn to letter dated 03.12.2007 addressed to UGC seeking ex post facto approval annexing a list of 295 courses run by the JRN Rajasthan Vidyapeeth University under Distance Education system. From the record, it is not clear what type of expertise the said University has, for granting degrees for such large number of courses by distance education mode. It is also not clear as to what is the methodology followed for monitoring the standard of education imparted by its centres on the basis of which such professional degrees are granted. It is also not clear what type of infrastructure is available with the said University.”

8. Civil Writ Petition No.1640 of 2008 was filed by one Kartar Singh in the High Court of Punjab and Haryana, in public interest. Certain Deemed to be Universities, such as JRN Rajasthan Vidyapeeth University, Udaipur, Vinayak Mission Research Foundation, Tamil Nadu, IASE Deemed University, Rajasthan were respondents in the petition. It was submitted that these Deemed to be Universities had set up “off campus centers” and “study centers” in violation of the Regulations framed by the UGC; that very same study center, at times was operating for more than one Deemed to be University;

that these study centers completely lacked infrastructure and facilities for courses in Engineering and that the programmes through distance education mode were illegal and without approval. Appropriate reliefs were prayed for, including directions that degrees in Engineering obtained through distance education be declared to be invalid for the purposes of Government jobs in the State. This Writ Petition was allowed by the High Court vide its decision dated 06.11.2012. Para 184 sums up the decision as under:-

“184. In terms of the directions of the Commission, it was necessary for the Deemed to the Universities to seek approval from AICTE. In view of the above, we hold that the Deemed to be Universities have started courses in technical education in violation of the guidelines, instructions, circulars and regulations framed by the Commission not only when they started such courses but also in establishing Study Centres outside their territorial limits and in subjects for which they were not granted Deemed to be university status. Therefore, degrees awarded by such Deemed to be Universities is an illegal act and such illegality cannot be removed or cured by the actions of either the Commission or DEC.”

9. The declaration invalidating the degrees in Engineering obtained through distance education mode has been the subject matter of challenge by various students-candidates and institutions. Since the issues raised in those petitions are same as raised in matters arising out of the decision of the High Court of Orissa, these matters were taken up soon after the matters from Orissa. We are principally concerned in these cases only with courses leading to the degrees in Engineering through distance education mode.

10. Thus, the degrees in Engineering obtained by serving diploma holders through Open Distance Learning mode offered by certain Deemed to be Universities through “off campus Study Centres” have been found valid entitling the concerned candidates to benefits available for any serving graduate engineers by the High Court of Orissa whereas the decision rendered by the High Court of Punjab & Haryana is to the contrary. Considering the importance of the issues involved in the matters, this Court vide Order dated 04.05.2017 appointed Mr. C.A. Sundaram, learned Senior Advocate to assist the Court as Amicus Curiae.

11. It may be appropriate at this stage to quote Para 19 of the affidavit filed by Mr. Ved Prakash Chairman UGC:-

“It is pertinent to note that, while bringing the 2010 Deemed Universities Regulations to the notice of the general public, including vide public notice No.F.27-1/2012 (CPP-II), dated 27.06.2013 [annexed and excerpted later in the instant affidavit], the UGC has also clarified that “the UGC has not granted approval to any institution Deemed to be university to establish Study Centres.”

This is relevant because, firstly, Deemed to be university status is conferred on academic programmes in specific domains of knowledge. In this case, four Deemed to be universities were conferred that status to offer programmes in the following areas.

S. No.

Deemed University

Field of specialization for institutions Deemed to be Universities status

1.

JRN Rajasthan Vidyapeeth, Udaipur, Rajasthan

Social Work, Education, Arts and Commerce

2

Institute of Advanced Studies in Education, Sardarshahr, Rajasthan

Education

3

Allahabad Agricultural Institute, Allahabad, Uttar Pradesh

Agricultural Engineering Food & Nutrition Biotechnology, Dairy Technology

4.

Vinayaka Mission’s Research Foundation Salem, Tamil Nadu

Medical Science, Dental Science, Nursing, Engineering & Technology, Pharmacy, Pysiotherapy and Homoeopathy

Yet, three institutions- Deemed to be Universities (namely, JRN Vidyapeeth Udaipur, Rajasthan; IASE Gandhi Vidya Mandir, Sardarshahr, Rajasthan; and Allahabad Agriculture Research Institute, Allahabad, U.P.) overstepped their mandate and started distance education programmes, including for award of B.E./B.Tech degrees outside their field of specialization without UGC/AICTE approval. Secondly, vide letter dated 09.08.2001 [annexed and excerpted later in the instant affidavit], the UGC has made it clear that franchising of education through private agencies/establishment is not permitted. In addition, the UGC, AICTE and DEC have issued a joint letter dated 13.05.2003 [annexed and excerpted later in the instant affidavit] to Vice-Chancellors/Heads of Institutions asking them to limit the system/programme of delivery of distance education of their institution to the neighbourhood of the location of their main campus or at the most within the State.

And, as mentioned earlier, vide public notice dated 27.06.2013, the UGC has stated that institutions Deemed to be Universities can operate only within its headquarters or from those off campuses/off-shore campuses which are approved by the Government of India through notification published in the official gazette, though the UGC has not granted approval to any institutions Deemed to be Universities offered distance education mainly through franchisee arrangements and Study Centres which are not established with the permission of the UGC.”

12. The aforesaid chart shows that the “Deemed to be University” status was conferred keeping in view the potential to offer academic programs in specific domains of knowledge. For example institutions at serial Nos.1 and 2 in the aforesaid table had specialized in Social Work, Education, Arts and Commerce. However by virtue of their “Deemed to be University” status, these institutions thereafter started distance education programs in subjects or courses leading to award of B.E. and B.Tech degrees which were not within their field of specialization. Whether the Deemed to be Universities concerned were within their rights to do so is the basic question. We, therefore, need to consider the statutory framework governing “Deemed to be Universities” and ‘Distance Education’ more specifically in the field of technical education.

13. “The University Grants Commission Act, 1956” (hereinafter referred to as “the UGC Act”) was enacted to make provisions for co-ordination and determination of standards in universities and for that purpose, to establish University Grants Commission (“UGC for short”). Section 2(f) defines “University” to mean “…a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognized by the Commission in accordance with the regulations made in this behalf under this Act”. Section 3 contemplates conferral of “Deemed to be University” status upon certain institutions for higher studies other than universities.

Section 12 delineates functions of the UGC while Section 13 deals with power of inspection for the purposes of ascertaining the financial needs of the university or its standards of teaching, education and research. Section 26 empowers the UGC to make regulations consistent with the Act and with the Rules made thereunder which include, inter alia:- “(f) defining the minimum standards of instruction for the grant of any degree by any University; (g) Regulating the maintenance of standards and the co-ordination of work or facilities in Universities.”

14. In the year 1985, the Indira Gandhi National Open University Act, 1985 (hereinafter referred to as “the IGNOU Act”) was enacted to establish and incorporate Open University at the national level, for the introduction and promotion of distance education systems in the educational pattern of 17 the country and for co-ordination and determination of standards in such systems. Section 2(e) defines “Distance Education System” to mean “..the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combinations of any two or more of such means”.

The definitions of “Study Centre” and the “University” are as under- “Study Centre” means a centre established, maintained or recognized by the University for the purpose of advising, counseling or for rendering any other assistance required by the students; “University” means the Indira Gandhi National Open University established under the Act.” Study Centre referred to in the IGNOU Act is a centre established by IGNOU and not by any other University. Section 5 then deals with powers of IGNOU and sub-Clauses (i), (iii) and (v) are:-

“(i) To provide for instruction in such braches of knowledge, technology, vocations and professions as the University may determine from time to time and to make provision for research;

(iii) to hold examinations and confer degrees, diplomas, certificates or other academic distinctions or recognitions on persons who have pursued a course of study or conducted research in the manner laid down by the Statutes and Ordinances.

(v) to determine the manner in which distance education in relation to the academic programmes of the University may be organized.” Sub clause (v) speaks of ‘distance education’ in relation to the academic programme of IGNOU. Few other clauses of Section 5 however refer to other universities and institutions of higher learning and they are:-

“(vii) to co-operate with, and seek the co-operation of, other universities and institutions of higher learning, professional bodies and organizations for such purposes as the University considers necessary;

(xiii) to recognize examinations of, or periods of study (whether in full or part) at, other universities, institutions or other places of higher learning as equivalent to examinations or periods of study in the University, and to withdraw such recognition at any time;

(xxiii) to recognize persons working in other universities, institutions or organizations as teachers of the University on such terms and conditions s may be laid down by the Ordinances” At this stage Clauses (i) and (j) of Section 24 of IGNOU Act also need to be noted.

“Section 24 subject to provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-

(i) The conferment of autonomous status on Colleges and Study Centres;

(j) the co-ordination and determination of standards in the open University and distance education systems and the allocation and disbursement of grants to Colleges and other universities and institutions.” 15. Section 16 of IGNOU Act deals with authorities of the University and clause (7) deals with “such other authorities” as may be declared by the 19 Statutes to be the authorities of the University.

In pursuance of powers conferred under Section 16(7) read with Section 24 and 2nd Schedule to the IGNOU Act, Distance Education Council (“DEC”, for short) was constituted vide Notification dated 22.11.1991. Para 3 of the Notification stated that DEC would consist of certain members including Secretary of UGC and a member to be nominated by the Chairman, UGC. However, there was nothing in this Para requiring any member or representative of AICTE (which by 1991 was a Statutory Authority) to be member of DEC. Para 4 dealt with powers and functions of DEC and the relevant portion of said Para is to the following effect:-

“4. Powers and Functions of the Distance Education Council a) It shall be the general duty of the Distance Education Council to take all such steps as are consistent with the provisions of this Act, the Statutes and the Ordinances for the promotion of the open university/distance education systems, its coordinated development, and the determination of its standards and in particular:

(i) To develop a network of open universities/distance education institutions in the country in consultation with the State Governments, Universities and other concerned agencies;……..

(viii) To take such steps as are necessary to ensure the coordinated development of the open university/distance education system in the country.

(xiii) To advise State Governments, universities and other concerned agencies on their proposals to set up 20 open universities or to introduce programmes of distance education;”

16. The All India Council for Technical Education Act, 1987 (hereinafter referred to as the “AICTE Act”) was enacted to provide for the establishment of AICTE with a view to proper planning and coordinated development of the technical education system throughout the country, the promotion of qualitative improvement 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. Terms “Technical Education”, “Technical Institution” and “University” as defined in the AICTE Act are as under:

“(g) “technical education” means programmes of education, research and training in engineering technology, architecture, town planning, management, pharmacy and applied arts and crafts and such other programme or areas as 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 an institution Deemed to be a University under Section 3 of that Act.”

17. Chapter II of the AICTE Act speaks of “Establishment of the Council”, namely AICTE and Section 10 deals with the “Powers and Functions of the Council”. Section 10 is as under:

“10. (1) 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 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 grants on such terms and conditions as it may think fit to-

(i) technical institutions, and

(ii) Universities imparting technical education in coordination 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 overall 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 on it for the promotion of such profession in its field including conduct of examinations and awarding of membership certificates;

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

(n)take all necessary steps to prevent commercialization 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 23 create positions of professional, technical and supporting staff based on requirements;

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

(t)advice 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.”

18. UGC, DEC and AICTE as well as MHRD Government of India have issued various Notifications, Circulars and Guidelines touching upon the issues involved in the present cases, which may now be referred to:

A. On 25.11.1985, UGC (the minimum standards of instructions for the grant of the first degree through formal education in the faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Science) Regulations, 1985 (hereinafter referred to as 1985 UGC Regulations) came into force which applied to every University including a Deemed to be University.

The relevant portion of these Regulations are:- “2(3). No student shall be eligible for the award of the first degree unless he has successfully completed a three 24 year course; this degree may be called the B.A./B.SC/B.Com. (General/Honors/Special) degree as the case may be…. 3(1). Every University enrolling students for the 1st Degree Course shall ensure that the number of actual teaching days does not go below 180 in an academic year….. 3(2). The total periods provided in the timetable shall not be less than 40 clock hours a week. The timetable on working days shall be so drawn up that physical facilities are adequately utilized and not used only for a few hours a day.”

B. In 1986, National Policy on Education was published by Government of India, Part VI of which dealt with Technical and Management Education, Paras 6.6, 6.8 and 6.19 of the Policy were:-

“6.6. In view of the present rigid entry requirements to formal courses restricting the access of a large segment of people to technical and managerial education, programmes through a distance learning process, including use of the mass media will be offered. Technical and management education programmes, including education in polytechnics, will also be on a flexible modular pattern based on credits, with provision for multi-point entry. A strong guidance and counseling service will be provided.

6.8. Appropriate formal and non-formal programmes of technical education will be devised for the benefit of women, the economically and socially weaker sections, and the physically handicapped.

6.19. The All India Council for Technical Education, which has been given statutory status, will be responsible 25 for planning, formulation and maintenance of norms and standards, accreditation, funding of priority areas, monitoring and evaluation, maintaining parity of certification and awards and ensuring the coordinated and integrated development of technical and management education. Mandatory periodic evaluation will be carried out by a duly constituted Accreditation Board. The Council will be strengthened and it will function in a decentralized manner with greater involvement of State governments and technical institutions of good quality.”

C. The AICTE (Grant of Approval for starting new Technical Institutions, introduction of courses or programmes and approval of intake capacity of seats for courses or programmes) Regulations were issued in 1994 (1994 AICTE Regulations, for short). Clause 4 of these Regulations was to the following effect-

“4.0 Requirement of Grant of Approval 4.1 After the commencement of these regulations,

a) No new Technical Institution or University Technical Department shall be started; or

b) No course or programme shall be introduced by any Technical Institution, University including a Deemed University or University Department or College or;

c) No Technical Institution, University or Deemed University or University Department or College shall continue to admit students for Degree or Diploma courses or programmes;

d) No approved intake capacity of seats shall be increased or varied; 26 Except with the approval of the Council.”

D. On 01.03.1995, a notification was issued by Government of India to the following effect:- “On the recommendation of the Board of Assessment for Education Qualifications, the Government of India has decided that all the qualifications awarded through Distance Education by the Universities established by an Act of Parliament or State Legislature, Institutions Deemed to be Universities under Section 3 of the UGC Act, 1956 and Institutions of National importance declared under an Act of Parliament stand automatically recognized for the purpose of employment to posts and services under the Central Government, provided it has been approved by Distance Education Council, Indira Gandhi National Open University, K 76, Hauz Khas, New Delhi-110016 and wherever necessary by All India Council for Technical Education, I.G. Sports Complex, I.P. Estate, New Delhi-110 002.”

E. On 03.07.1997, DEC published Guidelines for Design, Development and Delivery of programmes/courses through distance mode. These were essentially dealing with distance education as a concept without specifying the details or mechanism as to how and in what circumstances the concerned universities and institutions were expected to initiate courses in distance education.

F. In 2004, UGC issued Guidelines for establishing new departments within the campus, setting up of off-campus centre(s)/institution(s)/off-shore campus and starting distance education programmes by the Deemed to be universities, 2004 (2004 UGC Guidelines, for short). The terms institution, off-campus centre, off-shore campus and Study Centre were defined by these Guidelines as under:-

“(a) “Institution” means an institution set up by the same management to impart studies in a specialized branch of study and registered under the same society or trust under which the existing deemed university is registered.

(b) “Off-campus centre” means a center of the university located outside its main campus (within or outside the State where the deemed university is located)’ operated and maintained as its constituent unit by the resources of the university, having the centre’s own compliment of facilities, faculty and staff.

(c) “Off-shore Campus” means a campus of the university located outside the country, established and maintained as its constituent unit by the resources of the university having its own compliment of facilities, faculty and staff.

(d) “Study Centre” means a centre established and maintained or recognized by the university for the purpose of advising, counseling or for rendering any other assistance required by the students used in the context of distance education.”

It was laid down that a Deemed to be University shall normally be authorized to operate within its own campus to conduct the authorized courses falling within the area of their specialization. However, in deserving cases, the Deemed to be University could start new departments within the university campus or start off-campus centre(s)/institutions/off-shore campus(s) on selective basis with prior specific permission of the UGC in each and every individual case. The procedure in that behalf was laid down as under:

“2. All Deemed to be universities intending to set-up new departments within their campus, off-campus centre(s) or an institution outside the main campus of the deemed university may apply as follows:

2.1 The deemed university intending to open a new department in its campus or an off-campus center/ institution shall approach the University Grants Commission (UGC) at least six months prior to opening such center on a proforma prescribed for this purpose (Annexure-I). The deemed university desirous of starting the new off-campus center / institution or introducing a new course/ programme in a professional subject, shall comply with all the requirements as required by statutory professional Councils and obtain their prior approval before approaching the UGC.

2.2 The new Departments, new off-campus center/ institution shall be set up only after obtaining approval of the UGC and that of the concerned state Government where such a center is proposed to be established. The UGC shall cause spot visit/ verification of the proposed new departments, new off-campus center/institutions to verify its infrastructure facilities, programmes, faculty, 29 financial viability, etc. before giving permission to start the centre. The report of the committee shall be considered by the Commission for its approval.

2.3 An off-shore campus shall be set up only after due permission from the Government of India on the recommendations of the UGC and also that of the Government of the host country” Paras 3.3, 3.4 and 3.8 were as under:

“3.3 The off-campus centre/institution/off-shore campus shall conform to the relevant regulations/norms of the UGC and other statutory bodies concerned regarding minimum standards of instruction, qualifications of teachers, merit-based admission of students on an all India basis and the fee structure etc. and shall have adequate number of qualified teachers.

3.4 The new off-campus centre/institution/off-shore campus shall offer only those courses which are approved by the appropriate bodies of the deemed university. If the course to be offered in the centre is in technical/professional subject, its academic programmes shall have to be approved by the concerned statutory professional council.

3.8. The over-all performance of the off-campus centre/ institution/off-shore campus shall be monitored annually, initially for three years, and subsequently after every five years by the UGC whose directions for management, academic development and improvement shall be binding. The UGC shall associate the nominee(s) of the concerned statutory professional council in the monitoring process.” Paras 4 and 5 dealt with Distance Education and Ex-Post-Facto Approval in following terms:

“4. Distance Education: The Deemed to be University could offer the distance education programmes only with the specific approval of the Distance Education Council (DEC) and the University Grants Commission (UGC). As such, any Study Centre(s) can be opened only with the specific approval of Distance Education Council and UGC.

5. Ex-Post-Facto Approval: The Deemed Universities shall obtain the ex-post-facto approval of the GOI/UGC/DEC, whichever applicable within a period of six months in the following cases: I. Continuation of all the Departments opened in the campus of the Deemed Universities and off-campus Study Centre(s)/ institutions / offshore campus started without the prior approval of the UGC. II Distance education programme(s)/Study Centre(s) started without the specific approval of the DEC/UGC.”

G. On 03.02.2004 DEC published an advertisement that it was mandatory for all Centres/Institutions/Directorates offering programmes through Distance Education mode to apply to DEC and obtain prior approval before starting any new Centres/Institutions/Directorates of programme. It further stated that the Distance Education Centres/Institutions/Directorates already offering programmes through distance mode should submit their applications for approval of DEC in the prescribed format.

H. A circular was issued by the UGC on 16.03.2004 directing Deemed to be Universities conducting courses through Distance Education mode to seek ex post facto approval for the courses conducted by such Deemed to be Universities.

19. We have referred to the notifications, circulars and guidelines as were in existence and in force in 2004. The Deemed to be Universities in the present case had started their distance education programmes without taking any prior approval from any of the authorities including UGC, AICTE or DEC. However, it appears that in terms of paragraphs 4 and 5 of 2004 UGC Guidelines, the advertisement of DEC dated 03.02.2004 and circular of UGC dated 16.03.2004, the concerned Deemed to be Universities sought ex-post-facto approval for courses conducted by them through distance education mode. Before we deal with the facts leading to the consideration of such ex-post-facto approval, an important development must be adverted to. On 24.09.2001 a decision was rendered by this Court in Bharathidasan University and Another v. All India Council for Technical Education and Others

3. The appellant therein, created under Bharathidasan University Act with its area of operation over three districts in the State of Tamil Nadu had 3 (2001) 8 SCC 676 32 commenced courses in Technological subjects in its own departments as an adjunct to the University without any approval of AICTE. A writ petition was filed by AICTE submitting that no such courses could be started without its prior approval. The plea was accepted by the High Court of Madras which view was challenged in this Court.

While dealing with question whether prior approval of AICTE was required for a “University” to start courses in technical education, this Court held that the definition of “Technical Institution” under the AICTE Act excludes a “University” and since the power of grant of approval for starting new “technical institution” and for introduction of new courses or programmes under Section 10(k) of the AICTE Act would not cover a “University” but only a technical institution, the appellant-university was within its rights to start such courses without the prior approval of the AICTE.

20. Bharathidasan (supra) having laid down that prior approval of AICTE was not required for a University to start technical courses, the subsequent guidelines, notifications issued by the UGC, AICTE and the Government of India were framed in the light of said decision. The understanding entertained by all the authorities was that AICTE was not competent to deal with issues of prior approval in respect of “Universities” for technical courses and since the term “University” under the UGC Act 33 includes Deemed to be Universities, AICTE has no power to deal with issues of prior approval for technical courses in respect of Deemed to be Universities as well.

21. We now turn to the aspect of consideration by the concerned authorities of request for grant of ex-post facto approval for courses in Technology/Engineering conducted by Deemed to be Universities, namely, JRN Rajasthan Vidyapeeth, Rajasthan (‘JRN’ for short), Institute of Advanced Studies in Education, Rajasthan (‘IASE’ for short), Allahabad Agricultural Institute, Allahabad (‘AAI’ for short) and Vinayaka Mission Research Foundation, Tamil Nadu (‘VMRF’ for short). None of these Deemed to be Universities had taken any prior permission from any of the authorities, namely, UGC, AICTE and DEC, nor had they even intimated at any juncture the fact that they were conducting such courses in Technology/Engineering through distance education mode. Pertinently, JRN, IASE and AAI had no expertise or specialization in the fields of Technology/Engineering. None of these three Deemed to be Universities was having any regular Engineering college or Faculty in Technology/Engineering at their own campus when they commenced courses in Technology/Engineering by distance education mode through Study Centres all over the Country. The facts stated hereinafter narrate how 34 their applications for ex-post facto approval were dealt with and by way of illustration the facts pertaining to JRN, are dealt with in detail.

A. On 10.05.2004 JRN sought approval of DEC for courses conducted by it under distance education. The information supplied in regard to technical courses leading to degrees in Engineering in various disciplines4 show that details of 19 Study Centres with names of Coordinators and Counsellors were given. Said Co-ordinators and Counsellors were common for all disciplines and courses. At the same time there was no Study Centre in the State of Orissa.

B. On 27.07.2004, UGC asked JRN to submit a complete list of its off campus centres giving details of its courses/infrastructure within 21 days of the receipt of the letter failing which public notice would be issued that such degrees were not recognized by UGC. The relevant portion of the letter was to the following effect:

“1. The Commission vide its letter of even number dated 5th May, 2003 and subsequent reminders dated 6th August, 2003 and 13th October, 2003 had requested the Vidyapeeth to submit the details of its Study Centres. In response to that the Vidyapeeth vide its letter No.RVU/VC/2004-2005/26 dated 2nd April, 2004 submitted a list of 517 centres, but did not furnish any details about the approval of UGC, the statutory Councils 4 B.Tech (Computer Science), M.Tech (Computer Science) B.Tech (Civil) and M.Tech (Civil)) 35 and the concerned State Governments nor did the Vidyapeeth submit any information about the Infrastructural facilities, faculty etc. provided in these Centres……………………………………………………

5. The Commission has been receiving a number of complaints that Rajasthan Vidyapeeth, Udaipur is engaged in offering Undergraduate and Postgraduate level courses in various disciplines including Computer Science, Business Studies, Para-medical Studies and Physiotherapy etc. through Study Centre(s) spread all over the country which do not have required infrastructure to maintain the standard of education.

6. A warning was also issued to the Vidyapeeth vide this office letter of even number dated 11th June, 2004 that the degrees awarded in violation of the instructions contained in the Guidelines shall be regarded as unspecified and render the Vidyapeeth to be punishable under relevant provisions of the UGC Act, 1956.

7. The Study Centre/off-campus centres in distance mode opened by Rajasthan Vidyapeeth are without prior approval of UGC.

8. The Vidyapeeth is silent on furnishing the details of fulfilling the norms as laid down by the Distance Education Council nor has attached specific approval of Distance Education Council and UGC.

9. It may be pointed out that unless the Vidyapeeth is fully prepared in terms of faculty and infrastructure laid down by the Statutory bodies, it would not be desirable to start any graduate and postgraduate level courses.”

C. In response to a query from Commissioner (Higher Education) Government of Gujarat, IGNOU informed vide its letter dated 36 03.08.2005 that DEC had not recognized JRN and AAI to offer Distance Education programmes anywhere in the Country as major deficiencies were found in their delivery system and self instructional materials.

D. On 09.08.2005, a notice/circular was issued by UGC to the following effect:

“UNIVERSITY GRANTS COMMISSION

BAHADUR SHAH ZAFAR MARG

NEW DELHI – 110 002

F-6-9/2004(CPP-I)

9th August, 2005

Subject: Non-Recognition of Study Centres of Deemed Universities-

(i) JRN Rajasthan Vidyapeeth, Udaipur

(ii) Allahabad Agricultural Institute (AAI), Allahabad & (iii) IASE Gandhi Vidya Mandir (IASE) (Deemed University), Sardarshahr, Rajasthan The University Grants Commission has been receiving a large number of letters from individuals and organizations seeking clarification about Study Centres of Deemed Universities particularly those associated with (i) Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed University), Udaipur (ii) Allahabad Agricultural Institute (Deemed University), Allahabad (iii) Institute of Advanced Studies in Education of Gandhi Vidya Mandir (IASE) (Deemed University), Sardarshahr, Rajasthan.

It is hereby informed that (i) Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed University), Udaipur (ii) Allahabad Agricultural Institute (Deemed University), Allahabad (iii) Institute of Advance Studies in Education of Gandhi Vidya Mandir (IASE) (Deemed University), Sardarshahr, Rajasthan have been declared as Deemed to 37 be Universities by the Government of India under Section 3 of the UGC Act 1956. These Institutions are empowered to award degrees as specified by the UGC under Section 22 of the UGC Act 1956.

However above three Deemed Universities have not been permitted to affiliate a College/Institute. These Institutions have also not been allowed to conduct any course through Distance Education Study Centre so far, by the Distance Education Council/UGC. Needless to mention that prior approval of Distance Education Council, IGNOU Campus, New Delhi-110 067 is also required for starting courses offered under Distance Education mode. It is for the information of all concerned that no Deemed to be University can start Study Centres/franchises without the prior approval of UGC and that of State Government where the Centre(s) is/are proposed to be opened. Private franchising is not allowed.

Moreover, for starting any UGC approved degree course through Distance mode, prior approval of the Distance Education Council is mandatory. Students are advised to keep these things in mind while getting admission in Deemed to be Universities.

(V.K. Jaiswal)

Under Secretary

Ph: 011-23235640

Publication Officer

UGC Website

New Delhi”

E. On 30.08.2005 a communication was addressed by UGC to JRN, the relevant portions of which were:-

38 “……………………The Vidyapeeth has reportedly been running 649 Study Centres/off campus centres under Distance Education mode without the approval of UGC/Statutory councils/State Government. The Distance Education Council (IGNOU, New Delhi) has not recognized Rajasthan Vidyapeeth to offer Distance Education Programme anywhere in the country so far because major deficiencies have been found in the delivery system and self instructional materials. (Ref.IGNOU/DEC letter No.IG/PVC/05 dated 3rd August, 2005). The Vidyapeeth may please ensure compliance of the following:

1. All off-campus centres/Extension Centres/Study Centres and Academic Centres offering distance education programmes of the Vidyapeeth running without the approval of UGC and Distance Education Council be closed down immediately. A list of such centres may also please be sent to UGC along-with the documentary evidence of closure of these centres.

2. Awarding of X and XII certification be stopped immediately and a public notice to this effect may be published in National Newspapers.

3. An explanation/comments may also be furnished on complaint(s) regarding Study Centres particularly those operating in Gujarat.”

F. A show-cause notice dated 27.10.2005 was thereafter issued by UGC to JRN for non-adherence to UGC norms regarding Study Centres and an explanation was sought within days failing which appropriate action could be taken by UGC. 39

G. On 28.11.2005, All India Council for Technical Education (AICTE) Grant of Approval for starting new technical institutions, introduction of courses or programmes and increase/variation of intake capacity of seats for the courses or programmes and Extension of approval for the existing technical institutions and maintenance of norms and standards in Universities including Deemed to be Universities Regulations, 2005 (2005 AICTE Regulations, for short) were issued. Para 2.5 of the Regulations dealing with grant of approval was to the following effect:-

“2.5 Requirement of grant of approval (1) No new technical institution of Government, Government Aided or Private (self financing) institution, whether affiliated or not affiliated to any University shall be started and no new courses or programs shall be introduced and no increase and/or variation of intake in the existing Courses/Programmes shall be effected at all levels in the field of ‘Technical Education’ without obtaining prior approval of the Council. The Council may take Legal action against such defaulting Institution/Society/Company/Associated Individuals as the case may be for contravening provisions of this regulations by conducting courses/programmes in “Technical Education” without obtaining prior approval from AICTE.

(2) No existing technical institution of Government, Government Aided or Private (self financing) institution whether affiliated or not affiliated to a University shall conduct any technical course/programme without prior approval of the Council.

(3) No University including Deemed University shall conduct technical courses/programmes without ensuring maintenance of the norms and standards prescribed by AICTE.

(4) No University, Board or any other body shall affiliate technical courses/programmes not approved by the AICTE.

(5) No admission authority/body/institution shall admit students to a course/programme of technical education not approved by AICTE.”

H. On 05.01.2006 a circular was issued by DEC stating that the programmes of JRN through Distance Mode were not approved by DEC.

I. On 01.02.2006 a letter was addressed by JRN to UGC undertaking to close its Distance Education Programme but requesting UGC to grant one time specific approval insofar as existing students in the programmes currently in operation.

J. On 05.04.2006 a Notification was issued by MHRD, Government of India in exercise of powers vested in the Central Government under Section 20(1) of UGC Act and under Section 20(1) of AICTE Act clarifying the role of the UGC and AICTE in maintaining standards of education in institutions notified as deemed to be universities. The relevant portion of the notification is as under:

“It is not a pre-requisite for an institution notified as a “Deemed to be University to obtain the approval of the AICTE, to start any programme in technical or management education leading to an award, including degrees in disciplines covered under the AICTE Act, 1987. However, institutions notified as ‘Deemed to be University’ are required to ensure the maintenance of the minimum standards prescribed by the AICTE for various courses that come under the jurisdiction of the said Council.

It is expected that the institutions notified as ‘Deemed to be University’ maintain their standards of education higher than the minimum prescribed by the AICTE. In accordance with provisions under Section 11(1) of the AICTE Act, 1987, the AICTE may cause an inspection of the relevant departments of the institution declared as ‘Deemed to be University” offering the courses that come under the jurisdiction of the AICTE Act, 1987 in order to ensure the maintenance of standards by them.”

K. The application preferred by JRN for ex-post facto approval was considered by UGC in its meeting dated 11.06.2006 and the Chairman was authorized to do the needful through appropriate mechanism. The Chairman, UGC accordingly constituted a two members Committee with Legal Consultant, UGC, as Special Invitee.

This Committee held meeting in the UGC office on 30.06.2006 and interacted with representatives of JRN. The decision of the Committee was as under:-

“After examining all the aspects regarding one time ex-post-facto approval to Sri Janardan Rai Nagar Rajasthan 42 Vidyapeeth, Udaipur for the students admitted in various Degree courses under Distance Education Mode from 1st June, 2001 to 31st August, 2005 as also keeping in view the future of a large number of innocent students, the Committee recommended one-time ex-post-facto approval for the students admitted under the distance education mode by Sri Janardan Rai Nagar Rajasthan Vidyapeeth, Udaipur in Degree Courses from 1st June, 2001 to 31st August, 2005 subject to strict compliance and fulfillment of the following conditions:

1. The one time approval will cover students admitted between 1st June, 2001 and 31st August, 2005 admitted in Degree courses under Distance Education Mode only subject to the condition that Sri Janardan Rai Nagar Rajasthan Vidyapeeth, Udaipur shall ensure that it has permission of relevant Statutory Bodies or Councils wherever necessary and shall maintain the norms and standards laid down by the relevant Statutory Bodies and Councils.

2. Only such students shall be considered for regularization who fulfill the eligibility conditions, prevalent in other universities and prescribed by the statutory authorities for the courses they have been admitted. Non-eligible candidates shall be offered alternative courses according to their eligibility or the entire fee shall be refunded by the Vidyapeeth along with the compensation claimed…………………..”

L. Thereafter, on 03.07.2006 UGC granted one time ex-post facto approval in respect of courses conducted by Distance Education Mode by JRN from 01.06.2001 to 31.08.2005. The conditions mentioned by the Committee in its recommendations dated 30.06.2006 were incorporated in this communication.

M. On 03.11.2006 a letter was addressed by the UGC to JRN that the conditions of approval as incorporated in the communication dated 03.07.2006 had not been complied with. It appears that on 29.12.2006 an Expert Committee was constituted by UGC to look into the documents/information received from JRN.

N. On 04.02.2007 a public notice was issued jointly by AICTE, UGC and DEC. The notice stated as under: “It has come to the notice of the University Grants Commission (UGC), the All India Council for Technical Education (AICTE) and the Distance Education Council (DEC), that some Universities, Institutions Deemed to be Universities and other institutions are offering technical education programmes in the ‘distance mode’ without the approval of the concerned Statutory Council. All Universities, Institutions, Deemed to be Universities and other institutions are hereby cautioned that running such programmes and giving misleading advertisements regarding unapproved ‘distance mode courses and programmes of study, shall attract severe action under the provisions of applicable laws, including that of de-recognition and withdrawal of institutional approval;

It is hereby clarified, in the public interest that there are a number of courses or programmes of study leading to Degree/Diploma or other awards in Engineering & Technology, Management, Computer Applications, Architecture & Town Planning, Pharmacy, Hotel Management & Catering Technology, Applied Arts and Crafts, etc. which have not been approved by the appropriate Statutory Council for being conducted in the ‘distance mode’. It is also reiterated that all courses or 44 programmes of study in the ‘distance mode’ require the approval of DEC.”

O. On 15.06.2007 JRN filed an application with DEC seeking approval to start 69 programmes in Distance Education from the Session 2007-2008. The letter stated that as directed by the UGC, JRN had stopped new admissions after August 2005. The letter requested for ex-post facto approval for the programmes/students between 01.06.2001 to 31.08.2005 and approval for programmes proposed to be started from the Session 2007-2008. 69 Programmes indicated in the application comprised of six programmes leading to the award of Bachelors Degree in Technology in the disciplines of Computer Science, Information Technology, Civil Engineering, Mechanical Engineering, Electrical Engineering and Electronics/Tele- Communications. List of Study Centres numbering 38 was also appended.

P. A Visiting Committee constituted by the Chairman, DEC, had visited the main campus of JRN on 15.06.2007 itself. Some of the relevant portions from the report of the Visiting Committee are as under: “………..The University has large infrastructure of Study Centres totaling 852. These Care located mostly in private institutions. It has also Study Centres at its headquarter. The details of facilities available at each Centre along with the list of equipments is given in Annexure – VIII. The university now proposes to reduce the number of Study Centre significantly and offer programmes through a network of 38 Study Centres only. (list enclosed)” After making above observations, the Committee made the following recommendations: “Keeping in view the above facts the committee recommends that the request of the university for post facto approval may be favorably considered. It also submits that the request of the university for continuation of its programmes may be considered by DEC as per norms being adopted for institutional recognition.”

Q. In its meeting dated 01.08.2007 and 02.08.2007 the reports submitted by the Visiting Committee in respect of AAI (visit dates 26th and 27th October, 2004), JRN (visit dates 15th and 16th June, 2007), VMRF (visit date 04.02.2007) and IASE (visit dates 3rd and 4th September, 2004) were considered by the DEC. The minutes of the meeting of DEC were:- “The Committee deliberated upon the recommendations of the visiting committees with respect to each institution and came up with the following recommendations:

1. The above four institutions may be given ex-post facto sanction till the academic session June-July 2007 only.

2. These institutions should be communicated the deficiencies/improvements identified by the visiting committees.

3. For recognition of the institution from next academic calendar i.e. from June-July 2008 another visiting committee may be constituted by the Competent Authority to visit and submit a fresh report on the basis of which further decision on recognition may be taken.” The minutes further show that ex-post facto approval granted to the aforesaid institutions was to be a one time measure and not to be treated as a precedent in future.

22. At this stage, while ex-post facto approval sought by JRN, IASE, AAI and VMRF was under consideration, a Memorandum of Understanding was arrived at on 10.05.2007 among UGC, AICTE and DEC to work in close co-operation in pursuit of excellence in technical and general education through distance and mixed mode in the country. Para 10 of the Memorandum of Understanding was as under:

“(10) The Joint Committee shall also evolve a mechanism for monitoring the existing institutions conducting courses/programmes in ‘distance and mixed mode’ for ensuring maintenance of norms & standards provided UGC, AICTE and DEC. It will also cause inspections to existing institutions conducting technical and general education to courses/programmes through distant and mixed mode for the purpose of continuation/withdrawal of approval by AICTE in respect of technical institutions and UGC in respect of Universities including Deemed to be Universities.”

This Joint Committee held several meetings and the decisions in some of them were as under:- i) In the first meeting held on 11.05.2007, the Chairman stated that a large number of distance education programmes were being offered for commercial purposes; that there was deterioration of quality particularly in technical and professional programmes that were being offered through distance mode and the joint committee was expected to ensure quality of all distance education programmes in general and professional & technical programmes in particular. The decision taken in the meeting included inter alia: “For any institution/university to offer distance education programmes, it is mandatory for them to offer the same programme in face to face mode. — — — Study Centres should be managed by the institution and no franchising of any kind would be allowed.”

ii) The recommendations made by the DEC on 1st and 2nd of August 2007 ratifying the recommendation of the Visiting Committee of DEC to grant ex-post facto approval to JRN, IASE, AAI and VMRF as mentioned hereinabove, were then placed before and accepted by this Joint Committee in its third meeting held on 07.08.2007. The relevant minutes of the meeting were:-

“3. Institutions applied for ex-post facto approval. The Joint Committee accepted the recommendations of the Committee appointed by DEC. It accepted the recommendations of granting ex-post-facto approval to all the four institutions namely JRN Rajasthan Vidyapeeth, Allahabad Agriculture Institute Deemed University,Vinayaka Mission University, Punjab Technical University and IASE Deemed University up to the current academic year i.e. 2007-08 and the suggestions made by the visiting Expert Committee should be made known to them which should be strictly adhered to. However, they need to apply for formal recognition to DEC for the next academic year.”

iii) In the fifth meeting held on 17.04.2008, convened on the requisition of AICTE, complaints against IASE and VMRF were discussed and it was decided to constitute Visiting Committees to review their programmes.

iv) In the sixth meeting held on 28.07.2008, following decisions were taken:-

“(i) It was decided that the Chairman, Joint Committee will write to the Chairman, UGC and the Chairman, AICTE communicating that once the decision on approval is taken by the Joint Committee, it should be considered as approval given by the UGC, AICTE and DEC and the same should not be referred to the respective Commission and Councils; otherwise the entire purpose of the Joint Committee will be defeated.

(ii) Copies of all applications for approval of programmes in technical and professional areas will be sent to the AICTE and AICTE will send its recommendations to the Joint Committee for further processing.

v) In the ninth meeting held on 05.08.2009, the stand taken by MHRD vide letter dated 29.07.20095 regarding withdrawal of permission given to institutions to conduct B.Tech/B.E. programmes through distance mode and to stop admissions to such programmes was noted. The unanimous decision was taken that till such time the matter was resolved, the Joint Committee would not accord any approval to B.Tech/B.E. programmes.

23. After the Joint Committee of UGC, AICTE and DEC had accepted the recommendations of DEC for granting ex-post facto approval to JRN, IASE, AAI and VMRF in its meeting held on 07.08.2007, the further factual developments were as under:-

i) The formal approval was communicated by IGNOU to JRN in following terms vide its letter dated 29.08.2007

“In connection with ex-post-facto recognition, we would like to convey that all programmes (that were approved by the statutory bodies of your institute) are approved till date. As you have not been offering education through distance mode since 2005, all your programmes (approved by the statutory bodies of your institute) till 2005 happen to be approved by the DEC. 5 Referred to in Para 23(xiii) However, for recognition of your institution for offering programmes through distance mode from next academic year, i.e. from June-July, 2008, you are requested to submit fresh application in the prescribed format developed by DEC.”

ii) JRN thereafter applied to UGC for approval for academic Session 2007-08 submitting that “one time ex-post-facto approval” vide letter dated 03.07.2006 was already granted by UGC and that DEC had also granted ex-post-facto approval for programmes offered by JRN through distance education mode till date. Thereafter, JRN addressed a communication to UGC on 02.09.2007 submitting compliance for final ex-post-facto approval in terms of approval dated 03.07.2006.

iii) On 03.09.2007 DEC granted provisional recognition to JRN in respect of programmes offered through distance education mode for a period of one year from the date of its letter in following terms:

“Dated 03.09.2007

Sub.: Provisional Recognition

Dear Sir, This has reference to your application to the Distance Education Council requesting for 51 recognition of programmes offered through distance mode by your university.

We would like to inform you that your university has been granted provisional recognition for offering programmes (approved by the statutory bodies of your university) through distance mode for a period of one year w.e.f. the date of issue of this letter. However, for recognition of your institution for offering programmes through distance mode in the next academic year i.e. from June-July, 2008, you are requested to submit a fresh application in the prescribed format developed by the DEC which may be downloaded from the DEC website: http://www.dec.ac.in. We would also like to inform you that the DEC has decided not to insist on territorial jurisdiction to be followed by institutions in offering programmes through distance mode and on that matter universities should be governed by their own Acts and Statutes. With regards

Yours sincerely,

Sd/-

(SWARAJ BASU)

Prof. L.S. Bhat

Vice Chancellor

Janaradan Rai Nagar Rajasthan

Vidyapeeth (Deemed University)

Pratap Nagar, Udaipur- 313 001, Rajasthan.”

iv) Having received provisional recognition for the academic year 2007-2008 from DEC, JRN then applied to UGC on 13.09.2007 and on 13.11.2007 UGC sent a letter in reply to JRN as under:

“UNIVERSITY GRANTS COMMISSION

BAHADURSHAH ZAFAR MARG

NEW DELHI 110 002

No.F.6.3(Centre)/2003 (CPP-I)

November 13, 2007

The Vice-Chancellor Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed University) Pratapnagar, Udaipur- 313 001 (Rajasthan)

Subject: Courses under Distance mode -Regarding Sir, With reference to your proposal on the subject cited above. I am directed to inform you that the Commission has noted that DEC, a statutory council in regular distance education, has already conveyed the approval (ex-post-facto as well provisional approval for the year 2007-2008) to certain courses run by your University under distance mode based on the approval of the UGC-AICTE-DEC joint committee.

Therefore, no separate approval from UGC is required for the same. You are requested to send list of the courses (year-wise) run by the Deemed University under distance mode as approved by the Joint Committee. This issues with the approval of Chairman, UGC.

Yours faithfully

(K.P. Singh)

Joint Secretary”

v) On 05.12.2007 JRN informed UGC that in view of the approval dated 29.08.2007 granted by DEC, JRN would be offering distance education programmes in the year 2007-08 as well.

vi) At a meeting held on 19.02.2008 wherein Secretary, Department of Higher Education (Distance Learning Division), MHRD, Heads of UGC, AICTE & IGNOU and Joint Secretary (Distance Education) participated, it was decided that the approvals should be granted to the courses and not to the institute. The following decisions, were inter alia, taken in the meeting:

“e. In addition to existing agreement of AICTE for conduct of MCA and MBA programs by distance mode, AICTE must also consider to agree to allow conduct of B.Tech. programmes through distance mode for Diploma holders in Engineering/Technology with work experience. Similarly, distance education programmes for ITI certificate holder, with some work experience, leading to award of Diploma could be allowed and encouraged for their vertical academic mobility.

f. The approvals should be granted to the courses and not to the institute.

g. The approval, including the cases of granting of ex-post-facto approvals conveyed by the DEC, to Allahabad Agricultural Institute, Allahabad, Annamalai University, TN, IASE Sardarshahr, Raj, JRN Rajasthan Vidyapeeth, Udaipur, Vinayaka Mission, Salem must be reviewed within the next month.”

vii) Though the decision was taken in the meeting of 19.02.2008 a letter was addressed only on 12.05.2008 by UGC to various institutions including JRN, AAI, AISE and VMRF as follows:-

“Sir,

With reference to your proposal for ex-post-facto approval to the courses run under distance mode by the deemed university, I am directed to inform you that the Government of India, MHRD convened a meeting on 19th February, 2008 which was chaired by Secretary, Department of Higher Education. It was decided that the approval granted by Distance Education Council (including ex-post-facto) must be reviewed and the approval should be granted to the courses and not to the institute. Distance Education Council has also been requested to give approval strictly as per the provisions contained in the MOU signed between UGC, AICTE and DEC.

The relevant clause of the MOU is reproduced as under: “Based on the recommendations of Joint Committee, the letter of approval may be issued by the Joint Committee. The letter should explicitly state: This has the approval of UGC, AICTE and DEC. The letter should be jointly signed by Secretary, UGC, Member Secretary, AICTE and Director, DEC.” In view of the above mechanism and instructions issued by MHRD, you are advised to approach the Joint Committee through Distance Education Council, IGNOU, Maidan Garhi, New Delhi.

Yours faithfully

(S.C.Chadha)

Deputy Secretary”

viii) In the meantime, on 08.05.2008 JRN sought approval for the year 2008-09 from DEC for its courses in distance education mode. 55 Nine professional/technical programmes6 leading to the award of degrees in engineering were listed in respect of which approval was sought.

In Table 3.12 Programme-wise student enrolment in respect of said programmes was mentioned as 4142, 1258, 3166, 1380, 312, 1792, 4216, 516 and 103 respectively; which in effect aggregated to 16885 for all 9 courses put together.

(ix) In the 447th meeting of the UGC held on 21.05.2008 decision was taken in respect of report submitted by the Chairman, UGC as under:

“1.02(a) to ratify the action taken on certain matters.

(i) To report the decision by the Chairman, UGC regarding courses run under distance mode by JRN Rajasthan Vidyapeeth, Deemed University, Udaipur, Rajasthan.

The Commission ratified the action taken by the Chairman, UGC.”

x) Various show-cause notices were thereafter issued by UGC on 26.06.2008 and 21.08.2008 regarding alleged violation of UGC Guidelines by concerned Deemed to be Universities but the record is 6Bachelor of Technology in

(i) Mechanical Engineering;

(ii) Chemical Engineering;

(iii) Electrical Engineering;

(iv) Computer Science;

(v) Information Technology;

(vi) Electronics & Telecommunication;

(vii) Civil Engineering;

(viii) Electronics & Communication Engineering;

(ix) Bio-Informatics. not clear what further steps were taken and what decisions were arrived at.

xi) On 27.06.2008, DEC issued a public notice titled “Recognition of degree/diploma/certificates for employment and recognition and distance education institutions” wherein it was clarified:- “The provisional approval granted by DEC is not to be construed to be in lieu of the approval required by the Institutions from the AICTE in respect of the standards to be maintained for technical education programmes and from the UGC for offering any programme in leading to award of a degree which is at variance with the nomenclature of degrees mentioned in the UGC Regulations under Section 22 of the UGC Act, 1956.”

xii) On 08.10.2008 DEC granted approval to JRN for the academic year 2008-2009. The relevant portion of the letter was as under:- “This has reference to your letter No.JRNRVU/DEW/2008-2009/811, dated 8 May, 2008 requesting Distance Education Council for continuation of recognition of your Institute for programmes offered through distance mode for the year 2008-09. In this connection we would like to inform you that vide our letter No.F.No.DEC/Univ/State/07/5739, dated 3.9.2007, your University was accorded Provisional recognition for one academic year i.e. 2007-08 for programmes offered through distance mode. Further, your proposal for grant of regular recognition of your University is under process. Meanwhile, your University has been granted continuation of provisional recognition till such time a visiting committee visits your Institute and submits its recommendation. With regards

Yours sincerely,

Sd/-

(Manjulika Srivastava)

Prof. L.S. Bhat,

Vice Chancellor,

Janaradan Rai Nagar Rajasthan

Vidyapeeth (Deeded University),

Pratap Nagar, Udaipur-313001, Rajasthan”

xiii) On 29.07.2009, MHRD wrote to Chairman DEC as under:-

“D.No.6-7/2008-DL

Dear Prof. Pillai, The matter regarding recognition of B.Tech Degrees awarded by UGC recognised Universities through Distance Education Mode was examined in the Ministry. After a detailed examination of the subject matter referred above, the following course of action has been approved at the highest level in the Ministry.

(i) DEC should immediately withdraw permission given to various institutions to conduct B.Tech/B.E. Programmes through Distance Mode and no student should be admitted in the current year also.

(ii) Those who have already been admitted will have to pass both practical and written examination as may be prescribed in this regard so as to give validity to the B.Tech/B.E. degree acquired by them through distance education.

In view of the above, I would request you kindly to take further necessary steps to implement the action mentioned at para (i) above immediately and also further evolve a broad policy and guidelines to give effect to the action as mentioned at para (ii) above. This being a very 58 important and sensitive issue, an early action in the matter will be highly appreciated.

Yours sincerely,

Sd/-

(N.K. Sinha)

Prof. V.N. Rajasekharan Pillai,

Vice Chancellor & Chairman,

DEC, Indira Gandhi National Open University,

Maidan Garhi,

New Delhi-110068.”

xiv) Soon after the aforesaid letter, DEC informed JRN on 13.08.2009 as under:-

“Dear Sir/Madam

This has reference to the MHRD letter No.D.O.No.6-7/2009-D.L. Dated 29th July, 2009 vide which MHRD has directed the DEC to immediately withdraw permission given to various institutions to conduct B.Tech/BE programmes through distance mode and also ensure that no students are admitted in the current year.

In this connection the Joint Committee of UGC-AICTE and DEC has not yet accorded any approval to B.E./B.Tech programme of any University offered through distance mode. Any such programmes offered by a University are hence illegal and are not approved by the DEC. Thus it is notified that the above notification of the MHRD is to be strictly adhered to and no University should offer any B.E./B.Tech programme through distance mode. Any deviation from this policy may invite de-recognition of the concerned University by the DEC. With regards,

Yours sincerely,

Sd/-

(Manjulika Srivastava)

To

The Vice Chancellor,

Janardan Rai Nagar Rajasthan

Vidyapeeth, Airport Road, Pratap Nagar,

Udaipur-313001 Rajasthan.”

xv) On 21.05.2010, the UGC (Institutions Deemed to be Universities) Regulations, 2010( hereinafter referred to as “2010 UGC Regulations”) were issued consolidating Guidelines issued from time to time in respect of factors to be taken in consideration before granting the status of Deemed to be University. Regulation 2.14 which defined statutory body includes inter alia AICTE and Regulation 8.02 prescribes that the Institution Deemed to be University shall submit a certificate and an undertaking that the professional programmes being conducted by it, if any, have the approval of the relevant statutory/regulatory body. Regulation 12 deals with “new departments, off campuses and off shore campuses” and Regulation 12.11 is as under:-

“12.11. The off-Campus Centre/Off-shore Campus shall be directly administered by the parent institution deemed to be university in matters of admission, instruction, evaluation, conferring of degrees, etc. In case of the off-shore Campus, lease in the name of the institution Deemed to be university may be acceptable (as per the procedure of the country in which such off-shore campus is proposed to be established). In case lease is not permissible in any particular country, land and other assets in the name of a Strategic Partner shall be accepted.

For this, the institution Deemed to be university shall have a duly registered MoU/collaboration with the Strategic Partner which shall be governed in accordance with the law for the time being in force, in India.” Further, Regulation 18 was as under:-

“18.0 DISTANCE EDUCATION No institution Deemed to be university, so declared by the Central Government subsequent to these Regulations, shall be allowed to conduct courses in the Distance mode. Also, such institutions declared as such, prior to these Regulations, shall not be allowed to conduct courses in the Distance mode from any of its off-Campus Centre /off-shore Campus approved subsequent to these Regulations.”

xvi) On 23.09.2011, JRN requested DEC for continuation of its provisional recognition which was granted vide letter dated 08.10.2008. In response, DEC replied,:- “In this regard, I am to inform that the competent authority has acceded to your request for continuation of provisional recognition conveyed by DEC vide letter No.F.DEC/JRN/RJ/08/14236 dated 08.10.2008 in order to ensure continuity of the programmes offered by your 61 University through distance mode, till the date of visit/approval of recommendations of the Visiting Expert Committee. Further, it is the responsibility of the University to follow the norms prescribed by the concerned regulatory bodies and seek their approval for professional/technical programmes as per the requirement.

Thus getting the approval of concerned statutory apex body for relevant progaramme(s) will be the sole responsibility of the University.” xvii) On 29.12.2012 an order was issued by MHRD as under:- “In view of the recommendations of the Madhava Menon Committee Report and Government’s decision thereon, the Distance Education Council of Indira Gandhi National Open University (IGNOU) created under Statute 28 of the IGNOU Act cannot act as a regulator for other Universities as it creates conflict of interest. The Distance Education Council and the Board of Management of IGNOU have already passed resolution to repeal the Statute 28 and dissolve DEC under IGNOU.

Therefore, the Central Government in exercise of the powers conferred by sub section 1 of section 20 of the UGC 1956 and the AICTE Act, 1987 hereby directs:-

(i) The UGC and AICTE as already empowered under their respective Acts, would also act as a regulator for Higher Education (excluding Technical Education) and Technical Education through open & Distance Learning (ODL) mode respectively Universities are empowered under their respective Act to offer any programme course including in Technical Education in the conventional mode. However if they offer any programme/course in ODL mode they would require recognition from the 62 UGC, AICTE, NCTE and other such regulators of the conventional mode of education in those areas of study……”

xviii) On 01.05.2013, IGNOU dissolved DEC and regulatory functions of “Open and Distance Learning Education” were taken over by UGC, whereafter a notification was issued by UGC on 17.06.2013 that till it formulated Regulations for maintaining standards in Open and Distance Learning systems/courses, the UGC would adopt the Guidelines of the DEC on minimum requirements for recognition of Institutions.

xix) On 27.06.2013 a public notice was issued by UGC stating that Deemed to be Universities were not allowed to take courses in distance education mode. The relevant portion of public notice was to the following effect:- “A Deemed University shall operate only within its Headquarters or from those off campuses/off-shore campuses which are approved by the Government of India through notification published in the official gazette. In case of distance education programmes, no institution Deemed to be university, so declared by the Govt. of India after 26th May, 2010 [date of publication of UGC (Institutions Deemed to be Universities) Regulations, 2010] is allowed to conduct courses in the distance mode.

The institutions Deemed to be universities declared before 26th May, 2010 are not allowed to conduct courses 63 in distance mode from any of its off-campus centres/off-shore campuses approved after 26th May, 2010. Approval for new courses and extension of approval of the courses already run by the Deemed to be Universities under distance mode would be granted by the UGC subject to the fulfillment of conditions as laid down by the UGC. The UGC has not granted approval to any Deemed to be university to establish Study Centres. Any information/clarification with regard to recognition of Private Universities/Deemed Universities and the courses offered by them may be obtained from JS (CPP-I) UGC. Bahadurshah Zafar Marg, New Delhi.”

xx) Despite the aforesaid policy statements that no Deemed to be University was allowed to take technical courses in distance education mode, JRN again requested UGC to grant approval in terms of the earlier report of the Committee and when no response was received from UGC, Civil Writ Petition No.13900 of 2013 was filed by JRN in the High Court of Judicature for Rajasthan at Jodhpur in which following order was passed by the High Court on 26.11.2013:- “Issue notice. Notice be also issued on the stay application. Rule is made returnable on 16.12.2013. In the meantime, the respondents shall not de-recognize the courses run provisionally under the “distance education mode.”

xxi) On 26.12.2014 JRN submitted further proposal to Distance Education Bureau of UGC for starting new courses in distance 64 education mode from academic session 2015-2016. Soon thereafter, on 28.02.2015 another letter was written by JRN to UGC to grant continuation of recognition to JRN for the academic session 2015-2016. According to JRN, a further letter in reminder was sent on 17.06.2015 and when no response was received from UGC, JRN filed Civil Writ Petition No.8832 of 2015 in the High Court of Judicature for Rajasthan at Jodhpur and the following order was passed by the High Court on 17.11.2015. “……….At this stage, Mr. Singhvi, Learned Senior Counsel, has argued that some interim protection be granted to the petitioner, which is a deemed university and involved in imparting education through distance mode since 2001 of the approved programmed of UGC.

Mr. Singhvi further submits that although there was an interim protection by this Court not to take any coercive action against the petitioner-University and not to de-recognize the courses run by it, the respondent-UGC has issued communication (Annex. 36) wherein the petitioner University has not been mentioned to impart education through distance mode. Considering the fact that petitioner-University is involved in imparting education by distance mode since 2001 and there is interim protection granted to the University, the respondent-UGC is directed to provisionally include the name of the petitioner-deemed University in the list of the Universities, which are allowed to offer the approved programmed through distance mode for the Academic Session 2015-16.

It is made clear that this interim arrangement shall not create any right or equity in favour of the petitioner- 65 University and shall remain subject to the final decision of the writ petition. It is further clarified that UGC shall be free to carry out the requisite inspection for verifying the requisite infrastructure available with the petitioner-University for imparting education through distance mode. Stay petition is disposed off.” xxii) On 12.04.2016 JRN submitted further proposal seeking recognition for programmes offered by it through distance education mode during the academic session 2016-2017. According to JRN, there being no response from UGC, JRN filed Writ Petition No.10310 of 2016 in the High Court of Judicature for Rajasthan at Jodhpur to include name of JRN in the list of recognized Universities in the academic year 2015-2016 and following order was passed by the High Court on 15.09.2016:-

“Issue notice to the respondent No.1 only. Issue notice of stay petition as well and be given ‘dasti’ to learned counsel for the petitioner for service. Learned counsel for the respondent Nos.2 and 3 seeks some more time to file reply to the writ petition. Time prayed for is granted. In the meantime, the respondent Nos.2 and 3 are directed to provisionally include name of petitioner-Deemed University in the list of universities, which are allowed to offer the approved programme for Distance Education mode for the Academic Sessions 2016-2017. 66 Put up on 20.10.2016 along with S.B. Civil Writ Petition Nos.5531/2015, 13900/2013, 5194/2014, 7419/2015 and 8832/2015.”

24. In the aforementioned backdrop of facts leading to the ex-post-facto approvals granted to JRN, IASE, AAI and VMRF and the subsequent facts, the stand of the authorities as taken in their affidavits may now be adverted to. We have already quoted paragraph 19 of the affidavit of Mr. Ved Prakash, Chairman, UGC. Since the stand of the UGC in the present matter is quite crucial, the relevant portions of the affidavit starting from paragraphs 7 to 10 and 12 to 18 in relation to the first question posed by this Court in its Order dated 11.12.2014 are extracted as under:-

“7. Whether the UGC recognizes degrees in technical education by open and distant education mode. If so, subject to what conditions, if any. 8. It is humbly submitted that the UGC used to consider the grant of approval to programmes conducted by institutions Deemed to be Universities for awarding B.E./B. Tech. degrees through ODL mode. The conditions for granting such UGC approval to ODL programmes conducted by institutions Deemed to be Universities for awarding B.E./B.Tech. degrees are described below.

9. After the MHRD issued a notification dated 01.03.1995 (no.44, F.No.18-15/93-TD.V/TS.IV.) making it mandatory to obtain approval for ODL qualifications from the DEC and, wherever necessary, from the AICTE, for employment with the Central Government, the UGC required the approval of AICTE wherever necessary for programmes conducted by institutions Deemed to be Universities leading to the award of B.E./B.Tech 67 degrees through ODL mode, as an imperative for the validity of such programmes……………

10. Then, in 2004, the UGC framed “Guidelines for Establishing New Departments within the Campus, setting up of Off-campus Centre(s)/Institution(s)/Off-shore Campus and Starting Distance Education Programmes by the Deemed Universities” [the “2004 UGC Guidelines”]. These guidelines were framed in keeping with the UGC’s mandate to maintain the standard of teaching and research in universities and stipulated, ……….

12. Thus, even as per the 2004 UGC Guidelines, the institutions Deemed to be Universities were required to have the approval of the AICTE, in addition to that of the UGC/DEC, for programmes leading to the award of B.E./B.Tech. degrees through ODL mode.

13. ……..Here, it may be briefly noted that the DEC had granted such ex-post facto approval because, as per the MHRD’s gazette notification No.44, dated 01.03.1995, qualifications were required to have mandatory approval of the DEC and, wherever necessary, AICTE to be valid for Central Government jobs. However, since the DEC started giving such approvals in 2004-5 and the proper mechanism could be put in place only in 2007, most universities/institutions were not recognized by the DEC though many universities were offering programmes through correspondence and distance mode even before the establishment of the DEC (or its policy for giving recognitions).

As a result, many students who had obtained their qualifications through distance mode started facing problems because of non-recognition of their qualifications, including many who were in employment for years. Therefore, in order to safeguard the interest of these students, the DEC started the process of ex-post facto approvals and, consequently, many universities offering programmes through distance mode (including technical programmes) were accorded ex-post facto approval. However, the universities concerned were required to follow the norms of the appropriate regulatory bodies and seek their approval wherever required.)

14. It is pertinent to note that the Joint Committee referred to in the aforesaid letter dated 12.05.2008 was formed pursuant to an MoU dated 10.05.2007 between UGC, AICTE and DEC. The MoU was “aimed to avoid duplication of efforts in streamlining of activities” between the three bodies who had “mutually agreed to 1) carry out various functions of UGC & AICTE mandated under the Acts, as decided by the UGC and AICTE from time to time jointly with Distance Education Council to ensure coordinated and integrated development and maintenance of norms and standards of technical and general education through distance and mixed mode in any form and format in the country….”

The Joint Committee was “to oversee the implementation of MoU and to design action plan for approval and monitoring of institutions offering technical programmes through distance and mixed mode” and applications for approval of programmes in distance and mixed mode in the field of technical and general education were to be submitted to the Secretary to the Joint Committee.

……. 15. Therefore, since the AICTE was a member of the Joint Committee, the UGC considered approval from the Joint Committee as tantamount to approval from AICTE as well. As such, the aforesaid letter dated 12.05.2008 from the UGC actually nullified an earlier decision to accept the recommendation to grant ex-post facto approval to JRN Rajasthan Vidyapeeth and other institutions Deemed to be universities taken at the third meeting of the Joint Committee of UGC-AICTE. DEC held on 17.08.2007 as well as a letter dated 13.11.2007 issued by the UGC which stated that, in light of the DEC’s approval, “no separate approval from UGC is required” by JRN Rajasthan Vidyapeeth for courses under distance education mode.

16. It is also pertinent to note that, subsequent to the UGC’s letter dated 12.05.2008, the Joint Committee of UGC-AICTE-DEC; or UGC independently, did not accord any approval to these institutions Deemed to be Universities for starting programmes leading to the award of degrees in technical education through ODL mode. Therefore, till date, the deemed 69 universities, namely, JRN Vidyapeeth Udaipur, Rajasthan; Vinayaka Mission’s Research Foundation, Salem, Tamil Nadu; IASE Gandhi Vidya Mandir, Sardarshahr, Rajasthan; and Allahabad Agriculture Research Institute, Allahabad, U.P. have not been accorded the UGC’s approval for their ODL programmes leading to the award of B.E./B. Tech. degrees.

17. In any event, vide letter dated 29.07.2009, the MHRD had informed the erstwhile DEC that the latter “should immediately withdraw permission given to various institutions to conduct B.Tech/B.E. Programmes through Distance Mode and no student should be admitted in the current year also. Those who have already been admitted will have to pass both practical and written examination as may be prescribed in this regard, so as to give validity to the B.Tech/B.E. degree acquired by them through distance education.” Accordingly, the erstwhile DEC had issued a letter dated 13.08.2009 stating that “the Joint Committee of UGC-AICTE and DEC has not yet accorded any approval to BE/B.Tech programme of any University offered through distance mode. Any such programmes offered by a University are hence illegal and are not approved by the DEC. Thus it is notified that the above notification of the MHRD is to be strictly adhered to and no University should offer any BE/B.Tech programme through distance mode. Any deviation from this policy may invite de-recognition of the concerned University by the DEC.”

18. Thereafter, in 2010, the UGC framed the UGC (Institutions Deemed to be Universities) Regulations (the “2010 Deemed Universities Regulations”).

As per Regulation 18.0 therein. “No institution Deemed to be university, so declared by the central Government subsequent to these Regulations, shall be allowed to conduct courses in the Distance mode. Also such institutions declared as such, prior to these Regulations, shall not be allowed to conduct courses in the Distance mode from any of its off-Campus Centre/Off-shore Campus approved subsequent to these Regulations.”

25. The AICTE in its affidavit in reply referred to its Regulations and Guidelines. Adverting to the decision in Bharathidasan (supra), it was submitted that after said decision, “…… only the “Technical Institutions” other than University were required to have prior approval of the AICTE. However, the universities which applied for approval of the AICTE on their own, were considered for grant of approval as per norms and standards of AICTE in force. At this stage, it is necessary to clarify that the study centers and campuses of universities which were not the constituent units of the universities, were required to have prior approval of the Council for conducting any technical course or programme….” Further, reference was made to notification dated 05.04.2006 issued by MHRD, which inter alia dealt with the issues concerning maintenance or standards of education in institutions notified as Deemed to be universities. The affidavit further stated that:

“That it is respectfully submitted that it has been the policy of AICTE not to recognize qualification acquired through Distance Education mode at Diploma, Bachelors and Master level in the fields of Engineering, Technology and Architecture, Town Planning, Pharmacy, Hotel Management and Catering Technology, Applied Arts and Crafts and Post Graduate Diploma in Management (PGDM). AICTE has the policy to consider only MBA and MCA through Distance Mode for its recognition. In these circumstances, the AICTE has been issuing public notices from time to time informing the public and students regarding the above and specifically informing all the existing students/prospective students pursuing/wanted to pursue any educational programme in the above mentioned fields to check the approval by Joint Committee of DEC, UGC and AICTE on AICTE’s web-portal at http://www.aicte-india.org..

It is respectfully submitted that AICTE has given various public notices in different newspapers regarding its aforesaid policy from time to time as per AICTE Act. That it is submitted that in view of the position explained hereinabove, the conduct of a technical course through distance education mode other than a course in MBA and MCA is not permissible. Thus, any technical course conducted by the technical institutions including the institution Deemed to be university concerned through distance education mode, except a course in MBA and MCA, is contrary to the policy of the AICTE. Hence, degrees or diplomas in technical course through distance education mode other than a course in MBA and MCA awarded by the technical institutions including the institution Deemed to be university cannot be treated valid degree or diploma.

That it is submitted that in the present matter, the Private Respondent has obtained degree in Engineering from JRN Rajasthan Vidyapeeth, an institution Deemed to be University, through Distance Education Mode and through study centers which is not permissible as per the policy of the AICTE. Thus, such degree in Engineering awarded by JRN Rajasthan Vidyapeeth, an institution Deemed to be university, through distance mode is not valid.”

26. DEC having been dissolved in May 2013, we do not have its stand on record but the stand of MHRD in its affidavit is to the following effect:

“VII. I further submit that upto year 2007 Distance Education Council (DEC) used to give recognition to institution offering general courses in the distance mode but during that year, Distance Education Council (DEC) also started giving recognition to such institutions to conduct technical programmes under the distance mode. This was in contradiction to policy adopted by AICTE which makes it mandatory to conduct technical programmes through the regular (Conventional) mode of education. This created confusion amongst the stakeholders which gave unfair advantage to unscrupulous institutions conducting such courses in the distance mode. Accordingly, a Tripartite Committee of UGC-AICTE-DEC was constituted through an MOU in May, 2007 for a limited period of three years.

VIII. In the meantime, on 19.02.2008 a meeting of Secretary, Department of Higher Education, MHRD was held with the Heads of UGC, AICTE, IGNOU and Joint Secretary (DL) to discuss the issue of co-ordination and maintenance of standards in Higher Education through distance. In the said meeting, it was inter alia decided that the approvals should be granted to the courses and no to the institute. However, all those aforesaid arrangements did not live to the expectations.”

27. The stand taken by the Deemed to be Universities in their respective affidavits and the documents on record is as under:- A. JRN was founded in the year 1937, was conferred Deemed to be University status in January 1987 and is principally engaged in teaching and research in the field of adult and continuing education for working people. Following averments made in paragraphs 22 and 23 of its affidavit are noteworthy:-

“22. That after permission from DEC the University started the Distance Education programmes through its Study Centres as per the guidelines prescribed by the DEC and UGC. ON 26th October 2002 the Academic Council of the University took the decision to start the Engineering Courses (in all branches) amongst others through Distance Education Mode from academic year 2003 onwards.

23. The Faculty of Engineering and Technology of the University in the year 2003 when the University started it’s Engineering Courses through distance education mode. Since the University did not conduct any course through full time mode the University did not seek any approval from AICTE and the same was not mandatory in view of this Judgment of the Hon’ble Court in Bharathidasan’s case as well as provisions of the AICTE Act that does not envisage University seeking any approval from the AICTE to offer technical programs. Further as communicated it also did not consider Technical programs under distance education program mode for approval, which was later held to be contrary to national policy.” As regards, its activities in the field of technical education at its main campus, it is averred:-

“(i) The Institute of Management Studies has been granted approval by the AICTE for the Masters in Business Admission program (Full Time) from the year 1998-99 onwards and granted extension till current academic session.

(ii) The Department of Computer Science and Information Technology has been granted approval by the AICTE for conducting the Master in Computer Application (Full time) from the Academic Year 2003-04 onwards granted extension till current academic session.

(iii) The Faculty of Engineering and Technology has been granted approval by the AICTE for conducting the under graduate courses in Engineering and Technology [Electronics and Communication Engineering, Civil Engineering, Computer Science Engineering, Mechanical Engineering and Electrical Engineering] (Full time) from the Academic Year 2010-11 onwards and granted extension till current academic session.

(iv) The Rajasthan Vidyapeeth Technology College has been granted approval by the AICTE for conducting the Diploma in Engineering and Technology (Electronics and Communication Engineering, Civil Engineering, Computer Science & Engineering, Mechanical Engineering and Electrical Engineering) Master in Computer Application (Full time) from the Academic Year 2012-13 onwards and granted extension till current academic session.” After dealing with factual details leading to the ex-post-facto approvals by UGC and DEC, JRN submitted that no approval from AICTE was required for a Deemed to be University.

However despite order dated 26.04.2017 passed by this Court, nothing was placed on record as to what type of infrastructure is available with JRN and what was the methodology followed for monitoring standard of education imparted in its Study Centres. In response to queries from the Court, it was submitted across the bar that JRN was conducting distance education programmes through 660 Study Centres out of which four centres were being maintained and managed by JRN while 656 centres were autonomous institutions.

Though Study Centres would in turn employ demonstrators/lecturers, they were not on the payroll 75 of JRN but course material would be provided by JRN. Further, though Faculty in Engineering was set up in the year 2003 there was no regular Engineering College at the main campus of JRN and said Faculty received AICTE approval to conduct regular four year degree courses in Engineering only from the year 2010 and at Study Centres no regular four year degree courses in Engineering were being conducted but students having diplomas in engineering would be given lateral entry at second year level.

B. IASE submitted an application on 19.12.2002 with DEC for starting distance education programme, copy of which was also sent to UGC. According to IASE, since there was neither any denial nor any objection from these authorities, it started conducting B.Tech programmes through distance education mode in 2003. It is stated that IASE stopped B.Tech courses from the year 2005 through distance education mode though it continues to conduct diploma courses in engineering through distance mode. It is further stated that its regular Engineering College started functioning at main campus from 2005 after getting recognition from AICTE. Like JRN, IASE has also not placed on record any material regarding infrastructure and 76 methodology for monitoring standard of education in its Study Centres.

C. The stand of VMRF is that it conducts only diploma courses through distance education mode and it does not grant any degree in professional courses through distance education mode. It however submitted that it is on par with State Universities and therefore entitled to conduct distance education programmes across the Country.

28. Mr. C.A. Sundaram, learned Amicus Curiae submitted that the ex-post-facto approvals for their degree courses in Engineering were sought by JRN and IASE only in the year 2005 when they had already begun their courses two to three years earlier. No inspection of their facilities or infrastructure available at the site was conducted by any authority and the only inspection that was done was confined to checking the documents. Any approval granted without any inspection, satisfaction and recommendation of the AICTE was meaningless. According to him, even assuming that the principle laid down by this Court in Bharthidasan (supra) was to apply to Deemed to be Universities as well, the UGC guidelines themselves required the application to be in terms of specifications of AICTE and therefore even if one were to accept that satisfaction of AICTE was not required under the 77 AICTE Act, the UGC guidelines did contemplate the same.

In his submission, the Deemed to be Universities in question admitted students, conducted courses and granted degrees without any statutory approvals and in the teeth of numerous public notices. In the face of such blatant misuse, the grant of ex-post-facto approvals was not called for. In his note the learned Amicus Curiae submitted:- “The further issue that arises is as to whether in technical education and other specialized fields, the non-involvement of technical / specialized body is permissible or advisable. There is a difference between open distance learning in general fields and those in specialized fileds.

While in Bharathidasan (supra), this Court has held that the AICTE has no power of granting approvals to Universities, it nonetheless recognizes the significant role played by the AICTE as a recommendatory / advisory body. This would necessarily mean that before any approvals are given, AICTE recommendation for grant of such approval ought to be obtained. An approval granted without an inspection, satisfaction and recommendation of the AICTE is itself meaningless. Therefore, while the judgment in Bharathidasan (supra) has excluded the requirement of approvals from AICTE, the approval of a university or course cannot be granted without the recommendation and satisfaction of all relevant competent bodies.

In other words, in the case of distance learning education for general courses, the approval of UGC and IGNOU are required and in the case of specialized technical courses, the satisfaction and recommendation of AICTE or such other specialized body would be additionally called for.”

29. UGC in its Written Submissions submitted:-

a) 1985 UGC Regulations did not include education programmes in technical subjects leading to award of B.E. or B .Tech. degrees.

b) In Bharathidasan (supra), this Court was not concerned with the question of regulatory framework of Open Distance Learning. c) 2004 UGC Guidelines required submission of information whether the existing and proposed course curriculum was as per UGC/AICTE/DEC specifications and approval/accredited by concerned statutory council. Thus there was a specific role of AICTE in respect of technical courses through distance learning.

d) Taking advantage of Notification of MHRD dated 01.03.1995, the DEC started giving approvals without any proper mechanism in place and since its approvals were not getting recognized, it mooted the idea of ex-post-facto approval. But stand of UGC was clear in letter dated 12.05.2008 that approvals granted by DEC (including ex-post-facto) must be reviewed and approval be granted to the courses and not to the institute.

e) After 12.05.2008, neither the Joint Committee of UGC-AICTE-DEC nor UGC independently accorded any approval to JRN, IASE, VMRF and AAI for their distance learning programmes leading to the award of B.E./B. Tech. degrees.

f) In any case, letter dated 29.07.2009 of MHRD was clear that DEC should withdraw permissions granted for conducting 79 B.Tech/B.E. programmes through distance learning. This was followed by UGC letter dated 13.08.2009. The specific submission was:- “It is humbly submitted that so far as UGC is concerned, B.E./B.Tech. degrees awarded by institutions Deemed to be Universities through ODL mode without AICTE approval will not be treated as valid qualifications by the UGC.

The UGC has never given any ex-post-facto approval to the aforesaid institutions which are “deemed universities” including JRN Rajasthan Vidyapeeth, although the erstwhile DEC has given such approval to many universities/deemed universities including JRN Rajasthan Vidyapeeth. The ex-post-facto approval relied upon by the petitioner JRN Rajasthan were not unconditional but were subject to approval of relevant statutory bodies or councils [which can only mean bodies like AICTE and such other similar regulatory bodies] wherever necessary.”

30. In its written submissions, JRN submitted:

1) 1985 UGC Regulations applied and covered degrees in Engineering as well, since Engineering is an applied branch of science.

2) JRN was granted permission by DEC to commence distance education programmes on 26.09.2001 pursuant to its application dated 17.08.2001 and in its Hand-book issued in May, 2003 by DEC, JRN was included in the list along with details of courses offered by it.

3) It applied for ex-post-facto approval pursuant to DEC advertisement dated 03.03.2004, providing details of the Faculty of Engineering and other details as per proforma.

4) From 31.08.2005 to 2007 no fresh admissions were made in distance education.

5) UGC granted ex-post-facto approval of 03.07.2006 for students admitted between June 2001 to August, 2005 which decision was later ratified by the Joint Committee of UGC-AICTE-DEC and ex-post-facto approval was accorded on 29.08.2007.

6) In respect of academic session after 2007, provisional recognition was granted by DEC on 08.10.2008.

7) JRN did not take any admissions in Engineering Courses from 31.08.2009 till 11.10.2011 in view of letter dated 26.08.2009 issued by DEC.

8) It also referred to interim orders passed by High Court of Judicature at Rajasthan which are referred to hereinabove in respect of subsequent academic years.

9) JRN was declared to be a Deemed to be University for its experience and expertise in the field of admission and continuing education, and its expertise in a System of methodology of education/learning and not in a particular subject or discipline.

10) It commenced its courses in Engineering through distance education mode in the year 2003 for people who were already employed in technical fields and had previous technical qualifications but could not apply further due to various restraints.

11) It established Faculty of Engineering although there is no perquisite for a university to have a full time faculty in a particular subject to start its course through distance education mode and there were no circulars/notices issued by any statutory body prohibiting a University to offer distance education courses in Engineering stream.

12) A Deemed to be University is not confined to a state or region like university created by state legislatures and it can open Off-Centres/Campus Centres in any part of India with the approval of UGC. Similarly, Study Centres for distance education can be established and maintained or recognized in any part of India for the assistance of students enrolled in distance learning programmes.

13) It gave a list of 18 Deemed to be Universities having Off Campus Centres in various parts of the country including three such 82 Deemed to be Universities having Off Shore Campus outside the country. 14) It then referred to judgment of this Court in Bharathidasan (supra) in support of the submission that Universities do not require any approval from AICTE for conducting technical courses. It also relied upon the judgment of Madras High Court in Satyabama Institute of Science & Technology v. Union of India7 which held that Universities including Deemed to be Universities could start a department or commence new courses or programmes in technical education without approval of AICTE.

Reliance was also placed on the judgment of Delhi High Court in Sam Higginbottom Institute of Agriculture, Technology and Sciences v. University Grants Commission8 to the effect that there was no restriction on a Deemed to be University to start new course or department until UGC Regulations of 2010 were issued. Further reliance was placed on Association of Management of Private Colleges v. All India Council for Technical Education & Ors.9 to the effect that universities, its 7 2006 (3) MRJ 870 8 W.P. (C) 486/2015 decided on 4.12.2015 9 (2013) 8 SCC 271 83 colleges and institutes were exempted from seeking prior approval of AICTE.

31. Appearing for JRN, Dr. Rajeev Dhavan, learned Senior Advocate submitted that in terms of the decisions of this Court in Bharathidasan (supra) and Association of Management of Private Colleges (supra) no operational control could be exercised by AICTE over Universities including Deemed to be Universities. However some sort of cooperation was certainly envisaged in Bharathidasan (supra) which was purely in the nature of advisory role for AICTE. He further submitted that power of a Deemed to be University to start new courses was unlimited and a Deemed to be University would be bound by regulatory mechanism only in two ways:-

a. Its recognition as a Deemed to be University could be withdrawn if it was found to be not functioning within the limits, and b. Regular inspections in terms of statute could be undertaken by UGC though as a matter of fact these inspections never take place. According to him though there was no express empowerment under any statute enabling a Deemed to be University to initiate various courses and disciplines outside its area of excellence, there was no negative mandate either and as an extension of this principle a Deemed to be University could enter the field of distance education in any subject or discipline.

Mr. M.L. Verma, learned Senior Advocate appearing for IASE made his submissions on similar lines. Mr. Vikas Singh, Mr. Nidhesh Gupta, Mr. Jayant Bhushan and Mr. Sanjay Hegde, learned Senior Advocates and other learned Advocates led by Mr. Ashok Mahajan, learned Advocate, appearing for various candidates adopted the submissions of Dr. Dhavan and Mr. Verma. In their submissions, the concerned candidate-in-service diploma holders took admission to degree courses in Engineering and have successfully completed such courses and advanced in life. They submitted that in any view of the matter the degrees obtained by these candidates may not be nullified.

32. Mr. Raju Ramachandran, learned Senior Advocate appearing for OLIC reiterated the stand of OLIC that the degrees in Engineering obtained by concerned in-service diploma holders through distance education were invalid and as such no benefit ought to accrue to such candidates. Similar submission was advanced by Mr. V. K. Bali, learned Senior Advocate appearing for State of Punjab in matters arising from the decision of High Court of Punjab and Haryana.

33. Mr. Maninder Singh, learned Additional Solicitor General appearing for UGC submitted that inclusive definition of “University” in UGC Act was  in a completely different and limited context and the idea was essentially to recognize Deemed to be University for the purposes of funding and that such Deemed to be University is not a University for all purposes. In his submission, if such Deemed to be University is desirous of starting any technical course it ought to obtain express approval from AICTE. He also placed reliance on Section 23 to submit that a University established or incorporated by or under a Central Act, a Provincial Act or a State Act alone is entitled to have the word “University” associated with its name which again signified the distinction between a University established or incorporated under a legislation as against a Deemed to be University.

34. Thus, we are principally concerned in the present matters with questions regarding validity of degrees in Engineering awarded by the concerned Deemed to be Universities in two periods.

a) Where students were admitted during 2001 to 2005 in respect of which ex-post-facto approval was granted; and

b) In respect of students admitted by JRN during 2007-08, 2008-09 and from 2011-12 onwards.

The crucial facts as they emerge from the narration in the preceding paragraphs are:-

a) The concerned Deemed to be Universities namely AAI, JRN and IASE started distance education programmes leading to degrees in 86 Engineering, outside their field of specialization. Such programmes were started without taking any approval from UGC and/or AICTE and when there was no approved engineering college or faculty at their main campus.

b) Further, such programmes were being conducted in Study Centres, majority of which were not maintained and managed by the concerned Deemed to be Universities. The demonstrators/lecturers employed at such Study Centres were not on the payroll of and were not selected by such Deemed to be Universities.

c) Those Study Centres were not inspected at any stage, nor any facilities therein were assessed to see if they meet the standards prescribed for imparting courses in Engineering. Similarly, no authority had checked what kind of courses were being conducted nor was there any inspection at the time the examinations were said to have been conducted.

d) The Visiting Committee of DEC had visited the main campus of the concerned Deemed to be Universities and seen the record but not visited any Study Centres. No member or representative of AICTE was part of such Visiting Committee, the report of which 87 was simply endorsed by the Joint Committee of UGC-DEC-AICTE.

e) Under 1985 UGC Regulations, minimum of 180 actual teaching days in an academic year with 40 clock hours every week are required for courses leading to degrees of B.A./B.Sc./B.Com. Assuming that these Regulations apply to courses in Engineering, this requirement would be more pronounced and crucial when courses leading to award of degrees in Engineering are in issue. Such technological programmes by very nature require extensive practical training.

f) The application preferred by JRN for ex-post-facto approval shows that its Study Centres for programmes leading to degrees in Engineering were located in institutions which themselves were running independent courses. If 180 actual teaching days with 40 clock hours per week is the requirement which must be satisfied by those institutions for running their own courses, no scope is left for any outside institution such as JRN for using such facilities for imparting any courses in technical education. If the facilities were sufficient to justify the independent strength of those institutions, the additional burden caused by students of JRN could not possibly be accommodated.

g) The inspection to ensure maintenance of standards was specifically contemplated under the Notification of MHRD issued on 05.04.2006. Para 10 of the Memorandum of Undertaking dated 10.05.2007 also spoke of inspection for the purposes of continuation/withdrawal of approval. In the teeth of these Policy statements, the Joint Committee of AICTE-DEC-UGC endorsed its acceptance on 07.08.2007 without there being inspections at all.

h) Aforesaid aspects regarding complete absence of any inspection become crucial particularly when communications of DEC and UGC issued from time to time highlighted complaints regarding those Deemed to be Universities.

i) As far as second period is concerned, again no inspections, at any stage, were carried out. The provisional approval dated 03.09.2007 by DEC was completely mechanical and the assertion therein that DEC would not insist on territorial jurisdiction, was against the mandate of MHRD in its letter dated 29.07.2009 and of the decision in the ninth meeting of the Joint Committee of UGC- 89 DEC-AICTE. The consequent approval dated 13.11.2007 by UGC is equally mechanical and suffers from same infirmity.

j) Though decision was taken in the meeting held on 19.02.2008 to review cases of ex-post-facto approvals within a month, nothing was done. In fact, the first communication thereafter was three months after on 12.05.2008. It spoke nothing about review of ex-post-facto approval already granted. At this juncture, the logical exercise ought to have been to consider and assess the claim course-wise, cause inspections and see whether ex-post-facto approvals were rightly granted or not. However, that was not to be.

k) On the other hand, UGC in its meeting of 21.05.2008 went on to ratify the decision of the Chairman to accord approval. At the same time, in response to application dated 08.05.2008 by JRN, DEC went on to grant provisional recognition for the year 2008-09.

l) In spite of clear instructions by MHRD in its letter dated 29.07.2009 to withdraw permissions already given to conduct B.Tech/B.E. programmes through distance education and not to admit students for current year, no steps were undertaken to 90 implement those directions and withdraw permissions already given.

m) Even after dissolution of DEC and Public Notice dated 27.06.2013 issued by UGC that no Deemed to be University would be allowed to take courses through distance education, when JRN again applied to UGC for grant of approval, no reply was given by UGC; on which score JRN was able to get an interim order dated 26.11.2013 from the High Court. As a matter of fact in the face of Regulation 18 of 2010 UGC Regulations, such a request or application could never have been considered.

n) Similar is the case with regard to interim orders dated 17.12.2015 and 15.09.2016. Thus JRN could continue admitting standards despite aforementioned Policy statements, on the strength of interim orders. o) During this period, the High Court of Punjab and Haryana vide its decision dated 06.11.2012 had already held the degrees in Engineering awarded by Deemed to be Universities through distance education mode to be invalid. That decision was appealed against by students and IASE but not by JRN. In any case, the 91 Interim Order of this Court only protected concerned students whose degrees stood invalidated.

p) If interim orders dated 26.11.2013, 17.11.2015 and 15.09.2016 by one High Court could become a justification for continuing to conduct courses leading to degrees in Engineering through distance education mode across the country, the final declaration issued by another High Court on 06.11.2012 and the policy statements referred to earlier, had greater binding force.

q) On one hand it was being proclaimed by the concerned authorities in their public notices like 27.06.2008 and 27.06.2013 or policy statements such as 2010 UGC Guidelines that no Deemed to be University will be allowed to conduct courses in distance education mode, and on the other hand DEC kept granting provisional approval and UGC helped the concerned Deemed to be University by its total inaction.

35. In the backdrop of aforesaid facts, the learned Amicus Curiae is right in his submission that the ex-post facto approvals granted in the present matters were completely opposed to the policy statements governing the matters in issue. He is right that the concerned Deemed to be Universities admitted students, conducted courses and granted degrees in the absence of 92 statutory approvals. It is, however, the submission of Dr. Rajeev Dhavan, learned Senior Advocate that a Deemed to be University is entitled to start new courses in technical education (including through distance education mode) in terms of law laid down by this Court in Bharathidasan (supra) and that there was no bar or prohibition in any statute or statutory instrument when the Deemed to be Universities started the instant courses in distance education mode. According to him, the inspections could of course be undertaken by UGC in terms of the Statute and if no inspections, as a matter of fact were conducted, the Deemed to be Universities could not be at fault. The following questions, therefore, arise for our consideration.

A. Whether the concerned Deemed to be Universities in the present case, could start courses through distance education in subjects leading to award of degrees in Engineering –

a) Without any parameters or Guidelines having been laid down by AICTE for conduct of such courses in technical education through distance education mode.

b) Without prior approval under the AICTE Act. [ B. Whether DEC, on its own, was competent to grant permission to the concerned Deemed to be Universities to start such courses through distance education.

36. The definition of “Technical Education” in Section 2(g) of the AICTE Act shows that the emphasis is on the programmes of education, research and training in Engineering Technology in general and the idea is not limited to the institutions where such programmes of education, research and training are to be conducted or imparted.

However, the definition of “Technical Institution” in Section 2(h) leaves out an institution which is a University. The distinction between the broader concept of “Technical Education” and the limited scope of “Technical Institution” is clear from Section 10 of the AICTE Act where certain functions concern the broader facets or aspects of technical education which by very nature must apply to every single institution (whether university or not) where such courses are conducted or imparted. At the same time, certain functions are relatable to technical institutions alone, which by definition are not applicable to universities.

For example, Functions in sub-clauses (a), (b), (d), (e), (f), (l) and (n) are concerned with broader facets of technical education, while functions in Clauses (k), (m), (p) and (q) deal with matters concerning technical institutions and thus may not apply to universities, whereas there are certain functions as set out in Clauses (g) and (o) which apply to both “Technical Institutions” and “Universities” imparting technical education. Clauses (c), (d) and (f) of Section 10 deal with subjects, inter alia, coordination of the technical education in the country at all levels; promoting innovation, research, development, establishment of new technologies, generation, adoption and adaptation of new technologies to meet the developmental requirements; and promoting and effecting link between technical education and systems and other relevant systems.

AICTE is thus the sole repository of power to lay down parameters or qualitative norms for “technical education”. What should be course content, what subjects be taught and what should be the length and duration of the courses as well as the manner in which those courses be conducted is a part of the larger concept of “technical education”. Any idea or innovation in that field is also a part of the concept of “technical education” and must, as a matter of principle, be in the exclusive domain of AICTE.

37. In Bharathidasan (supra) the issue was whether a University established under a State Law, within its area of operation, was entitled to start courses in technical education as an adjunct to the University itself without any approval of AICTE. The requirement of grant of approval under Section 10(1)(k) of the AICTE Act being specific in respect of technical institutions alone, the conclusion was arrived at that the AICTE could not insist upon such grant of approval when a University wished to start courses in technical education as an adjunct to the University itself. The discussion 95 in Bharathidasan shows that this Court accepted the role of AICTE in laying down norms and standards in technical education system which is evident from following portions from paragraph Nos.10 and 16.

“10………………A careful scanning-through of the provisions of the AICTE Act and the provisions of the UGC Act in juxtaposition, will show that the role of AICTE vis-à-vis the universities is only advisory, recommendatory and a guiding factor and thereby subserves the cause of maintaining appropriate standards and qualitative norms and not as an authority empowered to issue and enforce any sanctions by itself, except submitting a report to UGC for appropriate action…………………. 16…………

We also place on record the statement of the learned Senior Counsel for the appellant, which, in our view, even otherwise is the correct position of law, that the challenge of the appellant with reference to the Regulation in question and claim of AICTE that the appellant University should seek and obtain prior approval of AICTE to start a department or commence a new course or programme in technical education does not mean that they have no obligation or duty to conform to the standards and norms laid down by AICTE for the purpose of ensuring coordinated and integrated development of technical education and maintenance of standards………….”

38. Technical education leading to the award of degrees in Engineering consists of imparting of lessons in theory as well as practicals. The practicals form the backbone of such education which is hands-on approach involving actual application of principles taught in theory under the watchful eyes of Demonstrators or Lecturers. Face to face imparting of knowledge in theory classes is to be reinforced in practical classes. The practicals, thus, constitute an integral part of the technical education system. If this established concept of imparting technical education as a qualitative norm is to be modified or altered and in a given case to be substituted by distance education learning, then as a concept the AICTE ought to have accepted it in clear terms.

What parameters ought to be satisfied if the regular course of imparting technical education is in any way to be modified or altered, is for AICTE alone to decide. The decision must be specific and unequivocal and cannot be inferred merely because of absence of any Guidelines in the matter. No such decision was ever expressed by AICTE.

On the other hand, it has always maintained that courses leading to degrees in Engineering cannot be undertaken through distance education mode. Whether that approach is correct or not is not the point in issue. For the present purposes, if according to AICTE such courses ought not to be taught in distance education mode, that is the final word and is binding – unless rectified in a manner known to law. Even National Policy on Education while emphasizing the need to have a flexible, pattern and programmes through distance education learning in technical and managerial education, laid down in Para 6.19 that AICTE will be responsible for planning, formulation and maintenance of norms and standards including maintenance of parity of certification and ensuring coordinated and integrated development of technical and management education.

In our view whether subjects leading to degrees in Engineering, could be taught in distance education mode or not is within the exclusive domain of the AICTE. The answer to the first limb of the first question posed by us is therefore clear that without the Guidelines having been issued in that behalf by AICTE expressly permitting degree courses in Engineering through distance education mode, the Deemed to be Universities were not justified in introducing such courses.

39. We now move to the second limb of the first question. Under 1994 AICTE, Regulations, “no courses or programmes shall be introduced by any Technical Institution, University including a Deemed University or University Department on College except with the approval of the Council”. Bharathidasan (supra) declared said Regulation to the extent it required a University to have approval for introducing any courses or programmes in technical education, to be bad. Same thought was amplified in Association of Management of Private Colleges (supra) to say that affiliated colleges of the University were entitled to the same protection. The question is, whether a Deemed to be University is also entitled to the same protection.

The matter can be considered under two categories:-

a. The first category could be of a Deemed to be University, which was conferred such status for its excellence in a field of 98 technological subject, is now desirous of introducing courses or programmes integrally connected with the area- in respect of which it was conferred Deemed to be University status. For example, an Engineering College which because of its excellence in the field was conferred Deemed University status, now wishes to introduce courses in subjects like Robotics or Nano Technology which are Engineering subjects and integrally connected with its own field of excellence.

b. The second category could be of a Deemed to be University which was conferred such status for its excellence in subjects which are completely un-related to the field in which new courses are sought to be introduced. For example an Institution engaged in teaching Fine Arts and Music, for its excellence in that chosen field- or for that matter an institution engaged in teaching Law had been conferred such status. Can such a Deemed to be University claim immunity from regulatory control of AICTE and say that it is entitled, as a matter of right, to introduce courses in Engineering on the strength of the decision of this Court in Bharathidasan.

We are concerned in the present cases with the second category of Deemed to be Universities. In the present cases, none of the Deemed to be Universities was conferred such status for its excellence in the field of Engineering. Their fields were completely un-related. As a matter of fact, JRN and IASE did not even have regular college or faculty for Engineering at its main campus. And yet, they started courses in Engineering through distance education mode without the approval of AICTE, relying on the dictum in Bharathidasan. According to Dr. Rajeev Dhavan, learned Senior Advocate, they were entitled as a matter of right to start such courses.

40. The affidavit of Dr. Ved Prakash as referred to hereinabove as well as the stand of UGC and the submissions made by Mr. Maninder Singh, learned Additional Solicitor General make it clear that such Deemed Universities in the second category mentioned above are not entitled, as a matter of right, to introduce courses leading to degrees in Engineering without the approval of AICTE. According to the submission of the learned Additional Solicitor General, the conferral of status is only because of excellence in a particular field or subject which then entitles the Deemed to be University to utilise its excellence to conduct research and achieve advancement in that field. However merely because such status was conferred on the concerned institution, in his submission, would not entitle it to similar protection in the second category cases, as available to a University by virtue of the decision of this Court in Bharathidasan (supra).

41. Paras 1 and 2 of Bharathidasan (supra) show that the University constituted under the State law had its area of operation over three Districts of Tamil Nadu and by virtue of such State law could provide among other things, instructions and training in such branches of learning as it may determine. The express grant or empowerment thus came from the State enactment to enter into any field of learning as it may determine and introduce new courses in that behalf. However the University would be bound by territorial restrictions, in that it could not go beyond the territory of three Districts over which it was given Jurisdiction.

But if we accept the submission of Dr. Rajeev Dhavan, learned Senior Advocate, there would be no such territorial restrictions on a Deemed University and it could open new departments, introduce new courses in any field anywhere in the Country. By way of illustration, we can consider the case of a private institution affiliated to a University such as Bharathidasan University, which after some length of time is conferred Deemed to be University status for excellence achieved by such private institution, say in the field of adult education. If we accept the submission of Dr. Dhavan, upon such conferral of Status as Deemed to be University, this originally affiliated private institution can now introduce any courses in technical education anywhere in 101 the Country but the original University would be bound by territorial restriction.

42. The grant or empowerment in Bharathidasan (supra) in favour of the University in question came from the State enactment which was its Charter. There is no such Charter or grant in favour of a Deemed to be University under any provision of the UGC Act. All that the UGC Act does is to confer Deemed to be University status on an Institution which has achieved excellence in its chosen field so that its development in the concerned field and its attempts to attain excellence and conduct research are not hampered on any count and at the same time it could be extended the facilities of Aid. It is precisely for this that the distinction between a regular University established under a Central Act, a Provincial Act or a State Act and an Institution Deemed to be University is maintained in the UGC Act.

A Deemed to be University can certainly award degrees but cannot use the word “University” by virtue of Section 23 of the UGC Act. Even after conferral of such status it still continues to be “an Institution Deemed to be University” and if it is equated with a University in every sense of the term it would lead to incoherent and incongruous results, in that its area of operation or the field of its activity would be completely unlimited and unregulated. In our view that is certainly not the intent of the UGC Act.

43. Conceptually there is some difference between the status of a University established under a State law and that of a Deemed to be University. Normally, a University is established with an idea that particular areas or districts of the State need to be catered to. Such University is expected to satisfy the needs or aspirations of people in the area for education and correspondingly empowered to initiate new courses, keeping in tune with the needs of time. The expectations from a Deemed to be University are of a different dimension. What is expected is excellence, research and advancement in its chosen field for which such status was accorded. There is no embargo on such Deemed to be University in entering new areas of education or introducing new courses but in that case, it can’t demand or receive complete relaxation from regulatory regime.

It must satisfy all those requirements which a normal institution is required to. The stand taken by the UGC in the affidavit of Dr. Ved Prakash, as well as its submissions in our view, are correct and we reject the submission of Dr. Dhavan. The logical conclusion is that a Deemed to be University in the second category mentioned hereinabove is still an institution of the stature of a “technical institution” and if it desires to introduce new courses it must fulfill the requirements of 1994 AICTE Regulations. A Deemed to be University which has achieved excellence in a particular field may be  given deferential treatment but nonetheless it has to satisfy the requirements for new technical institution.

Pertinently, both JRN and IASE, while establishing their faculty or colleges in engineering at their main Campus sought approvals from AICTE. Further, even for introducing courses in management which come under the definition of technical education under the AICTE Act, appropriate permissions were sought from AICTE. We therefore conclude that the Deemed to be Universities in the present case were required to abide by the provisions of 1994 AICTE Regulations and could not introduce courses leading to award of degrees in Engineering without the approval of AICTE. 1994 AICTE Regulations or any subsequent Regulations will have to be understood in the light of our decision.

44. Para 3 of the notification dated 22.11.1991 which constituted DEC shows that there was no representation for any Member or representative of AICTE. The provisions of IGNOU Act show that the Study Centres as defined in the IGNOU Act are that of IGNOU and not of any other University or Institution. The concept of distance education under sub-clause (v) of Section 5 is also in relation to the academic programmes of IGNOU. It undoubtedly has powers under Clauses (vii), (xiii) and (xxiii) to cooperate with other Universities but the IGNOU Act nowhere entitles 104 IGNOU to be the Controlling Authority of the entire field of distance education of learning across the Country and in relation to programmes of other Universities or Institutions as well.

The Order dated 29.12.2012 issued by MHRD therefore correctly appreciated that DEC created under statute 28 of IGNOU Act could not act as a regulator for other Universities. In any event of the matter, the policy Guidelines issued from time to time made it abundantly clear that DEC alone was not entitled to grant permission for open distance learning and appropriate permissions from the requisite authorities were always required and insisted upon. Despite such policy statements, DEC went on granting permissions without even consulting AICTE. Such exercise on part of DEC was completely without jurisdiction.

45. It was laid down by this Court in Annamalai University v. Secretary to Government, Information and Tourism Department and Others10 that no relaxation could be granted in regard to the basic things necessary for conferment for a degree and if a mandatory provision is not complied with by an administrative authority, the action would be void. This leads us to conclude that the permissions granted by DEC in the first instance allowing the Deemed to be Universities in question to introduce courses leading to the award of degrees in engineering were illegal and opposed to Law. The 10 (2009) 4 SCC 590 105 illegality in the exercise of power was to such an extent that it could not be cured by ex post facto approvals granted later. We have also seen that the exercise of grant of ex post facto approvals, as a matter of fact, was only superficial and perfunctory.

Such exercise was done in the face of declared policy statements governing the field and even when specific complaints were received about concerned Deemed to be Universities. Yet, without causing any inspection such power was exercised which part is already dealt with and the exercise of power has been found by us to be suffering from illegality and infirmity. The only thing in favour of the concerned Deemed to be Universities is the fact that the Joint Committee of UGC – AICTE – DEC had endorsed the decision though such exercise was also completely flawed. That exercise was against Para 10 of the MoU dated 10.05.2007, which contemplated causing of inspections and the decision dated 11.05.2007 of the Joint Committee itself that for an Institution/University to offer distance education programmes it was mandatory to offer the same in face to face mode.

46. Having found the entire exercise of grant of ex-post-facto approval to be incorrect and illegal, the logical course in normal circumstances would have been not only to set aside such ex-post-facto approvals but also to pass consequential directions to recall all the degrees granted in pursuance 106 thereof in respect of Courses leading to award of degrees in Engineering. However, since 2004 UGC Guidelines themselves had given liberty to the concerned Deemed to be Universities to apply for ex-post-facto approval, the matter is required to be considered with some sympathy so that interest of those students who were enrolled during the academic sessions 2001-2005 is protected.

Though we cannot wish away the fact that the concerned Deemed to be Universities flagrantly violated and entered into areas where they had no experience and started conducting courses through distance education system illegally, the over bearing interest of the concerned students persuades us not to resort to recall of all the degrees in Engineering granted in pursuance of said ex-post-facto approval. However, the fact remains that the facilities available at the concerned Study Centres were never checked nor any inspections were conducted. It is not possible at this length of time to order any inspection.

But there must be confidence and assurance about the worthiness of the concerned students. We, therefore, deem it appropriate to grant some chance to the concerned students to have their ability tested by authorities competent in that behalf. We, therefore, direct that all the degrees in Engineering granted to students who were enrolled during the academic years 2001 to 2005 shall stand suspended till they pass such examination under the joint supervision of AICTE-UGC in 107 the manner indicated hereinafter. Further, every single advantage on the basis of that degree shall also stand suspended.

47. The AICTE is directed to devise within one month from the date of this judgment modalities to conduct appropriate test/tests both in written examination as well as in practicals for the concerned students admitted during the academic sessions 2001-2005 covering all the concerned subjects. It is entirely left to the discretion of AICTE to come out with such modalities as it may think appropriate and the tests in that behalf shall be conducted in the National Institutes of Technology in respective States wherever the students are located.

The choice may be given to the students to appear at the examination which ideally should be conducted during May-June, 2018 or on such dates as AICTE may determine. Not more than two chances be given to the concerned students and if they do not pass the test/tests their degrees shall stand recalled and cancelled. If a particular student does not wish to appear in the test/tests, the entire money deposited by such student towards tuition and other charges shall be refunded to that student by the concerned Deemed to be University within a month of the exercise of such option.

The students be given time till 15th of January, 2018 to exercise such option. The entire expenditure for conducting the test/tests in respect of students who wish to undergo test/tests shall be recovered from 108 the concerned Deemed to be Universities by 31.03.2018. If they clear the test/tests within the stipulated time, all the advantages or benefits shall be restored to the concerned candidates. We make it clear at the cost of repetition that if the concerned candidates do not clear the test/tests within the time stipulated or choose not to appear at the test/tests, their degrees in Engineering through distance education shall stand recalled and cancelled. It goes without saying that any promotion or advancement in career on the basis of such degree shall also stand withdrawn, however any monetary benefits or advantages in that behalf shall not be recovered from them.

48. As regards the students who were admitted after the ex-post-facto approval granted in favour of such Deemed to be Universities, in our view, there was no sanction whatsoever for their admission. The Policy Statements as well as warnings issued from time to time were absolutely clear. The students were admitted on the strength either provisional recognition or on the strength of interim orders passed by the High Court. We therefore, declare that in respect of students admitted after the academic sessions of 2001-2005, the degrees in Engineering awarded by the concerned Deemed to be Universities through Distance Education Mode shall stand recalled and be treated as cancelled. Any benefit which a candidate has secured as a result of such degrees in Engineering in the nature of promotion  or advancement in career shall also stand recalled. However, if any monetary benefit was derived by such candidates that monetary benefit or advantage will not be recovered by the concerned departments or employers.

We, further direct that the entire amount paid by such students to the concerned Deemed to be Universities towards tuition fee and all other expenditure for such courses through distance education learning shall be returned by the concerned Deemed to be Universities to the respective students. This direction shall be complied with by the concerned Deemed to be Universities scrupulously and the amounts shall be returned by 31st of May, 2018 and an appropriate affidavit to that extent shall be filed with UGC within a week thereafter.

49. The factual narration mentioned hereinabove makes certain things distinctly clear. The affidavit of Mr. Ved Prakash discloses how permissions were granted to introduce courses in the present cases without any authority. On one hand, the authorities were proclaiming their policy statements and on the other, despite there being complaints, they went about granting permissions. Their conduct and approach is difficult to explain on any rational basis and leaves much to be desired. We are, prima facie of the view that the conduct of the concerned officials needs to be looked into and investigated whether the exercise of power by them was completely genuine 110 or colourable. We do not express any final opinion in that behalf but direct the CBI to carry out thorough investigation into the matter and to take appropriate steps after culmination thereof.

50. The record further shows that time and again warnings were issued to the concerned Deemed to be Universities. Dr. Rajeev Dhavan, learned Senior Advocate is right in his submission that if a Deemed to be University is not to be found functioning within the limits, its recognition as Deemed to be University could be withdrawn. In our view, the concerned Deemed to be Universities had gone far beyond their limits and to say the least, had violated binding policy statements. Even when they did not have any experience in the concerned field and had no regular faculty or college in Engineering, they kept admitting students through distance education mode.

When there was nothing at the core, the expansion was carried at the tertiary levels in brazen violation. The idea was not to achieve excellence in the field but the attempts appear to be guided by pure commercial angle. We therefore, direct the UGC to consider whether the Deemed to be University status enjoyed by the concerned institutions, namely, JRN, AAI, IASE and VMRF calls for any such withdrawal and conduct an inquiry in that behalf. If the concerned Deemed to be Universities fail to return the moneys to the 111 concerned students as directed above, that factor shall also be taken into account while conducting such exercise.

51. We must also put on record what we have observed during the course of the hearing and consideration of the present matters. It has come to our notice that many institutions which are conferred the status of Deemed to be Universities are using the word “University”, which in our view is opposed to the spirit of Section 23 of the UGC Act. The UGC shall take appropriate steps to stop such practice.

52. The present case shows the extent of commercialization of education by some of the Deemed Universities. The commercialization of education seriously affects creditability of standards in education, eroding power and essence of knowledge and seriously affecting excellence and merit. The present case further displays lack of effective oversight and regulatory mechanism for the Deemed to be Universities. The UGC had completely failed to remedy the situation. Serious question has therefore arisen as to the manning of the UGC itself for its effective working.

We have already found that facilities at Study Centres were never checked nor any inspections were carried out which has led us to direct suspension of degrees for the students enrolled during academic sessions 2001-2005 and 112 annulment of degrees of students admitted after academic sessions of 2001-2005. We have also found that there was complete and flagrant violation of norms and policies laid down by the authorities by the Deemed to be Universities. AICTE had been illegally kept out. Thus, interest of justice requires that the following issues also need to be addressed:

(i) Action for failure of system, inter alia, on account of misconduct of some of the functionaries who failed to uphold the law and granted approvals contrary to the policy and the rules;

(ii) Manning of the UGC;

(iii) Appropriate oversight and regulatory mechanism especially for distance education degrees especially those relating to technical education by the Deemed to be Universities in future;

(iv) Review of the Deemed to be Universities status granted to the Deemed to be Universities in the past in the light of this Judgment and in the light of their working; and The above issues need immediate steps to be taken by the Union of India. Review of oversight and regulatory mechanism is of utmost priority for the future of technical and professional education at the hands of Deemed Universities. In this regard, we may note the observations of the Constitution Bench of this Court in Modern Dental College and Research Centre and others v. State of Madhya Pradesh and others11 highlighting need for review of regulatory mechanism for medical admissions and profession. We also note the observations in Mahipal Singh Rana, Advocate v. State of Uttar Pradesh12 with regard to legal profession.


53. Accordingly we direct:

I 1994 AICTE Regulations, do apply to Deemed to be Universities and the Deemed to be Universities in the present matter were not justified in introducing any new courses in Technical Education without the approval of AICTE.

II Insofar as candidates enrolled during the Academic Sessions 2001-2005, in the present case the ex post facto approvals granted by UGC and their concerned authorities are set aside.

III Consequent to aforesaid direction No.II, all the degrees in Engineering awarded by concerned Deemed to be Universities stand suspended.

IV The AICTE shall devise the modalities to conduct an appropriate test/tests as indicated in Para 47 above. The option be given to the concerned students whose degrees stand suspended by 15.01.2018 to appear at the test/tests to be conducted in accordance with the directions in Para 47 above. Students be given not more than two chances to clear test/tests and if they do not successfully clear the test/tests within the stipulated time, their degrees shall stand cancelled and all the advantages shall stand withdrawn as stated in Paras 46 and 47 above. The entire expenditure for conducting the test/tests shall be recovered from the concerned Deemed to be Universities by 31.03.2018.

V Those students who do not wish to exercise the option, shall be refunded entire money deposited by them towards tuition fee and other charges within one month of the exercise of such option. Needless to say their degrees shall stand cancelled and all advantages/benefits shall stand withdrawn as mentioned in Para 47.

VI If the students clear the test/tests within the stipulated time, all the advantages/benefits shall be restored to them and their degrees will stand revived fully.

VII As regards students who were admitted after the Academic Sessions 2001-2005, their degrees in Engineering awarded by the concerned Deemed to be Universities through distance education mode stand recalled and be treated as cancelled. All benefits secured by such candidates shall stand withdrawn as indicated in Para 48 above. However, the entire amount paid by such students to the concerned Deemed to be Universities towards tuition fees and other expenditure shall be returned by the concerned Deemed to be Universities by 31.05.2018, as indicated in Para 48.

VIII By 31.05.2018 all the concerned Deemed to be Universities shall refund the sums indicated above in VII and an appropriate affidavit to that extent shall be filed with UGC within a week thereafter.

IX We direct the CBI to carry out thorough investigation into the conduct of the concerned officials who dealt with the matters and went about the granting permissions against the policy statement, as indicated in Para 49 above and into the conduct of institutions who abused their position to advance their commercial interest illegally. 116 Appropriate steps can thereafter be taken after culmination of such investigation.

X The UGC shall also consider whether the Deemed to be University status enjoyed by JRN, AAI, IASE and VMRF calls for any withdrawal and conduct an inquiry in that behalf by 30.06.2018 as indicated above. If the moneys, as directed above are not refunded to the concerned students that factor shall be taken into account while conducting such exercise.

XI We restrain all Deemed to be Universities to carry on any courses in distance education mode from the Academic Session 2018-2019 onwards unless and until it is permissible to conduct such courses in distance education mode and specific permissions are granted by the concerned statutory/regulatory authorities in respect of each of those courses and unless the off-campus Centres/Study Centres are individually inspected and found adequate by the concerned Statutory Authorities. The approvals have to be course specific.

XII The UGC is further directed to take appropriate steps and implement Section 23 of the UGC Act and restrain Deemed to be 117 Universities from using the word ‘University’ within one month from today.

XIII The Union of India may constitute a three members Committee comprising of eminent persons who have held high positions in the field of education, investigation, administration or law at national level within one month. The Committee may examine the issues indicated above and suggest a road map for strengthening and setting up of oversight and regulatory mechanism in the relevant field of higher education and allied issues within six months. The Committee may also suggest oversight mechanism to regulate the Deemed to be Universities. The Union of India may examine the said report and take such action as may be considered appropriate within one month thereafter and file an affidavit in this Court of the action taken on or before August 31, 2018. The matter shall be placed for consideration of this aspect on 11.09.2018.

54. Before we part, we express our sincere appreciation for the efforts put in by Mr. C.A. Sundaram, learned Amicus Curiae. We are extremely grateful for the assistance rendered by him. We are also thankful for the assistance given by all the learned counsel.

55. We thus accept the view taken by the High Court of Punjab and Haryana at Chandigarh and set aside the decision of the High Court of Orissa. With the aforementioned observations, appeals are disposed of. No order as to costs. No orders are called for in Contempt Petition Nos.194-197/2016 which stands disposed of.


[Civil Appeal Nos. 17871-17872 /2017 arising out of Special Leave Petition (C) Nos.19851-19852/2012] [Civil Appeal Nos. 17899-17900 /2017 arising out of Special Leave Petition (C) Nos.19848-19849/2012] [Civil Appeal Nos. 17897-17898 /2017 arising out of Special Leave Petition (C) Nos.19842-19843/2012] [Civil Appeal Nos. 17895-17896 /2017 arising out of Special Leave Petition (C) Nos.19844-19845/2012] [Civil Appeal Nos. 17879-17880 /2017 arising out of Special Leave Petition (C) Nos.19824-19825/2012] [Civil Appeal Nos. 17885-17886 /2017 arising out of Special Leave Petition (C) Nos.19828-19829/2012] [Civil Appeal Nos. 17881-17882 /2017 arising out of Special Leave Petition (C) Nos.19814-19815 /2012] [Civil Appeal Nos. 17883-17884 /2017 arising out of Special Leave Petition (C) Nos.19830-19831/2012] [Civil Appeal Nos. 17893-17894 /2017 arising out of Special Leave Petition (C) Nos.19840-19841/2012] [Civil Appeal Nos. 17877-17878 /2017 arising out of Special Leave Petition (C) Nos.19826-19827/2012] [Civil Appeal Nos. 17889-91780 /2017 arising out of Special Leave Petition (C) Nos.19838-19839/2012] [Civil Appeal Nos. 17875-17876 /2017 arising out of Special Leave Petition (C) Nos.19812-19813/2012] [Civil Appeal Nos. 17873-17874 /2017 arising out of Special Leave Petition (C) Nos.19820-19821/2012] [Civil Appeal Nos. 17887-17888 /2017 arising out of Special Leave Petition (C) Nos.19834-19835/2012] Civil Appeal Nos. 17891-17892 /2017 arising out of Special Leave Petition (C) Nos.19836-19837/2012] [Civil Appeal No. 17901 /2017 arising out of Special Leave Petition (C) No.14686/2014] [Civil Appeal Nos. 17902-17905 /2017 arising out of Special Leave Petition (C) Nos.35793-35796/2012)

Vijay Kumar And Others, Etc. Etc. Vs. Kartar Singh And Others, Etc. Etc.

[Civil Appeal No. 17906 /2017 arising out of Special Leave Petition (C) No.37028/2012] [Civil Appeal No. 17907 /2017 arising out of Special Leave Petition (C) No.37957/2012] [Civil Appeal No. 17908 /2017 arising out of Special Leave Petition (C) No.38211/2012] [Civil Appeal No. 17910 /2017 arising out of Special Leave Petition (C) No.38230/2012] [Civil Appeal No. 17909 /2017 arising out of Special Leave Petition (C) No. 38220/2012] [Civil Appeal No. 17912 /2017 arising out of Special Leave Petition (C) No.38846/2012] [Civil Appeal No. 17911 /2017 arising out of Special Leave Petition (C) No.38458/2012] [Civil Appeal No. 17913 /2017 arising out of Special Leave Petition (C) No.4108/2013] [Civil Appeal No. 17915 /2017 arising out of Special Leave Petition (C) No.9495/2013] [Civil Appeal Nos. 17916-17917 /2017 arising out of Special Leave Petition (C) Nos.11793-11794/2013] [Civil Appeal No. 17918 /2017 arising out of Special Leave Petition (C) No.11799/2013] [Civil Appeal No. 17914 /2017 arising out of Special Leave Petition (C) No.12244/2013] [Civil Appeal No. 17921 /2017 arising out of Special Leave Petition (C) No.17004/2013] [Civil Appeal No. 17920 /2017 arising out of Special Leave Petition (C) No.17005/2013) [Civil Appeal No. 17919 /2017 arising out of Special Leave Petition (C) No.17003/2013] [Civil Appeal Nos. 17926-17950 /2017 arising out of Special Leave Petition (C) Nos.20658-20682/2013] [Civil Appeal No. 17922 /2017 arising out of Special Leave Petition (C) No.15283/2013] [Civil Appeal No. 17923 /2017 arising out of Special Leave Petition (C) No.15329/2013] [Civil Appeal No. 17924 /2017 arising out of Special Leave Petition (C) No.17006/2013] [Civil Appeal No. 17925 /2017 arising out of Special Leave Petition (C) No.14933/2013] [Civil Appeal No. 17951 /2017 arising out of Special Leave Petition (C) No.36487/2013] [Civil Appeal No. 17952 /2017 arising out of Special Leave Petition (C) No.914/2014] [Civil Appeal Nos. 17953-17960 /2017 arising out of Special Leave Petition (C) Nos.31487-31494/2014]


The Academy Of Scientific And Innovative Research Act, 2011

Keywords:-Institution of national importance

Parliament

The Academy Of Scientific And Innovative Research Act, 2011

NO. 13 OF 2012

1473


[6th February, 2012.]

An Act to establish an Academy for furtherance of the advancement of learning and prosecution of research in the field of science and technology in association with Council of Scientific and Industrial Research and to declare the institution known as the Academy of Scientific and Innovative Research, to be an institution of national importance to provide for its incorporation and matters connected therewith or incidental thereto.

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

1. Short title, extent and commencement.-(1) This Act may be called the Academy of Scientific and Innovative Research Act, 2011.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.

2. Definitions.-In this Act, and in all Statutes and Ordinances made thereunder, unless the context otherwise requires,—

(a) “Academy” means the Academy of Scientific and Innovative Research established under sub-section (1) of section 3;

(b) “Board” means the Board of Governors of the Academy of Scientific and Innovative Research referred to in section 10;

(c) “Council of Scientific and Industrial Research” means a society registered by the name of the Council of Scientific and Industrial Research under the Societies Registration Act, 1860 (21 of 1860);

(d) “Chairperson” means the Chairperson of the Board appointed under section 12;

(e) “Chancellor” means the Chancellor of the Academy referred to in section 20;

(f) “Director” means the Director of the Academy appointed under section 22;

(g) “distinguished scientists” or “outstanding scientists” of the Council of Scientific and Industrial Research means scientists of the Council of Scientific and Industrial Research designated as such;

(h) “existing Academy” means the Academy of Scientific and Innovative Research established in pursuance of the Resolution of the Government of India in the Ministry of Science and Technology, Department of Scientific and Industrial Research, Council of Scientific and Industrial Research, vide No. 6/1/CSIRAcSIR/ 2010-PPD, dated the 1st July, 2010;

(i) “Faculty of the Academy” means Academy Professors, Professors of Eminence, Distinguished Professors, Outstanding Professors, Senior Professors, Emeritus Professors, Professors, Associate Professors, Assistant Professors, visiting faculty, and such other persons as may be appointed for imparting instruction or conducting research in the Academy or institutions maintained by the Academy and includes the scientists of Council of Scientific and Industrial Research assigned for imparting instruction or conducting research;

(j) “notification” means a notification published in the Official Gazette;

(k) “Statutes and Ordinances” means the Statutes and the Ordinances of the Academy for the time being in force.

3. Establishment of Academy of Scientific and Innovative Research.-(1) With effect from such date as the Central Government may, by notification, appoint in this behalf, there shall be established for the purposes of this Act an Academy to be called the “Academy of Scientific and Innovative Research” as a body corporate by such name.

(2) The headquarters of the Academy shall be at such place as the Central Government may, by notification, specify.

(3) The Academy may have such number of regional centres and campuses, as it may deem fit.

(4) The Academy shall have perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and shall by that name, sue and be sued.

4. Objects of Academy.-(1) The objects of the Academy shall be to —

(a) disseminate advanced knowledge in science and technology, by providing teaching and research facilities in such branches of learning as it may deem fit, particularly in emerging areas and such areas as may emerge in future;

(b) undertake inter-disciplinary studies and research;

(c) conduct courses in, and integrate into its courses, inter-disciplinary and multi-disciplinary areas covering natural sciences, life sciences, mathematical and computational sciences, medical sciences, engineering, applied art, humanities, social sciences, law relating to these areas and interfaces thereof;

(d) take appropriate measures for innovations in teaching and learning processes;

(e) create an ambience for learning and scholarship in advanced science and technology instead of exclusively focusing on marks or grades;

(f) educate and train manpower in scientific and technological fields;

(g) establish linkages with industries in India and outside India for the promotion of science and technology;

(h) collaborate, in appropriate areas in the field of science and technology, with reputed universities and institutions in India or outside India;

(i) promote research in science and technology having a bearing on social, economic, cultural, intellectual and academic welfare of the people.

(2) The Academy shall primarily focus on research and imparting instruction in such areas as are not ordinarily taught in regular academic universities in India.

(3) The curricula, pedagogy and evaluation of the Academy shall be innovative and directed towards creating highest quality personnel with cross-disciplinary knowledge, aiming to provide leaders in the field of science and technology.

5. Relationship of Academy with Council of Scientific and Industrial Research.– (1) The Academy shall be, provided, or, allowed to use, the infrastructure and scientific manpower of the Council of Scientific and Industrial Research for teaching and research purposes for mutual benefit.

(2) The Academy, within two weeks of the commencement of this Act, shall, notwithstanding anything contained in any other Act, rules, regulations or byelaws for the time being in force, enter into a Memorandum of Understanding with the Council of Scientific and Industrial Research, for the purposes of its affiliation with the Academy for the purposes of academics, teaching and award of degrees or diplomas, and, the persons pursuing the studies in the Council for award of any degree or diploma, after entering of such Memorandum of Understanding, be awarded degrees or diplomas by the said Academy: Provided that any person pursuing any academic or research course, before the commencement of this Act, in the Council of Scientific and Industrial Research for award of any degree or diploma and registered for the said purpose with any other university, may, with the approval of the university with which such person is registered, migrate after such commencement to the Academy established under this Act and be registered with the said Academy for grant of the same degree or diploma by the Academy established under this Act and such person shall be deemed to have migrated and registered with the Academy established under this Act at the same level of study in the university from which such person migrated.

(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed to affect the functions or powers of the Council of Scientific and Industrial Research, being discharged or exercised, before the commencement of this Act, by the Council or to affiliate with any other university or institution for the purposes of academics, teaching and award of degrees or diplomas or for any other purposes necessary for pursuing its objects.

6. Declaration of Academy as an institution of national importance.-It is hereby declared that the Academy of Scientific and Innovative Research shall be an institution of national importance.7. Transfer of assets, liabilities, etc., of existing Academy to Academy established under this Act and other provisions, etc.-(1) On and from the date of establishment of the Academy,—

(a) any reference to the existing Academy in any law other than this Act or in any contract or other instrument shall be deemed as a reference to the Academy;

(b) all properties and assets, movable and immovable, of, or belonging to, the existing Academy, shall vest in the Academy;

(c) all rights and liabilities of the existing Academy shall be transferred to, and be the rights and liabilities of, the Academy;

(d) without prejudice to the provisions of clause (c), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the existing Academy immediately before that date, for or in connection with the purpose of the said existing Academy shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the Academy;

(e) all sums of money due to the existing Academy immediately before that date shall be deemed to be due to the Academy;

(f) all suits and other legal proceedings instituted or which could have been instituted by or against the existing Academy immediately before that date may be continued or may be instituted by or against the Academy;

(g) every employee (including those appointed for imparting instruction or conducting research in the existing Academy) holding any office under the existing Academy or teaching therein immediately before that date shall hold his office in the Academy or continue teaching therein by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such office if the Academy had not been established and shall continue to do so as an employee of the Academy or until the expiry of the period of six months from that date if such employee opts not to be the employee of the Academy within such period.

(2) Any person pursuing any academic or research course, before the commencement of this Act, in the existing Academy for award of any degree or diploma or certificate shall be entitled to pursue such academic or research course after the establishment of the Academy under this Act and be registered with the said Academy for grant of the same degree or diploma or certificate by the Academy established under this Act and such person shall be deemed to have migrated and registered with the Academy established under this Act at the same level of study in the existing Academy from which such person migrated.

(3) Any person, who immediately before the commencement of this Act, had been awarded a degree or diploma or certificate for having qualified any course by the existing Academy, shall be entitled to award of equivalent degree or diploma by the Academy subject to approval by the Board of the Academy.

(4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or in any other law for the time being in force, absorption of any employee by the Academy in its regular service under this section shall not entitle such employee to any compensation under that Act or other law and no such claim shall be entertained by any court, tribunal or other authority.

8. Functions and powers of Academy.-(1) The Academy shall discharge its functions and exercise the following powers, namely:—

(i) to provide for instructions and conduct research in such branches of learning like natural sciences, life sciences, mathematical and computational sciences, medical sciences, engineering, applied art, humanities, social sciences, law relating to these areas and interfaces thereof, and in particular, in inter-disciplinary and multi-disciplinary areas of these branches, and in all such areas as may emerge in future and other emerging areas of knowledge, as the Academy may from time to time determine and make provision for advancement and dissemination of knowledge;

(ii) to lay administrative standards and structures and decide on all matters of creation of posts, laying down standards for recruitment, determining compensation packages, and contractual arrangements;

(iii) to design its curriculum and pedagogy for award of diplomas or certificates and confer degrees or other academic distinctions as it may deem fit;

(iv) to grant, subject to such conditions as the Academy may determine, diplomas or certificates and confer degrees or other academic distinctions on the basis of such methods of evaluation and to hold its examinations, as the Academy may, from time to time, determine and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;

(v) to frame Statutes and Ordinances and to alter, modify or rescind the same;

(vi) to organise and undertake extramural studies, training and extension services;

(vii) to confer honorary degrees or other distinctions;

(viii) to provide distance education in such branches of learning and to such persons as it may determine;

(ix) to institute professorships, associate professorships and assistant professorships including Academy Professors, Professors of Eminence, Distinguished Professors, Outstanding Professors, Senior Professors, Emeritus Professors, or visiting positions and other teaching or academic or other positions, required by the Academy and to make appointments to such positions;

(x) to appoint persons from any other university, or institution, or industry, or persons of eminence from appropriate fields of studies, including those outside the country, as Faculty of the Academy;

(xi) to create administrative, ministerial and other posts and to make appointments thereto;

(xii) to co-operate or collaborate or associate with any body including, any university or institution, or industry, located in India or outside India;

(xiii) to establish such centres and specialised laboratories or other units for research and instruction as may be required;

(xiv) to set up schools, centres and campuses and function therefrom or conduct classes from any place of its choice, including the premises of laboratories or other centres of the Council of Scientific and Industrial Research;

(xv) to institute and award fellowships, scholarships, studentships, medals and prizes;

(xvi) to conduct research, advisory and consultancy services with or for any entity, public or private, whether in India or outside India, which are in conformity with the spirit and object of the Academy;

(xvii) to engage scientists of the Council of Scientific and Industrial Research as Faculty in imparting instruction and conducting research in the Academy;

(xviii) to establish, maintain and manage institutions and hostels for residence of students or establish and maintain such institutions through the Council of Scientific and Industrial Research or any other body;

(xix) to fix, demand and receive payment of fees and other charges;

(xx) to determine the standards of admission to the Academy, which may include examination, other innovative models of testing or evaluation;

(xxi) to supervise the residences of the students of the Academy and to make arrangements for promoting their health, general welfare, cultural and corporate life;

(xxii) to lay down conditions of service for all categories of employees, including their code of conduct;

(xxiii) to regulate and enforce discipline, among the students and employees and to take such disciplinary measures in this regard as may be necessary;

(xxiv) to make arrangements for promoting the health and general welfare of the employees;

(xxv) to receive grants, benefactions, donations, gifts, bequests and transfer or acquire, hold and manage and dispose of any property movable or immovable, including trust and endowment properties for the purposes of the Academy: Provided that no such grants, benefactions, donations, gifts, bequests and transfer shall be accepted by the Academy which in the opinion of the Board involves conditions or obligations opposed to the spirit and object of this Act;

(xxvi) to borrow, on the security of property of the Academy or otherwise, money for the purposes of the Academy or utilise its property for such purposes as are in conformity with the spirit and object of this Act;

(xxvii) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.

(2) In exercising its powers referred to in sub-section (1), it shall be the endeavour of the Academy to maintain an all India character and high standards of teaching and research, and, the Academy shall, among other measures which may be necessary for the said purpose, take, in particular, the following measures, namely:—

(i) subject to the provisions of section 9, the admission of students shall be made on merit;

(ii) continuous evaluation or other innovative methods of evaluation and choice based credit system may be introduced and the Academy may enter into agreements with other universities and academic institutions in India or outside India for credit transfer and joint degree programmes;

(iii) innovative courses and programmes of studies shall be introduced with a provision for periodic review and restructuring;

(iv) the imparting of instruction shall be, as far as may be, through use of modern techniques or technologies;

(v) the systems and structures of the Academy should be flexible to adapt to the requirements of multi-disciplinary and inter-disciplinary studies;

(vi) active participation of students may be ensured in governance of academic matters of the Academy.

9. Academy open to all castes, creed, race or class.-(1) The Academy shall be open to all persons, of either sex, irrespective of caste, creed, race or class, and it shall not be lawful for the Academy to adopt or impose on any person, any test whatsoever of religious belief or profession in order to be entitled to be appointed as a Faculty of the Academy or to hold any other office therein, or to be employed therein or to be admitted as a student in the Academy or to graduate thereat or to enjoy or exercise any privilege thereof.

(2) The Academy shall make special provision for the employment or admission of women, persons with disabilities or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes, the Scheduled Tribes and the other socially and educationally backward classes of citizens and any exemption from making such reservation under the proviso to clause (b) of section 4 of the Central Educational Institutions (Reservation in Admission) Act, 2006 (5 of 2007) shall not be applicable to the Academy:

Provided that no such special provision shall be made on the ground of domicile.

10. Authorities of Academy.-The following shall be the authorities of the Academy, namely:—

(a) The Board;

(b) Senate;

(c) Director;

(d) Boards of Studies;

(e) such other authorities as may be declared by the Statutes to be the authorities of the Academy.

11. Composition of Board of Governors.-(1) The Board referred to in clause (a) of section 10 shall consist of the following, namely:—

(a) the Chairperson of the Board, to be appointed under section 12;

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

(c) the President of the Indian National Science Academy, ex officio member;

(d) the Chairman, Atomic Energy Commission, Government of India, ex officio member;

(e) the Chairman, Space Commission, Government of India, ex officio member;

(f) the Chairman, University Grants Commission, Government of India, ex officio member;

(g) the Finance Secretary in the Ministry of Finance, Government of India, ex officio member;

(h) the heads of three premier institutions in the field of imparting education in Science members to be and Technology, nominated under section 13;

(i) four distinguished scientists or academicians of global eminence, of which two should be from reputed institutions members to be outside India, nominated under section 13;

(j) three eminent industrialists or members to be technologists, nominated under section 13;

(k) four distinguished scientists or outstanding scientists or Directors of laboratories of Council of Scientific members to be and Industrial Research, nominated under section 14;

(l) the Director of the Academy, ex officio member.

(2) The Chairperson shall ordinarily preside over the meetings of the Board.(3) The Board may evolve its own procedure for the purpose of conducting its meetings and transacting business therein.(4) The Associate Director in charge of administration of the Academy shall be the Secretary of the Board.

12. Appointment of Chairperson.-(1) The Chairperson shall be appointed by the President of the Council of Scientific and Industrial Research, on the recommendation of the selection committee constituted under sub-section (2):

Provided that the Director-General of the Council of Scientific and Industrial Research, being the ex officio Vice-Chairperson , as referred to in clause (b) of sub-section (1) of section 11, shall act as the Chairperson until the first Chairperson is selected and appointed in accordance with the provisions of this Act:

Provided further that no person shall be selected and appointed as Chairperson unless such person is an Indian citizen.

(2) The selection committee referred to in sub-section (1) shall consist of four eminent scientists or technologists of international repute, as may be nominated by the President of the Council of Scientific and Industrial Research.

(3) At least two eminent scientists or technologists of international repute nominated under sub-section (2) shall be from the heads of international societies, academies, or similar organisations in the field of science and technology.

(4) The selection committee referred to in sub-section (2) shall—

(a) be constituted within six months before the completion of tenure of the incumbent as the Chairperson of the Board;

(b) submit its recommendation at least three months before the completion of the tenure of the incumbent Chairperson.

(5) The selection committee may evolve its own procedure for the purposes of meetings and making recommendations under sub-section (1) including making recommendations in respect of a person who has not applied for the post of Chairperson.

(6) Three members of the selection committee referred to in sub-section (1) shall form quorum for the meeting of the committee.

(7) The Chairperson shall exercise such other powers and perform such other functions as may be assigned to him by this Act or the Statutes.

13. Nomination of distinguished scientists or academicians of global eminence, eminent industrialists or technologists and heads of three premier institutions in the field of imparting education in science and technology.-The heads of three premier institutions in the field of imparting education in science and technology, referred to in clause (h), the distinguished scientists or academicians of global eminence referred to in clause (i), and eminent industrialists or technologists referred to in clause (j), of sub-section (1) of section 11, shall be nominated, by the President of the Council of Scientific and Industrial Research.

14. Nomination of distinguished scientists or outstanding scientists of Council of Scientific and Industrial Research or Directors of Council of Scientific and Industrial Research laboratories.-The nomination of distinguished scientists or outstanding scientists of the Council of Scientific and Industrial Research or Directors of Council of Scientific and Industrial Research laboratories, referred to in clause (k) of sub-section (1) of section 11 shall be made by the Governing Body of the Council of Scientific and Industrial Research.

15. Allowances payable to members of Board.-The members of the Board shall be entitled to such allowances, if any, from the Academy, as may be provided for, in the Statutes but no member other than the Director of the Academy referred to in clause (l) of sub-section (1) of section 11, shall be entitled to any salary by reason of this section.

16. Term of office of members of Board.-(1) Save as otherwise provided in this section, term of office of the Chairperson or any other nominated member of the Board shall be four years, being one term of the Board and they shall not be eligible to be re-appointed as Chairperson or nominated as a member, as the case may be.

Explanation I.— The period of term of office of the Chairperson or any other nominated member of the Board [other than ex officio Vice-Chairperson and ex officio members and nominated members under clause (k) of sub-section (1) of section 11] of the existing Academy shall be counted for the purposes of this sub-section.

Explanation II.—For the removal of doubt it is hereby declared that a person who held the office of a member shall not be eligible to be re-appointed as a member but may be appointed as the Chairperson in accordance with the provisions of this Act :Provided that an outgoing member of the Board shall, unless or otherwise directed, continue in office until another person is appointed, or, as the case may be, nominated as a member in his place.

(2) In the event of vacancy in the office of the Chairperson, by reason of his death or resignation or otherwise, the Vice-Chairperson shall act as the Chairperson until a new Chairperson is appointed in accordance with the provisions of this Act to fill the vacancy and enter upon his office:

Provided that a person appointed due to a vacancy in the office of Chairperson under sub-section (2), shall be eligible to be appointed as Chairperson in accordance with the provisions of this Act only for one term in addition to the period for which he was appointed to fill the vacancy of Chairperson.

(3) In the event of vacancy in the office of a nominated member under clauses (h), (i), (j) and (k) of sub-section (1) of section 11 by reason of his death or resignation or otherwise, the vacancy shall be filled in accordance with the provisions of this Act:

Provided that a person nominated under sub-section (1) of section 11 due to a vacancy in the office of the member, such person shall be eligible to be nominated only for one term as member in accordance with the provisions of this Act, in addition to the period for which he was nominated to fill the vacancy.

(4) The term of office of an ex officio member shall continue as long as he holds the office by virtue of which he is a member.

(5) One-fourth of the members, being distinguished scientists or outstanding scientists or Directors of laboratories of the Council of Scientific and Industrial Research nominated under clause (k) of sub-section (1) of section 11 shall retire every year and new members shall be nominated in their place in accordance with the provisions of this Act:

Provided that, notwithstanding anything contained in this sub-section, the members, being distinguished scientists or outstanding scientists of the Council of Scientific and Industrial Research or Directors of the Council of Scientific and Industrial Research laboratories nominated under clause (k) of sub-section (1) of section 11, immediately after the commencement of this Act for the first time, may hold office for such period, as may be specified in their nomination and provisions of this sub-section shall not be applicable to such nominated members.

17. Powers of Board.-(1) Subject to the provisions of this Act, the Board shall be responsible for the general superintendence, direction and control of the affairs of the Academy and shall exercise all the powers of the Academy not otherwise provided for by this Act, the Statutes and the Ordinances, and shall have the power to review the acts of the Senate.

(2) Without prejudice to the provisions of sub-section (1), the Board shall have the powers to—

(a) take decisions on questions of policy relating to the administration and working of the Academy;

(b) institute courses of study at the Academy;

(c) make Statutes;

(d) institute and appoint persons to academic as well as other posts in the Academy;

(e) consider and modify or cancel or rescind Ordinances;

(f) consider and pass resolutions on the annual report, the annual accounts and the budget estimates of the Academy for the next financial year, together with a statement of its development plans;

(g) approve investments in infrastructure of the Academy in any land or building;

(h) exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the Statutes.

(3) The Board shall also have the power to appoint such committees of one or more persons as it considers necessary for exercise of its powers and the performance of its duties and hold enquiries under this Act.

18. Senate.-(1) The Senate shall consist of the following, namely:—

(a) the Director, ex officio, who shall be the Chairperson of the Senate;

(b) all Associate Directors, ex officio members;

(c) all Deans of the Academy, ex officio members;

(d) two Professors from each area of study represented by the Boards of Studies of the Academy, as may be nominated by the Board, ex officio members;

(e) two scientists of the Council of Scientific and Industrial Research, who being the youngest in age; and recipient of Shanti Swaroop Bhatnagar Award; and who are also Faculty of the Academy, as may be nominated by the Director-General of the Council of Scientific and Industrial Research;

(f) two scientists of the Council of Scientific and Industrial Research, who being the youngest in age; and recipient of CSIR-Young Scientist Award; and who are Faculty of the Academy, as may be nominated by the Director-General of the Council of Scientific and Industrial Research;

(g) three Directors or distinguished scientists or outstanding scientists of the Council of Scientific and Industrial Research laboratories, nominated by its Director-General;

(h) three persons, not being the employees of the Academy or the Council of Scientific and Industrial Research, to be nominated by the Chancellor in consultation with the Director from amongst educationists of repute, one being from each of the fields of science, engineering and social sciences;

(i) such other members of the staff as may be laid down in the Statutes.

(2) The tenure of the nominated members under clauses (d) to (h) of sub-section (1) shall be two years:

Provided that the Senate shall not, at any time, have less than fifty per cent. of its members from the Council of Scientific and Industrial Research scientists teaching in the Academy.

19. Powers of Senate.-Subject to the provisions of this Act, the Statutes and the Ordinances, the Senate of the Academy shall have the control and general regulation, and be responsible for the maintenance, of standards of instruction, education and examinations in the Academy and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes and Ordinances.20. Chancellor of Academy.-(1) The Chairperson of the Board shall be the Chancellor of the Academy.

(2) The Chancellor shall ordinarily preside at the Convocations of the Academy.

21. Director of Academy.-The Director shall be the principal academic and executive officer of the Academy and shall be responsible for the administration of the Academy and imparting instruction, research and maintenance of discipline.22. Appointment and duty of Director of Academy, etc.-(1) The Director shall be appointed, by the President of the Council of Scientific and Industrial Research, on the recommendation of the selection committee constituted under sub-section (2).

(2) The selection committee referred to in sub-section (1) shall consist of—

(a) the Chairperson of the Board;

(b) the Vice-Chairperson of the Board;

(c) the President of the Indian National Science Academy;

(d) the Chairman, Atomic Energy Commission, Government of India;

(e) the Chairman, Space Commission, Government of India.

(3) The selection committee referred to in sub-section (2) shall—

(a) be constituted within six months before the completion of tenure of the incumbent as the Director;

(b) submit its recommendation at least three months before the completion of the tenure of the incumbent Director.

(4) The selection committee may evolve its own procedure for the purposes of meetings and making recommendations under sub-section (1) including making recommendations in respect of a person who has not applied for the post of Director.

(5) Three members of the selection committee referred to in sub-section (1) shall form quorum for the meeting of the committee:

Provided that no person shall be selected or nominated as Director unless such person is an Indian citizen.

(6) It shall be the duty of the Director that the decisions taken by the Board are implemented.

(7) The Director shall submit an annual report and accounts of the Academy to the Board.

(8) The Director shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes or the Ordinances.

(9) The term of the Director shall be five years.

23. Associate Directors.-(1) The Associate Directors of the Academy shall, be appointed by the Director with the approval of the Board, from amongst Professors of the Academy or scientists of the Council of Scientific and Industrial Research engaged in academic activity in the Academy, for such period, and on such terms and conditions, as may be laid down by the Statutes, and, shall exercise such powers and perform such duties as may be assigned to them by this Act or the Statutes or by the Director.

(2) The Board may assign any other designation for the Associate Directors, for the purpose of administrative convenience or academic efficiency.

24. Powers of other authorities.-(1) The constitution and powers of Board of Studies shall be such as may be provided in the Statutes.

(2) The powers, including the financial powers and duties of authorities, officers and other functionaries of the Academy shall be as provided by the Statutes.

25. Funds of Academy.-(1) The Academy shall maintain and retain a fund to which shall be credited—

(a) all fees (including tuition fees) and other charges received by the Academy;

(b) all monies received by the Academy by way of grants, gifts, donations, benefactions, bequests or transfers;

(c) monies for projects undertaken by the Academy;

(d) income from investment made by the Academy or from any other source;

(e) the funds received from the Council of Scientific and Industrial Research, by way of loan or otherwise;

(f) all monies received by the Academy in any other manner or from any other source.

(2) All monies credited to the fund of the Academy shall be deposited in such banks or invested in such manner as the Academy may, with the approval of the Board, decide.(3) The fund shall be applied for meeting,—

(a) the salaries, allowances and other remuneration of the Chairperson, members of the Board or Faculty, officers and other employees or members of the committees set up by the Academy;

(b) the expenses of the Academy in the discharge of its functions or exercise of its powers under section 8;

(c) the expenses on objects of, and for purposes authorised by, this Act.

(4) All expenditure of the Academy shall be within the framework of a budget approved by the Board.

26. Accounts.-(1) The Academy shall maintain proper and separate accounts giving therein the details of all receipts in, and, expenditure from, such fund and other relevant particulars.

(2) The accounts referred to in sub-section (1) shall be prepared and got audited before the expiry of six months from the end of each financial year.

(3) The Academy shall submit to the Board and the Council of Scientific and Industrial Research, the accounts referred to in sub-section (1) duly audited under section 27 and signed by the Director, Associate Director in charge of Finance and Associate Director in charge of Administration.

(4) The Council of Scientific and Industrial Research referred to in sub-section (3), the Board and any other person appointed by them in connection with the audit of the accounts of the Academy shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Academy.

27. Audit of accounts and its publication.-(1) The accounts of the Academy shall, without prejudice to the provisions contained in the Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971 (56 of 1971), be audited by auditors who may be appointed by the Board for the term of one year and such auditors shall be eligible for re-appointment.

(2) No person shall be eligible to be appointed as an auditor under sub-section (1) unless he is a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949), and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act.

(3) The accounts of the Academy shall, after the completion of the audit under sub-section (1) and submission thereof to the Board and the Council of Scientific and Industrial Research be published on the website of the Academy.

28. Statutes.-(1) The Statutes of the Academy shall be enacted by the Board.

(2) Without prejudice to the provisions contained in sub-section (1), the Senate may make recommendations for enactment of Statutes to the Board.

(3) The Board may, from time to time, make new Statutes or may amend or repeal or rescind the Statutes with effect from such date as it may direct.

29. Matters to be provided by Statutes.-Subject to the provisions of this Act, the Statutes may provide for all or any of the matters considered necessary by the Board for functioning of the Academy within the framework of this Act, including the following matters, namely:—

(a) the conferment of degrees and diplomas;

(b) the constitution, powers and functions of the Board of Studies;

(c) the tuition fee and other fees to be charged;

(d) the institution of fellowships, scholarships, medals and prizes;

(e) the term of office and the method of appointment of officers of the Academy;

(f) the qualification of Faculty of the Academy (other than the scientists of the Council of Scientific and Industrial Research engaged in the service of the Academy), officers and other staff of Academy:

Provided that the scientists of the Council of Scientific and Industrial Research engaged in the service of the Academy shall be governed by the qualifications specified by the Council and nothing contained in this Act shall be construed to disqualify them from undertaking the service of the Academy or engaging them as Faculty of the Academy;

(g) the classification, the method of appointment and the determination of the terms and conditions of service of Faculty, officers and other staff of the Academy;

(h) the provision of insurance fund, provident fund and other retirement benefits, for the benefit of the Faculty, officers and other staff of the Academy;

(i) the constitution, powers and duties of authorities of the Academy;

(j) the establishment and maintenance of hostels;

(k) the conditions of residence of students of the Academy and the levying of fees for residence in the hostels and of other charges;

(l) the allowances to be paid to the Chairperson and other members of the Board and any committee constituted by the Academy;

(m) the meetings of the Board, the Senate, or any committee, the quorum at such meetings and the procedure to be followed in the conduct of their business;

(n) any other matter which may be required or necessary for the purposes of this Act.

30. Ordinances.-(1) Subject to the provisions of this Act and the Statutes, the Ordinances of the Academy may provide for all or any of the following matters, namely :—

(a) the admission of the students;

(b) the courses of study;

(c) the conditions under which students shall be admitted and shall be eligible for degrees, diplomas and certificates and to the examinations of the Academy, and shall be eligible for the degrees, diplomas and certificates;

(d) the conditions of award of the fellowships, scholarships, medals and prizes;

(e) the condition and mode of appointment and duties of examining bodies, examiners and moderators;

(f) the conduct of examinations;

(g) the maintenance of discipline among students of the Academy;

(h) any other matter which by this Act or the Statute, is to be, or, may be, provided for by the Ordinances.

(2) Save as otherwise provided in this section, Ordinances shall be made by the Senate.(3) All Ordinances made by the Senate shall have the effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Board and shall be considered by the Board in its subsequent meeting.(4) The Board shall have the power by resolution to modify or cancel or rescind any of the Ordinances and such Ordinances shall, from the date of such resolution stand modified accordingly or cancelled or rescinded, as the case may be.

31. Review of functioning of Academy.-(1) There shall be a review of the functioning of the Academy once in every four years by persons of eminence to be appointed by the Council of Scientific and Industrial Research.(2) The Academy shall meet the expenses for conducting the review under sub-section (1) and upon receipt of the report of such review, the Board may take appropriate action.(3) In addition to the review under sub-section (1), the Board may conduct review of functioning of administrative and academic wings of the Academy, in such manner and at such intervals, as may be provided in the Statutes.

32. Appointments.-All appointments of the staff of the Academy (except appointment of the Director), shall be made in accordance with the procedure laid down in the Statute, by—

(a) the Board for the academic staff;

(b) the Director, in any other case.

33. Conditions of service.-(1) Every employee of the Academy shall be appointed on contractual basis under a written contract, which shall be lodged with the Academy and a copy of which shall be furnished to the employee concerned: Provided that all scientists and other employees of the Council of Scientific and Industrial Research engaged in the service of the Academy shall be governed by the service conditions, rules and regulations of the Council of Scientific and Industrial Research.(2) The Academy shall have a flexible compensation system which recognises performance, as laid down in the Statutes, to bring the best talent in the Academy:Provided that the scientists of the Council of Scientific and Industrial Research—

(a) engaged in the service of the Academy; and

(b) who draw their salary from the Council, shall be eligible for such allowances or honorarium, as may be determined by the Statute.

34. Arbitration.-(1) Any dispute arising out of a contract between the Academy and any of its employees shall, at the request of the employee concerned or at the instance of the Academy, be referred to a Tribunal of Arbitration consisting of one member appointed by the Director, one member nominated by the employee, and such two arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator.(2) The arbitration under sub-section (1) shall be governed by the Arbitration and Conciliation Act, 1996 (26 of 1996).

35. Resignation, removal and suspension of Chairperson and other Members or Director.-(1) The Chairperson or any Member of the Board other than ex officio Members of the Board or Director may, by notice in writing under his hand addressed to the President of the Council of Scientific and Industrial Research, resign his office:Provided that the Chairperson or such Member or Director shall, unless he is permitted by the President of the Council of Scientific and Industrial Research to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.(2) The President of the Council of Scientific and Industrial Research may remove from office the Chairperson or any Member of the Board or the Director, who—

(a) has been adjudged an insolvent; or

(b) being the Director has engaged at any time, during his term of office, in any paid employment; or

(c) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or

(d) has become physically or mentally incapable of acting as such Chairperson or Member or Director; or

(e) is of unsound mind and stands so declared by a competent court; or

(f) has acquired such financial or other interest as is likely to affect prejudicially the exercise of his functions as such Chairperson or Member or Director; or

(g) has so abused his position as to render his continuance in office prejudicial to the public interest; or

(h) has been guilty of proved misbehaviour; or

(i) has such other disqualifications as may be prescribed.

(3) Notwithstanding anything contained in sub-section (1), the Chairperson or a Member of the Board or the Director shall not be removed from his office on the grounds specified in clause (f) or clause (g) or clause (h) of sub-section (1), except by an order made by the President of the Council of Scientific and Industrial Research after an inquiry made in this behalf in which such Chairperson or Member or Director has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.(4) In the event of inquiry instituted under sub-section (2), the President of the Council of Scientific and Industrial Research may suspend such Chairperson or Member or Director against whom inquiry has been instituted for a period not exceeding six months if it is considered necessary in public interest.(5) The President of the Council of Scientific and Industrial Research may, by rules, regulate the procedure for the inquiry referred to in sub-section (2).(6) In case any nominated member under clause (k) of sub-section (1) of section 11 in the Board incurs any of the disqualifications under clauses (a) to (i) of sub-section (1), such nominated member shall not be eligible to be nominated as such and his nomination as nominated member shall be revoked by those who nominated such member.

36. Meetings.-The meetings of the Board, Senate, or other committees constituted by the Academy may be held using contemporary tools of information and communication technologies (including video-conferencing) without the members necessarily having to be physically present.

37. Vacancies, etc., not to invalidate acts or proceedings of Board, Academy or any other body.-No act of the Board or the Academy or any other body set up under this Act or the Statutes, shall be invalid merely by reason of –

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

(b) any defect in the selection, nomination or appointment of a person acting as a member thereof; or

(c) any irregularity in its procedure not affecting the merits of the case.

38. 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 appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.

(2) Every order made under sub-section (1) 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 order or both Houses agree that the order should not be made, the order 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 order.

 


 

Acts of Parliament relating to children, schools and education of United Kingdom

England-min
GEORGE I
8 Geo. 1 c. 31 Sevenoaks Grammar School and Charity Act 1721
GEORGE II
17 Geo. 2 c. 40 Universities (Wine Licences) Act 1743
20 Geo. 2 c. 32 University of St Andrews Act 1746
GEORGE III
8 Geo. 3 c. 32 Gresham College etc Act 1768
11 Geo. 3 c. 10 Morden College Kent Act 1771
14 Geo. 3 c. 51 Macclesfield Grammar School Act 1774
16 Geo. 3 c. 52 Natural-born Children of Aliens Act 1776
17 Geo. 3 c. 71 Rugby School and Alms-houses Act 1777
18 Geo. 3 c. 41 Henley Grammar School Act 1778
20 Geo. 3 c. 36 Poor Apprentices Act 1780
28 Geo. 3 c. 81 Bolton Grammar School Act 1788
43 Geo. 3 c. 73 Factory Act 1802
43 Geo. 3 c. 54 *Parochial Schools (Scotland) Act 1803
45 Geo. 3 c. 101 Purchase of Advowsons by Colleges Act 1805
48 Geo. 3 c. 77 Londonderry School Act 1808
50 Geo. 3 c. 33 School Sites (Ireland) Act 1810
53 Geo. 3 c. 107 Endowed Schools Act 1813
54 Geo. 3 c. 101 Child Stealing Act 1814
56 Geo. 3 c.95 Transfer of Stock of Hertford College Act 1816
56 Geo. 3 c.136 Lands of Hertford College Act 1816
GEORGE IV
3 Geo. 4 c. 1822 Endowed Schools Act 1822
5 Geo. 4 c. 101 St David’s College Act 1824
6 Geo. 4 c. 97 Universities Act 1825: behaviour of Oxbridge students.
6 Geo. 4 c. 102 Deserted Children (Ireland) Act 1825
9 Geo. 4 c. 36 Deserted Children (Ireland) Act 1827
9 Geo. 4 c. 87 Deserted Children (Ireland) Act 1828
11 Geo. 4 &
1 Will. 4 c. 56
Endowed Schools (Ireland) Act 1830
WILLIAM IV
3 & 4 Will. 4 c. 103 *Factories Act 1833
4 & 5 Will. 4 c. 76 *Poor Law (Amendment) Act 1834
6 & 7 Will. 4 c. 70 Sites for Schoolrooms Act 1836
VICTORIA
1 & 2 Vict c. 22 Haileybury College Act 1838
1 & 2 Vict c. 87 Highland Schools Act 1838
2 & 3 Vict c. 85 Bastard Children Act 1839
3 & 4 Vict c. 77 Grammar Schools Act 1840: allowed endowment funds to be spent on modern and commercial subjects.
3 & 4 Vict c. 85 *Chimney Sweepers Regulation Act 1840
4 & 5 Vict c. 38 School Sites Act 1841 (pdf 324kb): the five School Sites Acts passed between 1841 and 1852 facilitated the purchase of land for school buildings and allowed for ‘Parliamentary Grants for the Education of the Poor’
5 & 6 Vict c. 78 Exchange, Crown and Eton College Act 1842
7 & 8 Vict c. 8 Teachers of Schools (Ireland) Act 1844
7 & 8 Vict c. 37 School Sites Act 1844 (pdf 136kb)
8 & 9 Vict c. 25 Maynooth College Act 1845
8 & 9 Vict c. 40 Parish Schoolmasters (Scotland) Act 1845
8 & 9 Vict c. 66 Queen’s College (Ireland) Act 1845
11 & 12 Vict c. 82 Poor Law (Schools) Act 1848
12 & 13 Vict c. 49 School Sites Act 1849 (pdf 128kb)
13 & 14 Vict c. 11 School Districts Act 1850
14 & 15 Vict c. 24 School Sites Act 1851 (pdf 60kb)
15 & 16 Vict c. 49 School Sites Act 1852 (pdf 72kb)
16 & 17 Vict c. 82 Christ College of Brecknock Act 1853
17 & 18 Vict c. 74 *Reformatory Schools (Scotland) Act 1854
17 & 18 Vict c. 81 *Oxford University Act 1854
17 & 18 Vict c. 86 *Youthful Offenders Act 1854
17 & 18 Vict c. 98 Parochial Schoolmaster (Scotland) Act 1854
17 & 18 Vict c. 112 Literary and Scientific Institutions Act 1854 (pdf 487kb): facilitated the establishment of institutions for the promotion of literature, science and the arts.
18 & 19 Vict c. 34 Education of Pauper Children Act 1855
18 & 19 Vict c. 53 Haileybury College Act 1855
18 & 19 Vict c. 59 Endowed Schools Inquiries (Ireland) Act 1855
18 & 19 Vict c. 82 Trinity College Dublin Act 1855
18 & 19 Vict c. 131 School Grants Act 1855 (pdf 76kb): laid down stricter conditions relating to Parliamentary grants for education.
19 & 20 Vict c. 28 Reformatory Schools (Scotland) Act 1856
19 & 20 Vict c. 53 Moulton Endowed School Act 1856
19 & 20 Vict c. 88 *Cambridge University Act 1856
19 & 20 Vict c. 95 Oxford Colleges etc Estates Act 1856
19 & 20 Vict c. 109 Reformatory etc Schools Act 1856
19 & 20 Vict c. 116 Education Department Act 1856: single-paragraph Act which created the post of Vice-President of the Committee of Council on Education.
20 & 21 Vict c. 25 Oxford University Act 1857 (pdf 115kb): extended the powers of the Commissioners for Oxford University and St Mary’s College Winchester.
20 & 21 Vict c. 48 Industrial Schools Act 1857
20 & 21 Vict c. 55 Reformatory Schools (England) Act 1857
20 & 21 Vict c. 59 Parochial Schoolmasters (Scotland) Act 1857
20 & 21 Vict c. 84 Dulwich College Act 1857
21 & 22 Vict c. 44 Universities and College Estates Act 1858
21 & 22 Vict c. 83 Universities (Scotland) Act 1858
21 & 22 Vict c. 103 Reformatory Schools (Ireland) Act 1858
22 & 23 Vict c. 19 Universities of Oxford and Cambridge Act 1859(pdf 135kb): amended previous Acts relating to Oxford and Cambridge.
23 & 24 Vict c. 11 Endowed Schools Act 1860
23 & 24 Vict c. 59 Universities and College Estates Act Extension 1860
23 & 24 Vict c. 91 Oxford University Act 1860 (pdf 106kb): matters relating to Craven scholarships and testamentary documents.
23 & 24 Vict c. 104 Maynooth College Act 1860
23 & 24 Vict c. 108 Industrial Schools Act 1860
24 & 25 Vict c. 107 Parochial and Burgh Schoolmasters (Scotland) Act 1861
24 & 25 Vict c. 113 Industrial Schools Act 1861
24 & 25 Vict c. 132 Industrial Schools (Scotland) Act 1861
25 & 26 Vict c. 10 Industrial Schools 1861 Acts Continuance Act 1862
25 & 26 Vict c. 26 Oxford University Act 1862 (pdf 132kb): extended the university’s power to make statutes.
25 & 26 Vict c. 43 Poor Law (Certified Schools) Act 1862
27 & 28 Vict c. 37 *Chimney Sweepers Regulation Act 1864
27 & 28 Vict c. 41 Coventry Garmmar School Act 1864
27 & 28 Vict c. 92 Public Schools Act 1864
28 & 29 Vict c. 55 Oxford University, Vinerian Foundation, Act 1865 (pdf 78kb): empowered the university to make statutes relating to the Vinerian Foundation.
29 & 30 Vict c. 117 Reformatory Schools Act 1866
29 & 30 Vict c. 118 Industrial Schools Act 1866
30 & 31 Vict c. 6. Metropolitan Poor Act 1867
31 & 32 Vict c. 25 Industrial Schools (Ireland) Act 1868
31 & 32 Vict c. 32 Endowed Schools Act 1868: paved the way for the 1869 Endowed Schools Act.
31 & 32 Vict c. 59 Irish Reformatory Schools Act 1868
31 & 32 Vict c. 118 Public Schools Act 1868: made various changes at Eton, Harrow, Winchester etc as recommended by the 1864 Clarendon Report.
32 & 33 Vict c. 20 University of Oxford Act 1869
32 & 33 Vict c. 25 Orphan and Desrted Children (Ireland) Act 1869
32 & 33 Vict c. 56 Endowed Schools Act 1869: made changes to endowed schools as recommended by the 1868 Taunton Report.
32 & 33 Vict c. 58 Public Schools Act 1869
33 & 34 Vict c. 75 Elementary Education Act 1870: the ‘Forster Act’ introduced compulsory universal education for children aged 5-13 but left enforcement of attendance to school boards.
33 & 34 Vict c. 84 Public School Act 1870
33 & 34 Vict c. 63 College Charter Act 1871 (pdf 29kb): amended the law relating to the granting of charters.
34 & 35 Vict c. 13 Public Parks, Schools, and Museums Act 1871
34 & 35 Vict c. 26 Universities Tests Act 1871: removed certain religious requirements.
34 & 35 Vict c. 60 Public Schools Act 1871
34 & 35 Vict c. 94 Elementary Education (Election) Act 1871
35 & 36 Vict c. 21 Reformatory and Industrial Schools Acts Amendment Act 1872
35 & 36 Vict c. 27 Elementary Education Act Amendment Act 1872
35 & 36 Vict c. 54 Public Schools Act 1872
35 & 36 Vict c. 59 Elementary Education (Elections) Act 1872
35 & 36 Vict c. 62 *Education (Scotland) Act 1872: created school boards to oversee both secondary and elementary education, and made attendance compulsory.
36 & 37 Vict c. 7 Endowed Schools (Time of Address) Act 1873
36 & 37 Vict c. 41 Public Schools (Shrewsbury and Harrow Schools Property) Act 1873
36 & 37 Vict c. 53 Highland Schools Act 1873
36 & 37 Vict c. 62 Public Schools (Eton College Property) Act 1873
36 & 37 Vict c. 67 *Employment of Children in Agriculture Act 1873
36 & 37 Vict c. 86 Elementary Education Act 1873: amended various provisions of the 1870 Elementary Education Act.
36 & 37 Vict c. 87 Endowed Schools Act 1873: extended and amended the 1869 Endowed Schools Act.
37 & 38 Vict c. 9 Public Works Loan (School Loans) Act 1874
37 & 38 Vict c. 39 Elementary Education (Wenlock) Act 1874
37 & 38 Vict c. 55 Hertford College Act 1874
37 & 38 Vict c. 62 Infants Relief Act 1874 (pdf 53kb): made contracts entered into by infants unenforceable.
37 & 38 Vict c. 79 Foyle College Act 1874
37 & 38 Vict c. 87 Endowed Schools Act 1874: made further amendments to the previous Endowed Schools Acts.
37 & 38 Vict c. 90 Elementary Education (Orders) Act 1874
38 & 39 Vict c. 29 Endowed Schools (Vested Interests) Act Continuance Act 1875
38 & 39 Vict c. 41 Intestate Widows and Children (Scotland) Act 1875
38 & 39 Vict c. 70 *Chimney Sweepers Act 1875: prohibited the use of boys to clean chimneys and provided the first workable enforcement machinery.
38 & 39 Vict c. 82 National School Teachers Residences (Ireland) Act 1875
38 & 39 Vict c. 96 National School Teachers (Ireland) Act 1875
39 & 40 Vict c. 38 Pauper Children (Ireland) Act 1876
39 & 40 Vict c. 79 Elementary Education Act 1876: made further provisions regarding elementary education, including new rules on child employment.
40 & 41 Vict c. 38 Board of Education (Scotland) Act 1877
41 & 42 Vict c. 16 *Factory and Workshop Act 1878
41 & 42 Vict c. 66 Intermediate Education (Ireland) Act 1878
41 & 42 Vict c. 78 Education (Scotland) Act 1878
42 & 43 Vict c. 34 Children’s Dangerous Performances Act 1879
42 & 43 Vict c. 48 Elementary Education (Industrial Schools) Act 1879: a brief Act extending the powers of school boards in relation to the establishment and extension of industrial schools.
42 & 43 Vict c. 49 *Summary Jurisdiction Act 1879: child offenders to appear before magistrates rather than the assizes or quarter-sessions.
42 & 43 Vict c. 65 University Education (Ireland) Act 1879
42 & 43 Vict c. 66 Endowed School Acts Continuance Act 1879
42 & 43 Vict c. 74 National School Teachers (Ireland) Act 1879
43 & 44 Vict c. 11 Universities of Oxford and Cambridge (Limited Tenures) Act 1880
43 & 44 Vict c. 15 Industrial Schools Act Amendment Act 1880
43 & 44 Vict c. 23 Elementary Education Act 1880 (the ‘Mundella Act’): tightened up school attendance laws.
43 & 44 Vict c. 46 Universities and College Estates Amendment Act 1880
44 & 45 Vict c. 65 Leases for Schools (Ireland) Act 1881
45 & 46 Vict c. 18 Public Schools (Scotland) Teachers Act 1882
45 & 46 Vict c. 69 Intermediate Education (Ireland) Act 1882
46 & 47 Vict c. 56 Education (Scotland) Act 1883
47 & 48 Vict c. 19 Summary Jurisdiction over Children (Ireland) Act 1884
47 & 48 Vict c. 22 Loans for Schools and Training Colleges (Ireland) Act 1884
47 & 48 Vict c. 40 Reformatory and Industrial Schools (Manx Children) Act 1884
47 & 48 Vict c. 45 National School Teachers Amendment (Ireland) Act 1884
47 & 48 Vict c. 75 Canal Boats Act 1884
48 & 49 Vict c. 19 Industrial Schools (Ireland) Act 1885
48 & 49 Vict c. 38 School Boards Act 1885
48 & 49 Vict c. 78 Educational Endowments (Ireland) Act 1885
49 & 50 Vict c. 56 Intoxicating Liquors (Sale to Children) Act 1886
50 & 51 Vict c. 64 *Technical Schools (Scotland) Act 1887: empowered school boards to set up technical schools, but few were opened.
51 & 52 Vict c. 41 Local Government Act 1888 : created county councils and county borough councils which later became the framework for educational administration.
51 & 52 Vict c. 45 Victoria University Act 1888 (pdf 29kb): extended employment rights to graduates of Victoria University (Manchester).
52 & 53 Vict c. 35 Prince of Wales’s Children Act 1889
52 & 53 Vict c. 40 Welsh Intermediate Education Act 1889: made further provision for the intermediate and technical education of the inhabitants of Wales and the county of Monmouth.
52 & 53 Vict c. 44 Prevention of Cruelty to, and Protection of, Children Act 1889 (pdf 291kb): wide-ranging Act including restrictions on the employment of children.
52 & 53 Vict c. 76 Technical Instruction Act 1889: sought to improve the provision of technical and industrial training.
53 & 54 Vict c. 22 Education Code (1890) Act 1890
53 & 54 Vict. c. 43 Education of Blind and Deaf-Mute Children (Scotland) Act 1890
54 & 55 Vict c. 3 Custody of Children Act 1891 (pdf 45kb): included a section on religious education.
54 & 55 Vict c. 16 Army Schools Act 1891 (pdf 29kb): a brief Act extending certain endowments to army schools.
54 & 55 Vict c. 23 Reformatory and Industrial Schools Act 1891
54 & 55 Vict c. 56 Elementary Education Act 1891: elementary education to be provided free.
54 & 55 Vict c. 61 *Schools for Science and Art Act 1891: made government funds available to local authorities for technical education.
55 & 56 Vict c. 4 Betting and Loans (Infants) Act 1892 (pdf 82kb): made it illegal to encourage children to bet or borrow money.
55 & 56 Vict c. 29 Technical and Industrial Institutions Act 1892(pdf 60kb): new rules to facilitate the expansion of technical and industrial training.
55 & 56 Vict c. 41 Boards of Management of Poor Law District Schools (Ireland) Act 1892
55 & 56 Vict c. 42 Irish Education Act 1892
55 & 56 Vict c. 51 Education and Local Taxation Account (Scotland) Act 1892
55 & 56 Vict c. 63 *Technical Instruction Amendment (Scotland) Act 1892
56 & 57 Vict c. 12 Day Industrial Schools (Scotland) Act 1893
56 & 57 Vict c. 15 Reformatory Schools (Scotland) Act 1893
56 & 57 Vict c. 41 Irish Education Act 1893
56 & 57 Vict c. 42 Elementary Education (Blind and Deaf Children) Act 1893: required school authorities to make better educational provision for blind and deaf children.
56 & 57 Vict c. 48 Reformatory Schools Act 1893
56 & 57 Vict c. 51 Elementary Education (School Attendance) Act 1893
57 & 58 Vict c. 27 Prevention of Cruelty to Children (Amendment) Act 1894
57 & 58 Vict c. 33 Industrial Schools Acts Amendment Act 1894
57 & 58 Vict c. 41 Prevention of Cruelty to Children Act 1894
57 & 58 Vict Ch. ciii Cheltenham College Act 1894
58 & 59 Vict c. 17 Reformatory and Industrial Schools (Channel Islands Children) Act 1895
60 & 61 Vict c. 5 *Voluntary Schools Act 1897
60 & 61 Vict c. 16 *Elementary Education Act 1897
60 & 61 Vict c. 32 School Board Conference Act 1897
60 & 61 Vict c. 62 Education (Scotland) Act 1897
61 & 62 Vict c. 30 Pauper Children (Ireland) Act 1898
61 & 62 Vict c. 53 Libraries Offences Act 1898 (pdf 37kb): a brief Act concerning behaviour in public libraries.
61 & 62 Vict c. 55 Universities and College Estates Act 1898
61 & 62 Vict c. 57 Elementary School Teachers (Superannuation) Act 1898 (pdf 4.4mb)
61 & 62 Vict c. 62 University of London Act 1898
62 & 63 Vict c. 12 Reformatory Schools Act 1899
62 & 63 Vict c. 13 Elementary Education (School Attendance) Act 1893 Amendment Act 1899
62 & 63 Vict c. 32 Elementary Education (Defective and Epileptic Children) Act 1899: empowered school authorities to make better educational provision for ‘defective’ and epileptic children.
62 & 63 Vict c. 33 Board of Education Act 1899: established the Board of Education and provided for a Consultative Committee.
62 & 63 Vict
Sess. 2 c. 21
Mines (Prohibition of Child Labour Underground) Act 1900
62 & 63 Vict
Sess. 2 c. 38
Elementary School Teachers Superannuation (Isle of Man) Act 1900
62 & 63 Vict
Sess. 2 c. 40
Elementary School Teachers Superannuation (Jersey) Act 1900
63 & 64 Vict
Sess. 2 c. 43
Intermediate Education (Ireland) Act 1900
63 & 64 Vict
Sess. 2 c. 53
*Elementary Education Act 1900
EDWARD VII
2 Edw. 7 c. 14 University of Wales Act 1902 (pdf 29kb): extended employment rights to graduates of the University of Wales.
2 Edw. 7 c. 42 Education Act 1902: the ‘Balfour Act’ established a system of secondary education integrating higher grade elementary schools and fee-paying secondary schools; abolished school boards and established local education authorities (LEAs).
3 Edw. 7 c. 10 Education (Provision of Working Balances) Act 1903
3 Edw. 7 c. 13 Elementary Education Amendment Act 1903
a minor amendment to the 1899 Elementary Education (Defective and Epileptic Children) Act.
3 Edw. 7 c. 19 Poor Law (Dissolution of School Districts and Adjustments) Act 1903
3 Edw. 7 c. 24 Education (London) Act 1903
extended and adapted the 1902 Education Act to London.
3 Edw. 7 c. 45 Employment of Children Act 1903
4 Edw. 7 c. 11 University of Liverpool Act 1904 (pdf 29kb)
extended employment rights to graduates of the University of Liverpool.
4 Edw. 7 c. 12 Leeds University Act 1904 (pdf 33kb)
extended employment rights to graduates of the University of Leeds.
4 Edw. 7 c. 15 Prevention of Cruelty to Children Act 1904
4 Edw. 7 c. 18 Education (Local Authority Default) Act 1904
6 Edw. 7 c. 10 Education of Defective Children (Scotland) Act 1906
6 Edw. 7 c. 57 Education (Provision of Meals) Act 1906: allowed LEAs to provide meals for undernourished elementary school children.
7 Edw. 7 c. 43 Education (Administrative Provisions) Act 1907: among other things, this Act introduced a scholarship/free place system for secondary education and required LEAs to provide medical inspections of elementary school children.
8 Edw. 7 c. 39 Endowed Schools (Masters) Act 1908
8 Edw. 7 c. 63 Education (Scotland) Act 1908
8 Edw. 7 c. 67 Children Act 1908
9 Edw. 7 c. 13 Local Education Authorities (Medical Treatment) Act 1909
9 Edw. 7 c. 29 Education (Administrative Provisions) Act 1909
10 Edw. 7 &
1 Geo 5 c. 16
Duke of York’s School (Chapel) Act 1910
10 Edw. 7 &
1 Geo 5 c. 25
Children Act 1908 Amendment Act 1910
10 Edw. 7 &
1 Geo 5 c. 37
Education (Choice of Employment) Act 1910
GEORGE V
1 & 2 Geo. 5 c. 32 Education (Administrative Provisions) Act 1911
2 & 3 Geo. 5 c. 12 Elementary School Teachers (Superannuation) Act 1912
3 & 4 Geo. 5 c. 7 Children (Employment Abroad) Act 1913
sought to prevent children being taken abroad for ‘singing, playing, performing, or being exhibited, for profit’.
3 & 4 Geo. 5 c. 12 Education (Scotland) Act 1913
3 & 4 Geo. 5 c. 13 Education (Scotland) (Glasgow Electoral Divisions) Act 1913
3 & 4 Geo. 5 c. 28 Mental Deficiency Act 1913
made better provision for the care of ‘Feeble-minded and other Mentally Defective Persons’ and amended the Lunacy Acts. Required local education authorities to ascertain and certify which children aged 7 to 16 in their area were defective.
3 & 4 Geo. 5 c. 29 *Intermediate Education (Ireland) Act 1913
4 & 5 Geo. 5 c. 4 Sheffield University Act 1914 (pdf 33kb)
extended employment rights to graduates of the University of Sheffield.
4 & 5 Geo. 5 c. 20 Education (Provision of Meals) Act 1914: extended the powers of local education authorities to provide meals for undernourished elementary school children.
4 & 5 Geo. 5 c. 35 Education (Scotland) (Provision of Meals) Act 1914
4 & 5 Geo. 5 c. 41 Intermediate Education (Ireland) Act 1914
4 & 5 Geo. 5 c. 45 Elementary Education (Defective and Epileptic Children) Act 1914
required local authorities to make provision.
4 & 5 Geo. 5 c. 66 Elementary School Teachers (War Service Superannuation) Act 1914
4 & 5 Geo. 5 c. 67 Education (Scotland) (War Service Superannuation) Act 1914
5 & 6 Geo. 5 c. 22 Universities and Colleges (Emergency Powers) Act 1915
5 & 6 Geo. 5 c. 95 Education (Small Population Grants) Act 1915
6 & 7 Geo. 5 c. 10 Education (Provision of Meals) (Ireland) Act 1916
6 & 7 Geo. 5 c. 35 Elementary Education (Fee Grant) Act 1916
7 & 8 Geo. 5 c. 53 Education (Provision of Meals) (Ireland) Act 1917
8 & 9 Geo. 5 c. 29 Maternity and Child Welfare Act 1918
8 & 9 Geo. 5 c. 39 Education Act 1918 (Fisher) (pdf 748kb)
wide-ranging Act extending education provision in line with recommendations of 1917 Lewis Report.
8 & 9 Geo. 5 c. 48 Education (Scotland) Act 1918
8 & 9 Geo. 5 c. 55 School Teachers’ (Superannuation) Act 1918
amended the Elementary School Teachers’ (Superannuation) Acts 1898-1912.
9 & 10 Geo. 5 c. 16 Public Health (Medical Treatment of Children) (Ireland) Act 1919
9 & 10 Geo. 5 c. 17 Education (Scotland) (Superannuation) Act 1919
9 & 10 Geo. 5 c. 21 Ministry of Health Act 1919 (pdf 205kb)
created the Ministry of Health and transferred to it some of the powers of the Board of Education.
9 & 10 Geo. 5 c. 41 Education (Compliance with Conditions of Grants) Act 1919
10 & 11 Geo. 5 c. 65 Employment of Women, Young Persons, and Children Act 1920 (pdf 220kb)
enacted the conventions agreed at the 1919 meeting of the International Labour Organisation of the League of Nations.
11 & 12 Geo. 5 c. 4 Children Act 1921
11 & 12 Geo. 5 c. 51 Education Act 1921: consolidated all previous laws relating to education and raised school leaving age to 14.
12 & 13 Geo. 5 c. 31 Universities (Scotland) Act 1922 (pdf 57kb)
extended the powers of the Courts of Scottish universities.
12 & 13 Geo. 5 c. 48 School Teachers (Superannuation) Act 1922
13 & 14 Geo. 5 c. 33 Universities of Oxford and Cambridge Act 1923
established Commissions for the two universities.
13 & 14 Geo. 5 c. 38 Education (Institution Children) Act 1923
14 & 15 Geo. 5 c. 12 School Teachers (Superannuation) Act 1924
14 & 15 Geo. 5 c. 13 Education (Scotland) (Superannuation) Act 1924
15 & 16 Geo. 5 c. 24 Universities and College Estates Act 1925 (pdf 651kb)
updated property rules relating to Oxford, Cambridge and Durham universities, Eton and St Mary’s Winchester.
15 & 16 Geo. 5 c. 55 Education (Scotland) (Superannuation) Act 1925
15 & 16 Geo. 5 c. 89 Education (Scotland) Act 1925
16 & 17 Geo. 5 c. 29 Adoption of Children Act 1926
16 & 17 Geo. 5 c. 46 University of London Act 1926
gave London University a new administrative structure.
18 & 19 Geo. 5 c. 28 Education (Scotland) Act 1928
18 & 19 Geo. 5 c. 30 Educational Endowments (Scotland) Act 1928
19 & 20 Geo. 5 c. 17 Local Government Act 1929 (pdf 4.6mb)
wide-ranging Act including the provision of education.
19 & 20 Geo. 5 c. 25 Local Government (Scotland) Act 1929 (pdf 2.0mb)
wide-ranging Act including the provision of education.
20 & 21 Geo. 5 c. 21 Children (Employment Abroad) Act 1930
20 & 21 Geo. 5 c. 33 Illegitimate Children (Scotland) Act 1930
20 & 21 Geo. 5 c. 36 Education (Scotland) Act 1930
20 & 21 Geo. 5 c. 37 Adoption of Children (Scotland) Act 1930
21 & 22 Geo. 5 c. 5 Educational Endowments (Scotland) Act 1931
21 & 22 Geo. 5 c. 37 Adoption of Children (Scotland) Act 1931
22 & 23 Geo. 5 c. 26 Universities (Scotland) Act 1932 (pdf 143kb)
extended the powers of the Courts of Scottish universities.
22 & 23 Geo. 5 c. 47 Children and Young Persons Act 1932
23 & 24 Geo. 5 c. 12 Children and Young Persons Act 1933
23 & 24 Geo. 5 c. 29 Education (Necessity of Schools) Act 1933
24 & 25 Geo. 5 c. 34 Adoption of Children (Workmen’s Compensation) Act 1934
25 & 26 Geo. 5 c. 5 Educational Endowments (Scotland) Act 1935
26 Geo. 5 &
1 Edw. 8 c. 41
Education Act 1936: raised school leaving age to 15 and authorised building grants of up to 75 per cent for new denominational ‘Special Agreement’ senior schools.
26 Geo. 5 &
1 Edw. 8 c. 42
Education (Scotland) Act 1936
GEORGE VI
1 Edw. 8 &
1 Geo. 6 c. 25
Education (Deaf Children) Act 1937
lowered the school starting age for deaf children.
1 Edw. 8 &
1 Geo. 6 c. 37
Children and Young Persons (Scotland) Act 1937(pdf 1.6mb)
wide-ranging Act covering child protection, employment, criminal proceedings and children in care.
1 Edw. 8 &
1 Geo. 6 c. 46
Physical Training and Recreation Act 1937 (pdf 250kb)
provided for National Advisory Councils and a National College of Physical Training.
1 Edw. 8 &
1 Geo. 6 c. 67
Factories Act 1937 (pdf 22.8mb)
wide-ranging Act including limitations on the employment of young people in hazardous environments.
1 & 2 Geo. 6 c. 40 Children and Young Persons Act 1938
2 & 3 Geo. 6 c. 4 Custody of Children (Scotland) Act 1939
2 & 3 Geo. 6 c. 27 Adoption of Children (Regulation) Act 1939
2 & 3 Geo. 6 c. 60 Senior Public Elementary Schools (Liverpool) Act 1939
2 & 3 Geo. 6 c. 96 Education (Scotland) (War Service Superannuation) Act 1939 (pdf 102kb)
teachers’ war service to be reckoned for superannuation.
2 & 3 Geo. 6 c. 106 Universities and Colleges (Emergency Provisions) Act 1939
4 & 5 Geo. 6 c. 20 Public and Other Schools (War Conditions) Act 1941
4 & 5 Geo. 6 c. 23 Temporary Migration of Children (Guardianship) Act 1941
5 & 6 Geo. 6 c. 5 Education (Scotland) Act 1942
6 & 7 Geo. 6 c. 9 Universities and Colleges (Trusts) Act 1943 (pdf 131kb)
provisions regarding trust property at Oxford, Cambridge and St Mary’s College Winchester.
7 & 8 Geo. 6 c. 8 Guardianship (Refugee Children) Act 1944
7 & 8 Geo. 6 c. 31 Education Act 1944 (pdf 1.8mb)
the ‘Butler Act’ set the structure of the post-war system of state education.
8 & 9 Geo. 6 c. 37 Education (Scotland) Act 1945 (pdf 1.5mb)
the Scottish version of the 1944 Act.
9 & 10 Geo. 6 c. 50 Education Act 1946 (pdf 280kb)
set out arrangements for the management of voluntary and controlled schools.
9 & 10 Geo. 6 c. 72 Education (Scotland) Act 1946
further enactments building on the Education (Scotland) Act 1945.
10 & 11 Geo. 6 c. 36 Education (Exemptions) (Scotland) Act 1947
made temporary provision for children to miss school to help with harvesting the potato crop.
10 & 11 Geo. 6 c. 43 Local Government (Scotland) Act 1947 (pdf 5.9mb)
wide-ranging Act (including provisions relating to education) consolidating previous Acts and amendments.
NI 1947 c. 3 Education Act (Northern Ireland) 1947
a major Act of the Northern Ireland Parliament setting out arrangements for the education system.
11 & 12 Geo. 6 c. 26 Local Government Act 1948 (pdf 1.9mb)
wide-ranging Act (including provisions relating to education) consolidating previous Acts and amendments.
11 & 12 Geo. 6 c. 40 Education (Miscellaneous Provisions) Act 1948(pdf 292kb)
laid down new rules on various administrative matters.
11 & 12 Geo. 6 c. 43 Children Act 1948
made provision for the care and welfare of children without parents or whose parents were unfit or unable to take care of them.
11 & 12 Geo. 6 c. 46 *Employment and Training Act 1948
established the Youth Employment Service.
11 & 12 Geo. 6 c. 53 Nurseries and Child-Minders Regulation Act 1948 (pdf 200kb)
laid down rules for the regulation and inspection of child minders.
12 & 13 Geo. 6 c. 19 Education (Scotland) Act 1949
made various amendments to the Education (Scotland) Act, 1946.
12, 13 & 14 Geo. 6 c. 98 Adoption of Children Act 1949 (pdf 295kb)
made amendments to the Adoption of Children Act 1926.
NI 1950 c. 1 Education (Miscellaneous Provisions) Act (Northern Ireland) 1950
NI 1950 c. 20 Education (Extension of Benefits) Act (Northern Ireland) 1950
NI 1951 c. 10 Education (Amendment) Act (Northern Ireland) 1951
15 & 16 Geo. 6 & 1 Eliz. 2 c. 50 Children and Young Persons (Amendment) Act 1952 (pdf 209kb)
made amendments to the Children and Young Persons Act 1933 and the Criminal Justice Act 1948.
ELIZABETH II
NI 1952 c. 17 Education (Miscellaneous Provisions) Act (Northern Ireland) 1952
1 & 2 Eliz. 2 c. 33 Education (Miscellaneous Provisions) Act 1953(pdf 424kb)
amendments to the 1944 Education Act relating to displaced pupils, controlled schools, dental treatment etc.
1 & 2 Eliz. 2 c. 40 University of St Andrews Act 1953
provided for the re-organisation of University education in St. Andrews and Dundee.
1 & 2 Eliz. 2 c. 45 School Crossing Patrols Act 1953
allowed school crossing patrols to control traffic.
NI 1953 c. 11 Education (Amendment) Act (Northern Ireland) 1953
3 & 4 Eliz. 2 c. 28 Children And Young Persons (Harmful Publications) Act 1955 (pdf 94kb)
banned the publication and sale of ‘horror comics’ etc.
4 & 5 Eliz. 2 c. 24 Children and Young Persons Act 1956
dealt with escapes from approved schools and remand homes etc.
4 & 5 Eliz. 2 c. 53 Teachers (Superannuation) Act 1956 (pdf 572kb)
amended previous legislation relating to teachers’ pensions in England and Wales and in Scotland.
4 & 5 Eliz. 2 c. 75 Education (Scotland) Act 1956
made various amendments to the Education (Scotland) Act, 1946.
NI 1956 c. 15 Educational Endowments (Confirmation of Schemes) Act (Northern Ireland) 1956
NI 1956 c. 24 Education (Amendment) Act (Northern Ireland) 1956
6 & 7 Eliz. 2 c. 40 Matrimonial Proceedings (Children) Act 1958
sought to protect the interests of children in divorce cases.
6 & 7 Eliz. 2 c. 55 Local Government Act 1958 (pdf 1.9mb)
wide-ranging Act including provisions relating to education.
6 & 7 Eliz. 2 c. 65 Children Act 1958
made new provisions for the protection of children living away from their parents and amended the law relating to adoption.
NI 1958 c. 28 Education (Amendment) Act (Northern Ireland) 1958
7 & 8 Eliz. 2 c. 60 Education Act 1959
gave the Minister greater powers relating to grants and loans to aided schools and special agreement schools.
7 & 8 Eliz. 2 c. 72 Mental Health Act 1959 (pdf 2.9mb)
wide-ranging Act including provisions relating to children.
8 & 9 Eliz. 2 c. 33 Indecency with Children Act 1960 (pdf 61kb)
strengthened the law relating to sexual offences against children, especially young girls.
NI 1960 c. 9 Education (Amendment) Act (Northern Ireland) 1960
10 & 11 Eliz. 2 c. 12 Education Act 1962 (pdf 240kb)
required LEAs to provide students with grants for living costs and tuition fees; placed legal obligation on parents to ensure that children received a suitable education at school or otherwise – failure to comply could result in prosecution; made LEAs legally responsible for ensuring that pupils attended school.
10 & 11 Eliz. 2 c. 33 *Health Visiting and Social Work (Training) Act 1962 (pdf 5.1mb)
10 & 11 Eliz. 2 c. 47 Education (Scotland) Act 1962 (pdf 2.6mb)
major Act consolidating previous legislation relating to education in Scotland.
NI 1962 c. 11 Education (Amendment) Act (Northern Ireland) 1962
1963 c. 20 Remuneration of Teachers Act 1963
gave the Minister powers relating to the remuneration of teachers.
1963 c. 21 Education (Scotland) Act 1963
miscellaneous provisions relating to examinations and teachers’ salaries and pensions.
1963 c. 33 London Government Act 1963
abolished London County Council (LCC) and replaced it with the Greater London Council (GLC).
1963 c. 37 Children and Young Persons Act 1963 (pdf 1020kb)
extended LEAs’ responsibilities for the welfare of children.
NI 1963 c. 27 Education (Amendment) Act (Northern Ireland) 1963
1964 c. 16 Industrial Training Act
made further provision for industrial and commercial training.
1964 c. 51 Universities and College Estates Act 1964 (pdf 164kb)
amended the law relating to university and college property.
1964 c. 75 Public Libraries and Museums Act
made provision for improvements in the public library service.
1964 c. 82 Education Act 1964 (pdf 64kb)
the ‘Boyle Act’ allowed the creation of middle schools.
1965 c. 3 Remuneration of Teachers Act 1965
set out new provisions for determining the remuneration of teachers.
1965 c. 7 Education (Scotland) Act 1965
amended the Education (Scotland) Act 1963.
1965 c. 19 Teaching Council (Scotland) Act 1965 (pdf 336kb)
provided for the establishment of a General Teaching Council for Scotland.
1966 c. 13 Universities (Scotland) Act 1966 (pdf 356kb)
provided for the reconstitution of the universities of St Andrew’s, Glasgow, Aberdeen and Edinburgh and for the foundation of the University of Dundee.
1966 c. 42 Local Government Act 1966 (pdf 880kb)
made various changes in funding between central government and LEAs. Section 11 dealt with the funding of education for immigrant children.
NI 1966 c. 18 Education (Amendment) Act (Northern Ireland) 1966
1967 c. 3 Education Act 1967 (pdf 68kb)
gave the Secretary of State greater powers in relation to grants and loans to aided and special agreement schools etc.
1968 c. 12 Teachers Superannuation (Scotland) Act 1968(pdf 262kb)
amended teachers’ superannuation arrangements.
1968 c. 17 Education Act 1968 (pdf 180kb)
laid down rules about changing the character of a school (eg to comprehensive).
1968 c. 37 Education (No. 2) Act 1968
made further provision for the government of colleges of education, other further education institutions and special schools maintained by local education authorities.
1969 c. 49 Education (Scotland) Act 1969
amended various laws relating to education in Scotland, especially the 1962 Education (Scotland) Act.
1969 c. 54 Children and Young Persons Act 1969 (pdf 2.2mb)
gave LEAs responsibilities for children not receiving education or in need of care and control.
1970 c. 14 Education (School Milk) Act 1970
extended the provision of free school milk to junior pupils in middle schools.
1970 c. 52 Education (Handicapped Children) Act 1970 (pdf 60kb)
transferred responsibility for education of severely handicapped children from health authorities to LEAs.
1971 c. 2 Teaching Council (Scotland) Act 1971 (pdf 64kb)
allowed General Teaching Council for Scotland fees to be deducted from salaries.
1971 c. 42 Education (Scotland) Act 1971
amended the law relating to free education and the charging of fees in Scotland.
1971 c. 74 Education (Milk) Act 1971
limited the provision of free milk in schools (and led to the jibe ‘Thatcher, Thatcher, milk snatcher’).
1972 c. 44 Children Act 1972
the minimum age at which children could be employed was not to be affected by changes in the school leaving age.
1972 c. 70 Local Government Act 1972
a wide-ranging Act which reduced the number of LEAs from 146 to 104 (implemented on 1 April 1974).
1973 c. 16 Education Act 1973 (pdf 296kb)
provisions relating to certain educational trusts and local education authority awards.
1973 c. 23 Education (Work Experience) Act 1973 (pdf 52kb)
allowed LEAs to organise work experience for final year school students.
1973 c. 24 Employment of Children Act 1973 (pdf 144kb)
new regulations and supervision by local authorities.
1973 c. 32 National Health Service Reorganisation Act 1973
transferred the school health service from LEAs to Area Health Authorities, but LEAs still responsible for dental and medical inspections.
1973 c. 50 Employment and Training Act 1973 (pdf 1.5mb)
required LEAs to set up careers services; established the Manpower Services Commission (MSC) under the Department of Employment, the Employment Service Agency and the Training Services Agency.
1973 c. 59 Education (Scotland) Act 1973
increased the powers of the Secretary of State in relation to the employment of teachers.
1974 c. 7 Local Government Act 1974 (pdf 2.2mb)
wide-ranging Act including some provisions relating to education.
1974 c. 27 Education (Mentally Handicapped Children) (Scotland) Act 1974 (pdf 123kb)
required Scottish education authorities to provide for the education of mentally handicapped children.
1975 c. 2 Education Act 1975
amended the law relating to local education authority grants, awards to students at adult education colleges, and increased central government funding for aided and special agreement schools.
1975 c. 61 Child Benefit Act 1975
replaced family allowances with child benefit.
1975 c. 65 Sex Discrimination Act 1975 (pdf 1.8mb)
had effects on school admissions, appointments and curricula.
1975 c. 72 Children Act 1975 (pdf 1.8mb)
wide-ranging Act relating to the adoption, custody and care of children.
1976 c. 5 Education (School-leaving Dates) Act 1976 (pdf 56kb)
a minor amendment to section 9 of the 1962 Education Act.
1976 c. 20 Education (Scotland) Act 1976
miscellaneous provisions relating to school starting and leaving dates, supply of milk etc.
1976 c. 74 Race Relations Act 1976 (pdf 1.3mb)
new laws relating to discrimination and race relations with implications for schools and education authorities.
1976 c. 81 Education Act 1976 (pdf 148kb)
gave the Secretary of State the power to ask LEAs to plan for non-selective (ie comprehensive) secondary education (repealed by the Conservatives in 1979).
1978 c. 13 Education (Northern Ireland) Act 1978
facilitated the establishment in Northern Ireland of integrated schools for pupils of different religious affiliations.
1978 c. 37 Protection of Children Act 1978 (pdf 115kb)
made illegal the making and distribution of indecent photographs of children.
1979 c. 49 Education Act 1979 (pdf 40kb)
repealed Labour’s 1976 Act – allowed LEAs to retain selective secondary schools.
1980 c. 5 Child Care Act 1980 (pdf 1.6mb)
wide-ranging Act largely consolidating previous legislation relating to the role of local authorities and voluntary organisations.
1980 c. 6 Foster Children Act 1980
consolidated previous legislation relating to foster children.
1980 c. 20 Education Act 1980
instituted the assisted places scheme (public money for children to go to private schools), gave parents greater powers on governing bodies and over admissions, and removed LEAs’ obligation to provide school milk and meals.
1980 c. 44 Education (Scotland) Act 1980 (pdf 2.1mb)
wide-ranging Act largely consolidating previous legislation.
1980 c. 65 Local Government, Planning and Land Act 1980(pdf 6.4mb)
wide-ranging Act involving changes to the block grant.
1981 c. 58 Education (Scotland) Act 1981 (pdf 1.3mb)
wide-ranging Act including the provision of assisted places at private schools.
1981 c. 60 Education Act 1981 (pdf 496kb)
based on the 1978 Warnock Report, gave parents new rights in relation to special needs.
1982 c. 20 Children’s Homes Act 1982 (pdf 250kb)
provided for the registration, inspection and conduct of homes for children in local authority care.
1983 c. 40 Education (Fees and Awards) Act 1983
provisions relating to university fees and grants for non-UK students.
1984 c. 6 Education (Amendment) (Scotland) Act 1984 (pdf 37kb)
gave the Secretary of State power to control the use of dangerous materials or apparatus in Scottish schools.
1984 c. 11 Education (Grants and Awards) Act 1984 (pdf 88kb)
introduced Education Support Grants (ESGs) – central government funds given to LEAs for specific purposes.
1984 c. 33 Rates Act 1984 (pdf 782kb)
set limits on local authority expenditure by ‘rate-capping’.
1984 c. 37 Child Abduction Act 1984 (pdf 258kb)
amended the criminal law relating to the abduction of children.
1984 c. 56 Foster Children (Scotland) Act 1984 (pdf 549kb)
consolidated previous legislation.
1985 c. 47 Further Education Act 1985 (pdf 193kb)
empowered local authorities to supply goods and services through further education establishments; amended sex discrimination rules relating to PE teachers.
1985 c. 60 Child Abduction and Custody Act 1985 (pdf 623kb)
enabled the UK to ratify international Conventions relating to child abduction and custody decisions.
1986 c. 1 Education (Amendment) Act 1986 (pdf 37kb)
brief Act increasing education support grant limits and removing payment for lunch duties from the 1965 Remuneration of Teachers Act.
1986 c. 9 Law Reform (Parent and Child) (Scotland) Act 1986 (pdf 561kb)
provisions relating to ‘birth out of wedlock’, parental rights and duties etc.
1986 c. 10 Local Government Act 1986 (pdf 438kb)
Section 2 prevented local authorities from publishing political material.
1986 c. 28 Children and Young Persons (Amendment) Act 1986 (pdf 115kb)
amended the law relating to children and young people in care.
1986 c. 40 Education Act 1986 (pdf 92kb)
required LEAs to give governors information on funding.
1986 c. 61 Education (No. 2) Act 1986 (pdf 1.6mb)
required LEAs to state policies, governors to publish annual reports and hold parents’ meetings; laid down rules on admissions, political indoctrination and sex education; abolished corporal punishment; ended Secretary of State’s duty to make annual reports.
1987 c. 1 Teachers’ Pay and Conditions Act 1987
abolished the negotiating procedures set up by the 1965 Act – Secretary of State imposed teachers’ pay and conditions until 1991.
1988 c. 9 Local Government Act 1988
included the notoriously homophobic Section 28 (which was repealed by New Labour in November 2003).
1988 c. 19 Employment Act 1988 introduced bridging allowance for young people waiting to take up YTS place. MSC renamed the Training Commission.
1988 c. 40 Education Reform Act 1988 (pdf 45.9mb)
major act establishing the National Curriculum, testing regime, Local Management of Schools (LMS) etc.
1988 c. 47 School Boards (Scotland) Act 1988
required Scottish local authorities to establish School Boards.
1989 c. 38 Employment Act 1989 (pdf 352kb)
abolished the Training Commission.
1989 c. 39 Self-Governing Schools etc. (Scotland) Act 1989(pdf 1.4mb)
the Tories’ failed attempt to get Scottish schools to opt out of local authority control: only two did so and they both later reversed their decision.
1989 c. 41 Children Act 1989 (pdf 6.0mb)
wide-ranging Act covering local authority services, children’s homes, fostering, child minding and adoption.
1990 c. 6 Education (Student Loans) Act 1990 (pdf 116kb)
introduced ‘top-up’ loans for higher education students and so began the diminution of student grants.
1991 c. 14 Motor Vehicles (Safety Equipment for Children) Act 1991 (pdf 61kb)
an amendment to the Road Traffic Act 1988.
1991 c. 48 Child Support Act 1991 (pdf 823kb)
tightened up the law on maintenance payments.
1991 c. 49 School Teachers’ Pay and Conditions Act 1991(pdf 172kb)
established a review body but gave the Secretary of State the final say.
1992 c. 13 Further and Higher Education Act 1992 (pdf 1.6mb)
removed further education and sixth form colleges from LEA control and established Further Education Funding Councils (FEFCs), unified the funding of higher education under the Higher Education Funding Councils (HEFCs), introduced competition for funding between institutions, abolished the Council for National Academic Awards.
1992 c. 37 Further and Higher Education (Scotland) Act 1992 (pdf 1.7mb)
new arrangements for the funding and management of colleges in Scotland.
1992 c. 38 Education (Schools) Act 1992 (pdf 4.2mb)
new arrangements for the inspection of schools led to the creation of Ofsted (Office for Standards in Education).
1993 c. 35 Education Act 1993 (pdf 19.1mb)
changed the funding of GM schools, laid down rules for pupil exclusions and for ‘failing’ schools, abolished NCC and SEAC and replaced them with the School Curriculum and Assessment Authority (SCAA), defined special educational needs.
1994 c. 16 University of London Act 1994 (pdf 61kb)
made new provision for the making of statutes for the University.
1994 c. 30 Education Act 1994 (pdf 3.7mb)
established the Teacher Training Authority (TTA) and laid down new regulations relating to student unions.
1995 c. 34 Child Support Act 1995 (pdf 459kb)
made provisions relating to child support maintenance and other maintenance.
1995 c. 36 Children (Scotland) Act 1995 (pdf 3.4mb)
wide-ranging Act covering adoption, relationships between parents/guardians and children and children’s homes.
1996 c. 9 Education (Student Loans) Act 1996 (pdf 56kb)
extended the provision of student loans.
1996 c. 43 Education (Scotland) Act 1996 (pdf 901kb)
established the Scottish Qualifications Authority, enabled grants for nursery providers etc.
1996 c. 50 Nursery Education and Grant-Maintained Schools Act 1996 (pdf 2.1mb)
introduced unsuccessful voucher scheme for nursery education (later withdrawn by Labour), and allowed governors of GM schools to borrow money.
1996 c. 56 Education Act 1996 (pdf 1.6mb)
huge act mainly consolidating all education acts since 1944.
1996 c. 57 School Inspections Act 1996 (pdf 8.0mb)
consolidated previous legislation on school inspections.
1997 c. 44 Education Act 1997 (pdf 996kb)
wide-ranging but much watered down because of the forthcoming general election. Abolished NCVQ and SCAA and replaced them with the Qualifications and Curriculum Authority (QCA).
1997 c. 59 Education (Schools) Act 1997 (pdf 92kb)
New Labour’s first education act abolished the assisted places scheme and proposed binding home-school agreements (the latter not implemented).
1998 c. 1 Education (Student Loans) Act 1998 (pdf 88kb)
transferred provision of student loans to the private sector.
1998 c. 30 Teaching and Higher Education Act 1998 (pdf 836kb)
established the General Teaching Council (GTC), abolished student maintenance grants and required students to contribute towards tuition fees.
1998 c. 31 School Standards and Framework Act 1998 (pdf 940kb)
encouraged selection by specialisation, changed the names of types of schools, limited infant class sizes, established Education Action Zones etc.
1999 c. 14 Protection of Children Act 1999 (pdf 86kb)
provided for a list to be kept of persons considered unsuitable to work with children.
2000 c. 14 Care Standards Act 2000 (pdf 430kb)
wide-ranging Act including provisions relating to children; created the post of Children’s Commissioner for Wales.
2000 c. 16 Carers and Disabled Children Act 2000 (pdf 66kb)
made provisions about the assessment of carers’ needs and services to help carers etc.
2000 c. 19 Child Support, Pensions and Social Security Act 2000 (pdf 594kb)
wide-ranging Act amending various laws.
2000 c. 21 Learning and Skills Act 2000 (pdf 484kb)
established the Learning and Skills Councils for England and Wales, allowed city technology colleges to be renamed city academies.
2000 c. 35 Children (Leaving Care) Act 2000 (pdf 78kb)
more duties for local authorities, replacing section 24 of the 1989 Children Act.
2001 c. 10 Special Educational Needs and Disability Act 2001 (pdf 799kb)
amended Part 4 of the 1996 Education Act – made further provision against discrimination on grounds of disability.
2001 c. 18 Children’s Commissioner for Wales Act 2001 (pdf 123kb)
made further provisions relating to the role of the Commissioner.
2002 c. 32 Education Act 2002 (pdf 6.4mb)
wide-ranging Act which implemented the proposals in the 2001 white paper.
2002 c. 38 Adoption and Children Act 2002 (pdf 3.8mb)
wide-ranging Act restating and amending the law relating to the adoption of children.
2004 c. 6 Child Trust Funds Act 2004 (pdf 119kb)
made provisions regarding child trust funds and related matters.
2004 c. 8 Higher Education Act 2004 (pdf 196kb)
based on the 2004 white paper, it allowed universities to charge variable top-up fees.
2004 c. 31 Children Act 2004 (pdf 280kb)
based on the 2003 green paper Every Child Matters.
2005 c. 6 Child Benefit Act 2005 (pdf 147kb)
redefined those entitled to child benefit.
2005 c. 18 Education Act 2005 (pdf 648kb)
mostly concerned with changes to the inspection regime.
2006 c. 3 Equality Act 2006 (pdf 406kb)
established the Commission for Equality and Human Rights with implications for schools.
2006 c. 20 Children and Adoption Act 2006 (pdf 201kb)
made provisions regarding contact with children, family assistance orders, risk assessments etc.
2006 c. 21 Childcare Act 2006 (pdf 381kb)
new rules relating to the provision, regulation and inspection of childcare.
2006 c. 40 Education and Inspections Act 2006 (pdf 1.0mb)
very controversial – passed only with Tory support.
2007 c. 25 Further Education and Training Act 2007 (pdf 196kb)
new arrangements relating to further education and the Learning and Skills Council for England.
2008 c. 6 Child Maintenance and Other Payments Act 2008
established the Child Maintenance and Enforcement Commission.
2008 c. 10 Sale of Student Loans Act 2008 (pdf 86kb)
allowed the government to sell off student loans.
2008 c. 11 Special Educational Needs (Information) Act 2008 (pdf 61kb)
amended the 1996 Education Act in relation to the provision and publication of information about children with special educational needs.
2008 c. 23 Children and Young Persons Act 2008
new arrangements for the provision of social work services.
2008 c. 25 Education and Skills Act 2008 (pdf 672kb)
raised the education leaving age to 18; Key Stage 3 SATs effectively abolished.
2009 c. 22 Apprenticeships, Skills, Children and Learning Act 2009 (pdf 1.0mb)
created a statutory framework for apprenticeships.
2010 c. 9 Child Poverty Act 2010 (pdf 140kb)
set targets relating to the eradication of child poverty.
2010 c. 15 Equality Act 2010 (pdf 745kb)
wide-ranging Act which replaced nine major Acts of Parliament and almost a hundred sets of regulations which had been introduced over several decades.
2010 c. 26 Children, Schools and Families Act 2010 (pdf 124kb)
based on the 2009 white paper but much reduced because of the impending election.
2010 c. 32 Academies Act 2010
coalition government’s first education act provided for massive and rapid expansion of academies.
2011 c. 21 Education Act 2011
increased schools’ powers relating to pupil behaviour and exclusions, further diminished the role of local authorities, further expansion of academies etc.
2014 c. 6 Children and Families Act 2014 (pdf 1.5mb)
wide-ranging Act covering adoption, family justice, special educational needs and disabilities, childcare, welfare of children, the Children’s Commissioner, statutory rights to leave and pay, time off work and ante-natal care, flexible working rights.

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3 LAW ENTRANCE EXAMINATIONS 

Law Entrance Examination (CLAT)

BLAT : (Banaras Hindu University Law entrance exam)
LAWCET : (Law Common Entrance Test)
LSAT : (Law School Admission Test)
AILET : (All India Law Entrance Test)
RULET : (Rajasthan University LLB Entrance Test)
ILSAT : (ICFAI Law School Admission Test)
KLSAT : (KIIT Law School Admission Test)
AMU Law : (Aligarh Muslim University Law Entrance Exam)
ILICAT : (Indian Law Institute Common Admission Test)
KLEE : (Kerala Law Entrance Exam)
GNDU-CET: (Guru Nanak Dev University Common Entrance Test)