In this article, Dr.V.Ramprasath Manohar, who is currently pursuing M.A. IN BUSINESS LAWS, from NUJS, Kolkata, discusses Regulations for Collaboration between Indian and Foreign Educational Institutes.
Introduction
In the era of globalisation and liberalisation, collaboration between Indian and Foreign educational institutions is gaining the momentum in India. Hence, increased aspiration of Indian institution to have collaboration with foreign educational institution to improve their brand value and increased competition among foreign educational institutions to capture the vast Indian educational market have necessitated setting the framework of regulations for regulating such collaboration between Indian and Foreign educational institution. In this essay, an attempt is made to understand the framework of such regulations and its consequences.
Need for Collaboration between Indian and Foreign educational institutes
In the 21st century of knowledge, it is important to focus on higher education to improve the prosperity of nation. The largest aspiring youth population of India have to be provided with the quality higher education and cutting edge technical skills to compete effectively in global scale. Only few of the Indian educational institutions are being placed in world top class institutions. Indian education system has the advantages like high number of students, English as primary medium in higher education and autonomy of academic institutions etc. Whereas Foreign educational institutions have high technical knowledge, updated curriculum and effective content delivery system etc. Hence, collaboration between Indian and foreign education institutions will lead to synergy between both Indian and foreign educational institutions in terms of academic and research and development.
Objectives of regulations for collaboration between Indian and Foreign Educational Institutions
The major objectives of regulations for collaboration between Indian and foreign educational institutions are
- Regulations are aimed at systematise and establish the framework for collaboration and facilitation of mutually beneficial collaboration
- Regulations are essential to safeguard the interest of students of India from any spurious foreign institutions.
- Regulations are aimed to ensure maintenance of uniform standards in quality of higher education in compliance to various statutory bodies in India.
- Regulations are aimed at preventing any non-accredited Indian and foreign educational institutional collaboration and thereby ensuring quality of higher education in India.
- Regulations are aimed at protection of national interest to prevent any anti-national academic curriculum, research and development in India.
Regulatory bodies and regulations for collaboration between Indian and foreign educational institutions
In India, UGC and AICTE are the regulatory bodies for regulating collaboration between Indian and foreign educational institutions.
AICTE is the regulatory body for regulating such collaboration in the field of Technical Education, Research and Training. AICTE has also issued guidelines for collaboration and twinning programme. This guideline prescribes various eligibility conditions, procedures for approving collaboration between Indian and foreign educational institutions.
Whereas, UGC is the regulatory body for regulating foreign collaboration of Indian universities and colleges other than technical institutions which are regulated by AICTE. For this purpose, UGC has recently repealed it’s 2012 regulations and enacted UGC (Promotion and Maintenance of Standards of Academic Collaboration between Indian and Foreign Educational Institutions) Regulations, 2016. The new enactment is brought out by UGC to enhance the qualitative and effective collaboration between Indian universities and colleges and foreign institutions.
Eligibility criteria for Collaboration as prescribed by UGC and AICTE regulations
UGC regulations 2016, section 3 prescribes the eligibility conditions of collaborating foreign institution as well as Indian institutions.
As per section 3(1) of the said UGC regulations, the foreign institution shall be accredited with the highest grade or threshold level accreditation in their homeland by accreditation agency. Similarly, AICTE guidelines also mandate that the foreign educational institution shall be accredited in their parent country.
As per section 3(2) of the UGC regulations, An Indian Educational Institutions with a grade not less than B grade and have experience of at least six years or have at least two batches of students graduating, are eligible to collaborate with foreign educational institution. Further, UGC guidelines prescribe that the collaborating Indian educational institution should have basic academic infrastructure, including laboratory and workshop facilities and library. However, AICTE regulations mandated that Indian education institution has to be approved by the AICTE with prescribed quality can collaborate with foreign educational institutions.
Further, both the UGC and AICTE regulations impose a condition that, Indian educational institution collaborating with foreign educational institution, shall publicly display academic requirements and details of collaboration programme. In order to safeguard the interest of national security and territorial integrity of India, any programme which is against national security and territorial integrity should not be conducted with foreign institutional collaborations. In order to safeguard the interest of students undergoing such collaborative programme, regulations place onus to redress the grievances of students on the Indian Educational Institution entering into such academic collaboration.
Procedure for approval for Indian and foreign educational institution collaboration
UGC regulation is recently amended to streamline and simplify the procedure of collaboration between Indian and foreign educational institution. Earlier, foreign educational institution had to apply for collaboration. Since, foreign educational institutions are not aware about the legal framework of India, foreign educational institutions are reluctant to collaborate. Therefore, it was amended in order to enable Indian educational institutions to initiate and apply for collaboration with foreign educational institutions. Indian educational institution has to prepare a draft MOU for collaboration and draft MOU is to be approved by UGC. Thereafter, Indian educational institution has to apply in a separate online portal with MOU of collaboration between Indian and foreign educational institutions. The approval for collaboration is valid for minimum two cycles of degree programme and it can be renewed thereafter to continue collaboration.
AICTE also mandates that a tripartite or bipartite MOU between collaborating institutions to be submitted to the council for approval of collaboration. NOC form the embassy of foreign institute’s parent country to be submitted for collaboration and twinning programme.
Further, UGC regulation mandates that students who enrolled for collaborative programme should undergo minimum two semesters in case of degree programme and one semester in case of post graduate programme in parent country of foreign educational institutions. AICTE regulation mandates minimum one semester study in foreign country campus.
Violations of regulations by collaborating institutions
As per UGC regulations, section 7 deals with violations of regulations by collaborating institutions. In case of any collaborating institutions violates the regulatory provisions and also terms and conditions of MOU, the approval of collaboration shall be revoked after hearing the institution. However, while revoking the permission for collaboration, the interest of students who have already enrolled for collaboration programme shall be protected. Further, UGC shall also take action under section 14 of the UGC act against violating institutions. In case, any Indian education institution indulged in false claiming of foreign institutional collaboration or else collaborate without necessary UGC approval, penal action shall be initiated against such institutions.
As per AICTE regulations, any foreign educational institutions which is violating the regulations or else failing to comply with the directions of AICTE, AICTE may withdraw the approval for collaboration. Further, such violations shall be intimated to external affairs ministry and their embassy for further action as per law of their country. The visa issued to employees of such institution may be withdrawn. Repatriation of funds from India to their origin country may be prohibited with the help of RBI.
Importance of regulations for collaboration between Indian and Foreign Educational Institutions
Regulations are important to establish the legal framework for collaboration and to safeguard the interest of students of India from any spurious foreign institutions. Regulations ensure maintenance of uniform standards in quality of higher education in compliance to various statutory bodies in India.
Critical analysis of functioning of regulations for collaboration
Over the years, functioning of regulations for collaboration between Indian and foreign educational institutions are not satisfactory. Prior to 2016 amendment of UGC regulations, UGC has not received any proposals from foreign university for collaboration. This is mainly due to cumbersome procedure or lack of awareness about the procedure of collaboration amongst foreign educational institutions. Further, uncertainty of policy regulations make the foreign university as reluctant.
UGC regulations are cautious approach towards collaboration between Indian and Foreign educational institutions. Previous instance of mushrooming of unhealthy collaborations are being averted by this cautious approach. In 2016 amendments, it was mandatory for both Indian and foreign educational institutions to have accreditation from the prescribed accreditation agencies.
Further, UGC regulations are having provision to safeguard the interest of students who are victim of any failure of collaborating institutions. But there is no detail mechanism on safeguarding the interest of students.
With respect to penal provisions of UGC and AICTE regulations, only withdrawal of approval of collaborations is provided. There are no stringent penal provisions like fine or imprisonment is not being provided in regulations.
Renewal of registration of collaboration after two academic cycles, this provision aimed at maintaining the quality of collaboration after initial approval of collaboration. However, without prescribed criteria for review and renewal of collaboration, this renewal will be arbitrary. Arbitrary procedure to renewal will deter the collaborating institutions from collaborations.
Comparative analysis of distinguished features of UGC Regulations (amendment) 2016 and 2012 regulations
The amendments in UGC (Promotion and Maintenance of Standards of Academic Collaborations between Indian and Foreign Educational Institutes) Regulations, 2012 was brought in 2016 and these amendments are effort to simplify and streamlining the effective collaboration between Indian educational institutions and foreign educational institutions. As well as these amendments are an effort to promote the quality of collaboration with the protection of students interest.
Importantly, 2016 amendment has limited the regulations to programme which are leading to award of degree. Whereas post graduate diploma programme were removed out of regulatory framework of collaboration between Indian and foreign educational institutions. Thus the scope of regulation is limited to only the critical part of higher education. Thus other programmes of higher education provide wide opportunity to collaborating foreign educational institutions to design and develop various collaborative or twinning programmes. Further, the burden of regulation of multiple courses by UGC was lessened. Thereby now, UGC regulatory efforts can be focussed on most critical part of higher education.
Further, 2016 amendment has brought in more focus on quality of higher education. The regulations 2016, has increased the eligibility criteria for quality accreditation requirements for collaboration. More stringent quality parameters were imposed both on Indian and Foreign educational institutions. Further, a subcommittee of experts in international education and jurisprudence is constituted in new UGC regulatory regime to scrutinize the applications of collaboration. This committee will bring in more expertise in scrutiny of application as well as it will enhance more transparency in regulations. Arbitrariness of regulatory body is being minimised by involving experts in subcommittee.
The process of regulations is streamlined with the use of online portal for approval of applications of collaborations. These online applications have to be disposed of within 60 days and the reasons for rejection have to be clearly mentioned. Thus arbitrariness, delay and corruption involved in approval of collaborations are being effectively minimised.
Further, protection of student’s interest is a high priority agenda of UGC regulations 2016. By imposing mandatory condition of minimum duration of study in foreign institutional campus, the quality of collaboration is addressed. For undergraduate programme, minimum two semesters should be spent in foreign university campus and in case of post graduation programme it is minimum one semester. Thus, minimum assured duration of exposure of Indian students in foreign country is being ensured. Thereby the collaboration between Indian and foreign educational institutions will lead to real improvement in quality of education to Indian students. In case of 2012 UGC regulations, there is no such minimum assured foreign exposure to students.
Challenges and scope for evolution of regulatory regime
Though, amended UGC regulations 2016 is a positive step towards enhancing the scope and application of regulation in the field of collaboration between Indian and Foreign educational institutions. But still, there is a great scope for leveraging the collaboration between foreign and Indian educational institutions. But, collaboration among the Indian and foreign educational institution are to be expanded in the field of academic content development, curriculum improvement, sharing of infrastructure, faculty exchange programme, student exchange programme and research and development.
Further, there are regulatory gaps in UGC and AICTE regulations. Such regulatory gaps have to be identified on continuous basis and there should be an innovative approach to resolve such regulatory gaps and failures over the years.
Regulations of collaboration between Indian and foreign educational institutions are mainly focussing on higher and technical education. Many of the professional institutions in the field of medicine, veterinary science, agriculture, horticulture need to be specially regulated to meet their specific requirements. Because, such institutions have their own unique needs and challenges of collaboration with foreign institutions. Therefore, ‘one size fit to all’ approach may not go in long way to address the diversified needs and challenges of collaboration between Indian and foreign educational institutions. In addition, collaboration in the area of primary and secondary education is rarely thought about it. Hence, regulations of collaboration in primary and secondary education are also to be evolved over the years.
Further, there is a growing demand for setting up of foreign educational institutional campus in India. So far it is not being allowed. However, in china and middle East countries, foreign educational institutions are allowed to set up their own campus. Though, Indian regulatory regime has no provisions for such regulations. But over the years, it is going to be an emerging trend in collaborations between foreign and Indian educational institutions. Such collaborations will bring more financial and technological resources from foreign countries to India and revolutionise the field of education in India.
However, free hand to foreign institutions and scrupulous collaboration will also have potential harmful impact on Indian educational institutions and also on Indian education system. Those potential disadvantageous aspects of collaborations to be continuously identified and regulations have to evolve dynamically to explore opportunities and to overcome challenges.
Conclusion
To conclude, collaboration between Indian and foreign educational institutions in higher and technical educations are being regulated by the regulations of UGC and AICTE respectively. These regulations aimed at improving the quality of higher education through collaboration and twinning degree programmes. The collaboration between Indian and foreign educational institution may lead to improvement in curriculum, content and its delivery, infrastructural availability, exposure to the Indian student and faculty. UGC regulations are amended in 2016 to meet the pitfalls of 2012 regulations. Overall, recent amendment in UGC regulations has attempted to streamline, simplify and efficient collaborations between Indian and foreign educational institutions with the more focus on improving quality of collaborations and protection of interest of students. However, the challenges and opportunities of collaboration are unlimited and it needs constant expansion and evolution of regulatory regime in an innovative manner but by always upholding the quality of education and interest of students and nation.
Reference
- UGC (Promotion and Maintenance of Standards of Academic Collaborations between Indian and Foreign Educational Institutes) Regulations, 2012
- UGC (Promotion and Maintenance of Standards of Academic Collaborations between Indian and Foreign Educational Institutes) Regulations, 2016
- AICTE regulations on collaboration & Partnerships between Indian and Foreign Universities / Institutions in the field of Technical Education, Research and Training
- aicte-india.org
- ugc.ac.in
- http://www.ugc.ac.in/pdfnews/3825480_Foreign-Collaboration-Regulations.pdf
