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Which panel suggested capping MPhil and PhD seats: Delhi High Court asks UGC
Business Standard | Press Trust of India | New Delhi May 16, 2017 |
The Delhi High Court today asked the University Grants Commission (UGC) to state which experts panel had suggested limiting the number of seats per supervisor for MPhil and PhD courses in varsities. “You (UGC) file a written submission as to which experts committee suggested to bring down the number of seats of research scholars per faculty,” a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar asked. The direction was issued during the hearing of a plea challenging UGC’s admission norms for MPhil and PhD courses in the country. The Students’ Federation of India (SFI) has moved the court challenging the constitutional validity of the UGC (Minimum Standards and Procedure for Award of MPhil and PhD degree) Regulations 2016 which came into effect from July 5, 2016. The students’ body has termed the regulations as “irrational, unreasonable and arbitrary” and alleged that they were contrary to the Fundamental Rights and the Directive Principles of State Policy.
Apart from the SFI, three students — one from the Jawaharlal Nehru University (JNU) and two from the Delhi University (DU) — who aspire to pursue MPhil and PhD courses from JNU have challenged the regulations. The students and the SFI have contended that the regulations have resulted in a massive cut in seats for the MPhil and PhD courses for the 2017-18 academic year. Their petition said that compared to 970 seats in the last academic year for these two degrees, this year the number of seats has dropped to 102. The seats have come down due to the capping of the number of students per research supervisor for MPhil and PhD courses, the petition has submitted. It has contended that the cap was put without consulting or informing students and without improving infrastructure. The petitioners have challenged various provisions of the regulations including those laying down a minimum percentage requirement of 55 per cent for general category and 50 per cent for reserved category, as well as the 100 per cent weightage given to viva-voce (oral) exam. Apart from striking down of the regulations, they have sought filling up of the vacancies in the posts of Professors, Associate Professors and Assistant Professors to avoid reduction of seats in MPhil and PhD courses in the academic year 2017-18. As per JNU’s admission prospectus for the current academic year, the last date for submitting applications was April 5. – Courtesy
Delhi High Court stays order upholding JNU admission policy for MPhil and PhD courses based on UGC regulations 2016
Business Standard | Press Trust of India | New Delhi April 25, 201 |
The Delhi High Court has stayed its single judge order upholding the Jawaharlal Nehru University’s (JNU) admission policy for MPhil and PhD courses based on the UGC regulations. The July 2016 regulations of the University Grants Commission (UGC) had put a cap on the number of students per professor/supervisor in MPhil and PhD courses in all varsities. A single judge of the high court had held that the JNU admission policy was bound by the UGC regulations and the varsity had to accept them without any deviation. It had given the finding while dismissing some students’ plea challenging the JNU’s admission policy based on the UGC regulations.
However, a two-judge bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra, on an appeal filed by the students, has stayed “the effect and operation of the findings on law” of the single judge till April 28. The bench passed the interim order as the findings of the single judge “would have wide ramifications” and the appellant students had “made out a prima facie case”. “In view thereof, it is directed that till the next date of hearing, there shall be a stay of the effect and operation of the findings on law of the single judge,” the bench said. The students, in their appeal, have contended that the single judge had “erroneously granted complete supremacy to the applicability of the UGC Act”. – Courtesy
Students’ drowning: Himachal Pradesh HC orders Rs.20 lakh compensation
Business Standard | IANS | Shimla January 2, 2016 |
The Himachal Pradesh High Court on Saturday ordered compensation of Rs.20 lakh each to the families of 24 students of a Hyderabad engineering college who were washed away in the Beas river last year, to be paid within eight weeks. A division bench of Chief Justice Mansoor Ahmad Mir and Justice Tarlok Singh Chauhan directed that the compensation amount, including the interim compensation of Rs.5 lakh will be paid with interest at the rate of 7.5 percent per annum from Saturday till its final realisation is awarded. The bench, which treated a media report as a public interest litigation, said the state electricity board that runs the Larji hydropower project, responsible for the release of water into the river, would share 60 percent of the compensation, while the college and the hill state will pay 30 and 10 percent, respectively.
The high court on June 25 had ordered interim compensation of Rs.5 lakh each to the families of each student who were washed away. The 24 students of V.N.R. Vignana Jyothi Institute of Engineering and Technology in Hyderabad and a tour operator were swept away on June 8 last year near Mandi town after water from a nearby state-run hydropower project dam was released without warning. The students were on a tour to Manali. Earlier, turning down a plea of the engineering institute to modify or recall its order to pay interim compensation to the families of each victim, the high court had directed the college management to refund the amount of tuition fee of the students within two weeks. The judges, who reserved the judgment on December 14, observed that the news about the incident was so shocking and pricking that it shattered everyone. “Keeping in view the fact that the parents lost their sons/daughters, who were undergoing engineering course and were expected to be at least engineers, which is so painful and cannot be redressed by any relief, rather no substitute is available,” the bench had observed. – Courtesy
TN: CBI Court Awards One Year Rigorous Imprisonment,RI to Founders of Engineering College
By PTI , Published: 27th May 2014 04:18 PM.
CHENNAI: A CBI Special Court has sentenced the two founders of a charitable trust near here, to one year Rigorous Imprisonment for cheating the All India Council for Technical Education (AICTE).
The court also imposed a fine of Rs 5,000 each on Dr Harivasagam and M G Sekar of the Harivasagam Charitable Trust that runs the VKK Vijayan Engineering College on charge sheets filed by the CBI, a CBI release here said.
The then AICTE Advisor, Nagin Chand who was earlier charge sheeted was “acquitted” by the CBI Court, it said.
The anti-corruption branch of CBI investigated the case in 2009 on charges that the founders had cheated the AICTE “for not complying with the conditions and rectifications” pointed out by the expert committee of AICTE in 2005 to get approval for running the institution, the release said.
Apex court lets AICTE to approve technical institutes
“Approval Process Handbook (2013-14) is presently in force and the same has been extended and made applicable for the Academic Year 2014-15 as well. AICTE shall now proceed in accordance with the Approval Process Handbook for the Academic Year 2014-15. Necessary orders shall be issued by AICTE within 10 days,” said the order issued by the bench of justices L M Lodha and Kurien.
AICTE officials said they were studying the order and added that they would continue with their policies. “If we are given back approval powers we will not keep any restrictions with regard to starting technical institutions,” said S S Mantha, chairman of AICTE. The liberal allocation of technical institutions was one of the policies that has been heavily criticised. Mantha’s words indicate a continuity of the policies if AICTE gets back the powers.
Former Anna University vice chancellor E Balagurusamy said the order was a heartening development and added that AICTE was doing a commendable job and expected the agency would get complete powers over technical and management institutions as before.
High Court Validates AICTE Stance
By Express News Service – KOCHI Published: 07th March 2014 10:34 AM
The Kerala High Court on Thursday upheld the decision of the All India Council for Technical Education (AICTE) to not grant Extension of Approval (EoA) to institutions with office-bearers who have been chargesheeted in criminal cases.
A Division Bench comprising Justice K M Joseph and Justice A K Jayasankaran Nambiar passed the order on an appeal filed by Palakkad Institute of Science and Technology against a single judge’s order upholding the AICTE’s refusal to extend the approval for the college.
The court said that the appellant has a case that the chairman of the Trust, against whom the CBI had filed a chargesheet, had resigned from the Trust. The provisions of the Approved Process Handbook (APH) clearly indicate that disqualification incurred is for the institution concerned which applies for the Extension of Approval (EoA).
The court observed that apart from conferring a power to frame regulations, section 10 of the Act makes it the duty of the AICTE to take all steps it may think fit for ensuring coordinated and integrated development of technical education and maintain standards. Hence, there was no legal infirmity in clause 3.1(d) of the APH which refuses approval to chargesheeted institutions. The regulation in this regard was notified on September 27, 2012.
The court noted that the UGC (Affiliation of Colleges by Universities) Regulations, 2009, clearly indicated that while the power to frame independent norms to regulate technical education in affiliated colleges/institutions is with the UGC, the UGC itself has chosen to adopt the regulations of the AICTE in the exercise of the power.
AICTE norms need to be considered: HC
Mathrubhumi Education Online
Kochi, March 7, 2014: It is necessary to take into consideration the provisions of the All India Council for Technical Education while looking into the application for extending the accreditation of an engineering course, the High Court has ordered.
A division bench constituting Justice K M Joseph and Justice A K Jayashankaran Nambiar on Thursday gave the order citing that the UGC has approved AICTE regulations even as it is the regulating authority since 2009.
The university, acting on the guidelines of UGC, are the controlling authority of technical education. However, UGC has approved the AICTE norms for formulating these guidelines. The High Court has given the order based on an earlier order by Supreme Court on the matter.
The court was hearing an appeal given by Palakkad Institute of Science and Technology under Kollangod Educational Trust against AICTE for disapproving extension of permission to 2012-2013 and 2013-2014 courses.
The High Court has also ordered to reconsider the application to extend the accreditation to 2012-2013 courses. However, the court upheld the disapproval of recognition for 2013-2014 courses.
College authorities had not admitted students in the particular year. This was as per an AICTE norm, which denies accreditation for the college if there is any CBI case pending against any board members of the trust. As per the order, the norm stands even if the particular board member quits the post.
http://education.mathrubhumi.com/php/news_events_details.php?nid=33580
Can’t sit in judgment on validity of tech degree, says court
Manish Raj,TNN | Mar 7, 2014,
CHENNAI: The Madras high court has said it is not competent to decide the validity of a technical degree for appointments or promotions. Noting that Indira Gandhi National Open University (IGNOU) does not have to obtain approval from the All India Council for Technical Education (AICTE) to offer technical courses, the court directed a defence sector employee to move the University Grants Commission (UGC) for necessary relief.
Rajesh P Sankaramatam, an employee of Combat Vehicles Research and Development EstablishmenAt (CVRDE), Avadi, completed a three-year diploma in mechanical engineering from IGNOU in 2012. Next year, CVRDE called applications for senior technical assistant’s post, specifying the minimum qualification as diploma in engineering. But his application was rejected on the ground that the IGNOU course had not been approved by the AICTE.
He moved the Central Administrative Tribunal, which dismissed his petition. Later, he approached the high court. CVRDE, in its counter, said the AICTE, as a policy, does not recognize technical courses done through distance education mode. Rajesh’s counsel M Dhandapani argues that being a university, IGNOU could commence a technical course without approval from the AICTE.
A division bench of Justice N Paul Vasanthakumar and Justice P Devadass said the court had already directed CVRDE not to reject the application and if the examination was scheduled during pendency of the petition, Rajesh was eligible to appear. Directing him to approach UGC, it said, “In the matter of higher education, it is necessary to maintain minimum standards of education and such minimum qualifications are required to be defined by UGC.”
Selection of 1,400 assistant professors in Haryana under high court lens
CHANDIGARH: Haryana government’s move to select around 1,400 assistant professors for various colleges in the state, has come under scanner of the Punjab and Haryana high court, which on Friday issued notice to the state for prescribing the selection criteria in contravention of University Grant Commission (UGC) norms.
In the selection criteria, the state government has refused to exempt the Ph.D degree holders from passing NET examination for these selections.
Division bench headed by Justice Jasbir Singh of the HC has also asked the Principal Secretary department of higher education Haryana to file an affidavit on February 12 to justify the criteria.
The matter has reached before the HC through a petition filed by Rajeev Mohan of Ambala and others. The petitioners informed that on January 24 this year, the Haryana Public Service Commission (HPSC) had advertised 1396 posts of Assistant Professors of various subjects for its college cadre in which the Ph.D degree holders has not been considered for selection.
It was submitted that the UGC provides that those candidates who have been awarded Ph.D degree in compliance with UGC (Minimum standards and procedure for award of Ph.D degree) regulation 2009 has been permanently exempted from the passing the NET examination.
These rules were also adopted by the Haryana government. It was further informed that on September 3, 2013, the Haryana government framed rules in which it deleted the exemption clause in complete contravention of UGC guidelines.
Counsel for the petitioners, Amit Khatkar argued that the Haryana government decision to delete the exemption clause for Ph.D holders is in direct contradiction with UGC regulations because the state is bound to give full effect to the decision taken by UGC.
Khatkar further informed that despite being fully qualified as per UGC norms the applications of the petitioner are not being considered online by the HPSC. Counsel sought directions to quash the Haryana government notification issued on September 3, 2013 and the advertisement issued by the HPSC on January 24 for filling 1396 posts of Assistant Professors.
The case would now come up for hearing on February 12.
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