Can private university open off campus study center ?

Private universities have been a part of the Indian education system for several decades. However, the question of whether they should be allowed to open off-campus study centers has been a contentious one. This article will examine the current situation in India and analyze the guidelines and rules set forth by the University Grants Commission (UGC).

UGC GUIDELINES AND RULES 

The University Grants Commission (UGC) is the regulatory body responsible for the coordination, determination, and maintenance of standards of university education in India. In order to regulate the functioning of private universities in India, UGC has prescribed certain guidelines and rules, which the universities are required to follow.

As per the UGC guidelines, private universities have the authority to grant degrees that are recognized by the UGC under Section 22 of the UGC Act, 1956. However, such universities must obtain approval from the relevant statutory councils, as necessary, through their primary campus. Private universities are not permitted to affiliate with any institution or college.

In addition, it is not permissible for private universities to establish centers outside the geographical limits of the relevant state. After completing five years of operation, private universities can establish off-campus centers within the state, subject to prior approval from the UGC. However, so far, the UGC has not approved any off-campus centers of any private university.

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Private universities are also required to maintain the minimum standards regarding academic and physical infrastructure as laid down by the concerned statutory council. Additionally, private universities cannot start any course under distance mode without prior approval from the UGC. Information about the validity of the courses offered under distance mode may be obtained from the Distance Education Bureau of UGC, located in North Delhi.

As per the UGC (Establishment and Maintenance of Standards in Private Universities) Regulations of 2003, private universities are obliged to furnish the UGC with all the necessary details about their undergraduate, postgraduate degree, and diploma programs in a format provided by the UGC before the commencement of such courses. The UGC shall then examine the information provided and any representations and grievances received from students and the concerned public relating to deficiencies of the proposed programs not conforming to various UGC regulations. The UGC shall inform the concerned university about any shortcomings in respect of conformity to relevant regulations, which the university shall rectify before offering the programs.

In summary, UGC guidelines and rules prescribe the minimum standards that private universities must follow to maintain academic and physical infrastructure, start courses under distance mode, and establish off-campus centers within the concerned state after five years of existence with the prior approval of the UGC.

CONSEQUENCES OF CHHATTISGARH NIJI KSHETRA VISHWAVIDYALAYA (STHAPANA AUR VINIYAMAN) ADHINIYAM, 2002:

The Chhattisgarh Legislature enacted the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002, which allowed private universities to be established in the state. As a result, more than 100 private universities were established within a year, without proper infrastructure facilities or educational delivery standards. This led to concerns about the quality of education provided by these private universities.

Supreme Court and High Court Judgments:

In response to the concerns about the quality of education provided by private universities, a case was filed before the Supreme Court of India titled Prof. Yashpal & Anr. vs. State of Chhattisgarh & Ors. The Supreme Court provided a clear stance on the matter, stating that private universities cannot affiliate an institution/college and cannot establish off-campus centers beyond the territorial jurisdiction of the concerned state. However, they can establish off-campus centers within the concerned state after their existence for five years and with the prior approval of the University Grants Commission. So far, UGC has not approved any off-campus centers of any private university.

The judgment of the Supreme Court was reiterated by the Himachal Pradesh High Court in a separate case. The court emphasized that private universities must comply with the UGC guidelines and maintain minimum standards regarding academic and physical infrastructure as laid down by the concerned statutory council.

UP GOVERNMENT'S NEW LAW ALLOWING PRIVATE UNIVERSITIES TO OPEN OFF-CAMPUS STUDY CENTERS

In a significant move, the Uttar Pradesh government has amended the Private University Act 2017, allowing private universities to open off-campus centers. The state's deputy chief minister and education minister, Dinesh Sharma, made the announcement on Tuesday, stating that private universities can now operate off-campus centers under the new Uttar Pradesh Private Universities Act 2019. The amendment allows off-campus centers to work as a constituent unit of private universities without the right to grant affiliation to them.

The new policy marks a significant shift in the state's education sector, as private universities will no longer require the state government's approval to get autonomy status. Additionally, the Private Universities Act 2019 provides power to the university's executive council to ratify the first statutes, granting more autonomy to private universities. The amendment also includes provisions for granting permission to private universities to establish a new campus if they possess a piece of land in the state.

The move is expected to attract more private players to the education sector, thereby improving the education level of the state. The new policy will enable students in remote districts to access quality education without the need to travel long distances to attend classes. The state government's decision has been welcomed by private universities, who view this as an opportunity to expand their reach and provide better education to students across the state. However, concerns remain regarding the regulation of these off-campus centers and the quality of education they will provide.

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