Legislation UpdatesRules & Regulations

F.No. 14-4/2012(CPP-II).—In exercise of the powers conferred under clause (g) of sub-section (1) of Section 26 of the University Grants Commission Act, 1956 (3 of 1956), and in supersession of the University Grants Commission (Grievance Redressal) Regulations, 2012, the University Grants Commission hereby makes the following regulations, namely –

1. SHORT TITLE, APPLICATION AND COMMENCEMENT:

a) These regulations shall be called as the University Grants Commission (Redress of Grievances of Students) Regulations, 2019.

b) They shall apply to all higher education institutions, whether established or incorporated by or under a Central Act or a State Act, and every institution recognized by the University Grants Commission under clause (f) of Section 2 of the University Grants Commission Act, 1956 and to all institutions deemed to be a University declared as such under Section 3 therein.

c) They shall come into force from the date of their publication in the Official Gazette.

2. OBJECTIVE:

To provide opportunities for redress of certain grievances of students already enrolled in any institution, as well as those seeking admission to such institutions, and a mechanism thereto.

3. DEFINITION: IN THESE REGULATIONS, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) “Act” means the University Grants Commission Act, 1956 (3 of 1956);
(b) “aggrieved student” means a student, who has any complaint in the matters relating to or connected with the grievances defined under these regulations.
(c) “college” means any institution, so defined in clause (b) of sub-section (1) of Section 12A of the Act.
(d) “Collegiate Student Grievance Redressal Committee” (CSGRC) means a committee constituted under these regulations, at the level of an institution, being a college.
(e) “Commission” means the University Grants Commission established under Section 4 of the UGC Act, 1956.
(f) “declared admission policy” means such policy, including the process there under, for admission to a course or program of study as may be offered by the institution by publication in the prospectus of the institution.
(g) “Departmental Student Grievance Redressal Committee” (DSGRC) means a committee constituted under these regulations, at the level of a Department, School or Centre of a University.
(h) “grievance” means, and includes, complaint(s) made by an aggrieved student in respect of the following, namely:

  i. admission contrary to merit determined in accordance with the declared admission policy of the institution;
  ii. irregularity in the process under the declared admission policy of the institution;
iii. refusal to admit in accordance with the declared admission policy of the institution;
  iv. non-publication of prospectus by the institution, in accordance with the provisions of these regulations;
v. publication by the institution of any information in the prospectus, which is false or misleading, and not based on facts;
vi. withholding of, or refusal to return, any document in the form of certificates of degree, diploma or any other award or other document deposited by a student for the purpose of seeking admission in such institution, with a view to induce or compel such student to pay any fee or fees in respect of any course or program of study which such student does not intend to pursue;
  vii. demand of money in excess of that specified to be charged in the declared admission policy of the institution;
viii. violation, by the institution, of any law for the time being in force in regard to reservation of seats in admission to different category of students;
ix. nonpayment or delay in payment of scholarships or financial aid admissible to any student under the declared admission policy of such institution, or under the conditions, if any, prescribed by the Commission;
x. delay by the institution in the conduct of examinations, or declaration of results, beyond the schedule specified in the academic calendar of the institution, or in such calendar prescribed by the Commission;
  xi. failure by the institution to provide student amenities as set out in the prospectus, or is required to be extended by the institution under any provisions of law for the time being in force;
xii. non-transparent or unfair practices adopted by the institution for the evaluation of students;
xiii. delay in, or denial of, the refund of fees due to a student who withdraws admission within the time mentioned in the prospectus, or as may be notified by the Commission;
xiv. complaints of alleged discrimination of students from the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Women, Minority or persons with disabilities categories;
xv. denial of quality education as promised at the time of admission or required to be provided; and
xvi. harassment or victimization of a student, other than cases of harassment, which are to be proceeded against under the penal provisions of any law for the time being in force.

Please follow the link for detailed notification: NOTIFICATION


[Notification dt. 06-05-2019]

University Grants Commission

Legislation UpdatesNotifications

PREAMBLE

No. F. 1-2/2018 (CPP-I/DU)—To regulate, in an orderly manner, the process of declaration of institutions of academic excellence as Deemed to be Universities; and, further to maintain quality of higher education imparted by Institutions Deemed to be Universities consistent with the ideals of the concept of a University; the University Grants Commission, in exercise of powers conferred under clauses [f] & [g] of subsection [1] of Section 26 of the University Grants Commission Act, 1956, hereby, makes the following Regulations namely:-

1.0  SHORT TITLE, APPLICATION AND COMMENCEMENT

1.1 These Regulations may be called the UGC [Institutions Deemed to be Universities] Regulations, 2019.

1.2 These Regulations shall apply to every institution seeking declaration as an Institution Deemed to be University, as also, albeit prospectively, to an institution which has been declared as an Institution Deemed to be University under Section 3 of the UGC Act, 1956.

1.3 They shall come into force with effect from the date of their notification in the Official Gazette.

1.4 These Regulations shall replace the UGC (Institutions Deemed to be Universities) Regulations, 2016.

2.0 DEFINITIONS

In these Regulations, unless the context otherwise requires:

2.01 “Act” means the University Grants Commission Act, 1956 [Act 3 of 1956].

2.02 “Campus” means campus of the Institution Deemed to be University at its headquarters, wherein its major facilities, faculty, staff, students and its Academic Departments are located in a city /town/village in India; and includes all the campuses situated in the same territorial jurisdiction.

2.03 “Commission” means the University Grants Commission (UGC) constituted under the Act.

2.04 “Category” means the category of Institution Deemed to be University under theUniversity Grants Commission (Categorization of Universities (only)for the Grant of Graded Autonomy) Regulations, 2018; and “Category I” and ”Category II” shall be construed accordingly.

2.05 “Constituent Institution” means an institution operating under the administrative, academic and financial control of the sponsoring body and declared as such under the Notification.

2.06 “Constituent Unit” means unit(s) of the Institution existing on the date of submission of proposal to be declared as an Institution Deemed to be University.

2.07 “De-novo Institution” means an institution with the focus on teaching and research in unique and ‘emerging areas of knowledge’ so determined by the Commission after a due process,

2.08 “Emerging area of knowledge” in the context of De-Novo Institutions means such specialized/niche areas of knowledge which are considered desirable and useful and not usually imparted in the country.

2.09 “Expert Committee” means a Committee consisting of academics or other experts in the relevant fields of knowledge or practice to be nominated by Chairman of the Commission and include representatives of the Statutory bodies; and there may be as many Expert Committees as the Commission may determine for different purposes.

2.10 “Government”, unless the context so specifies, means the Central Government in the Ministry of Human Resource Development allocated with business pertaining to higher education.

2.11 “Institution” means an institution of higher education engaged in teaching and research at the undergraduate, postgraduate or higher levels.

2.12 “Institution Deemed to be University” means an institution of higher education so declared, on the advice of the Commission, by the Government under Section 3 of the Act.

2.13 “Necessary Infrastructure” means infrastructure as required under the norms of concerned Statutory Body/Commission.

2.14 “Off-Campus centre” means a centre of the Institution Deemed to be University, approved by the Government and situated beyond its Campus within India.

2.15 “Off-Shore Campus” means a centre of the Institution Deemed to be University approved by the Government and situated beyond its campus outside India.

2.16 “Processing Fee” means the charges that have to be paid by the applicant institution to the Commission along with the application for processing such application.

2.17 “Notification” means a notification issued by the Government in the Official Gazette declaring an institution of higher education, as an Institution Deemed to be University under Section 3 of the Act.

2.18 “Sponsoring body” means a body being a charitable or a not-for-profit Society or Trust or Company under Section 8 of Companies Act 2013 making an application for declaring an institution under its administrative, academic and financial control as a Deemed to be University.

2.19 “Statutory Body” means a body constituted under any law for the time being in force for determining or maintaining standards of quality in the relevant areas of higher education such as the All India Council for Technical Education (AICTE), Medical Council of India (MCI), Dental Council of India (DCI), National Council for Teacher Education (NCTE), Bar Council of India (BCI), Indian Nursing Council (INC), or any other such regulatory body established under an Act of Parliament.

2.20 “Teacher” means a member of the regular faculty at the levels of Professor, or Associate Professor or Assistant Professor, and includes adjunct faculty and faculty on a long-term contract of not less than three years.

2.21 “University” means a University defined in the University Grants Commission Act, 1956.

2.22 “NAAC” means National Assessment and Accreditation Council.

2.23 “NBA” means National Board of Accreditation.

2.24 “NIRF” means National Institutional Ranking Framework.


For detailed notification, please follow the link: Notification

[Notification dt. 20-02-2019]

University Grants Commission

Legislation UpdatesRules & Regulations

Higher Educational Institutions can now offer Certificate, Diploma and Degree Programmes in full-fledged online mode in line with their regular programs.
In a landmark reform in the field of Higher Education, University Grants Commission has approved UGC (Online Courses) Regulations, 2018. Higher Educational Institutions can offer Certificate, Diploma and Degree Programmes in full-fledged online mode in only those disciplines in which it has already been offering the same or similar Programmes /Courses at graduation level in regular mode (of classroom teaching) or in Open and Distance Learning mode and from which at least one batch has been graduated and approved by the statutory councils, as applicable. Online Programmes requiring Practical/ Laboratory Courses as a curricular requirement shall not be permitted.  The Examinations shall be conducted in proctored mode and in conformity with any norms for such examinations stipulated by the commission. The online learning shall have minimum four quadrants: video lectures, e- content, self-assessment and discussion forum to clarify doubts.

The Higher Educational Institutions will be eligible to offer Online Programmes if they have been in existence for at least five years and are accredited by the National Assessment and Accreditation Council (NAAC) with a valid minimum score of 3.26 on a 4-point scale; and should be in the top-100 in overall category in the National Institutional Ranking Framework (NIRF) for at least two years in the previous three years. However, NAAC and NIRF conditions shall not be applicable to existing government Open Universities till NAAC or similar accreditation system or NIRF are made available.

Aadhaar and Passport shall be used to authenticate the Indian and foreign students respectively for all online interactions including teaching-learning and examinations.

The learners’ engagement will be monitored via participation in asynchronous / synchronous discussions, assignment activity and Programme involvement. The analytics of Learning Management System shall be used for ensuring the learner’s participation at least for 2 hours every fortnight.

Overall Regulations provide enabling provisions for maintaining sanctity of admissions, teaching-learning, examination, authenticity of the learner and mandatory disclosure of Programme-wise information such as duration, start & end dates, fee, number of students, name of students with identifier, results, on HEI website/public domain.

These regulations will be made applicable from the academic session 2018-19. This initiative is a big step towards attaining the targeted GER of 30% by the year 2020.

Ministry of Human Resource Development

Case BriefsHigh Courts

Rajasthan High Court: Shri Vinayak Mahavidhlaya, the petitioner-college has enrolled students in the academic session 2016-17 for B.Sc. First year without having a valid NOC from the State Government, or an affiliation for the course from the respondent-University. Retrospective affiliation to a college was refused to be granted as per clause 3.4.1 of the University Grants Commission (Affiliation of Colleges by Universities) Regulations, 2009 which provides that colleges can impart instruction only in subjects and for courses/programmes in the faculties, for which affiliation has been granted by the University concerned and retrospective affiliation will not be granted.

The University of Rajasthan affiliation rules apply to affiliations by the respondent-University by virtue of Section 49 of the Shekhawati University Act, 2012 under which it has been established. Rule 2.4.5 of the affiliation rules of the University of Rajasthan provides that an application to start a new college or to run fresh course(s) should be accompanied by an appropriate order from the Government permitting the Society/Trust to start the college with details of the courses/programmes intended to be offered. NOC of the State Government permitting the commencement of 3 year B.Sc. degree course was held to be a sine-qua-non for the respondent-University allowing affiliation to the petitioner college for its B.Sc. 3 year degree in the academic session 2016-17.

The respondent-University had informed the petitioner-college that it had violated the UGC Affiliation Regulations of 2009 as also the instructions of the State Government by admitting students in B.Sc. First Year in the academic session 2016-17 without having the requisite affiliation.

It was held that the petitioner-college was operating beyond the realm of law as it could not in any circumstance seek retrospective affiliation for its three year B.Sc. Degree course in the absence of a valid NOC issued by the State Government. [Shri Vinayak Mahavidhlaya v. Pandit Deendayal Upadhyaya Shekhawati University,  2017 SCC OnLine Raj 2205, decided on 10.08.2017]