HECI To Replace UGC, Draft Bill Placed in Public Domain For Comments

As part of efforts to improve the quality of higher education in India and bringing more and more educational institutes to international standards, the Union Government has approved the Higher Education Commission of India (Repeal of University Grants Commission Act) Bill 2018.

The draft Bill, prepared by the Ministry of Human Resource Development, has been placed in the public domain for comments and suggestions from the various stakeholders.

The focus of Higher Education Commission of India (HECI) will be on improving academic standards and the quality of Higher Education, a Ministry release said.

Bringing an end to ‘Inspection Raj’, regulation will be carried out through transparent public disclosures, merit-based decision making on matters regarding standards and quality in higher education.

The University Grants Commission (UGC), that the HECI seeks to replace, came into existence on December 28, 1953. It 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.

As far as business education is concerned, the Indian Institutes of Management (IIMs) have been out of the purview of the UGC in the past and been granted more autonomy under the Indian Institutes of Management Act 2017.

The proposed Commission is expected to provide more autonomy and facilitate the holistic growth of the education system. Along with downsizing the scope of the government as a regulator, there will be the separation of the grant functions which would be carried out by the HRD Ministry. The HECI would be able to focus solely on academic matters, unlike the UGC that was tasked with disbursing of the grant.

Bringing an end to ‘Inspection Raj’, regulation will be carried out through transparent public disclosures, merit-based decision making on matters regarding standards and quality in higher education.

HECI will have the mandate of improving academic standards with a specific focus on learning outcomes, evaluation of academic performance by institutions, men toring of institutions, training of teachers, promote the use of educational technology etc.

It will develop the norms for setting standards for opening and closure of institutions, provide for greater flexibility and autonomy to institutions, lay standards for appointments to critical leadership positions at the institutional level irrespective of University started under any Law (including State Law).

The Regulator will have powers to enforce compliance with the academic quality standards and will have the power to order the closure of sub-standard and bogus institutions. Non-compliance could result in fines or jail sentence.

The HECI will provide a roadmap for mentoring of institutions found failing in maintaining the required academic standards. It will also have the power to enforce its decisions through legal provisions in the Act, unlike the UGC that had only advisory powers.

The Commission will have the power to grant authorization for starting of academic operations on the basis of their compliance with norms of academic quality. The constitution of the Commission is strengthened by the co-option of Chairpersons of regulatory bodies in higher education, namely the AICTE and the NCTE.

The Chairpersons/Vice-Chairpersons and members will be scholars of eminence and standing in the field of academics and research, possessing leadership qualities, proven capacities for institution building and deep understanding of issues of higher education policy and practice.

The Bill also provides for the penal provisions, which albeit graded in nature, will cover withdrawal of power to grant degrees/ diplomas or direction to cease academic operations and in cases of willful non-compliance, may result in prosecution sanction as per the Criminal Procedure Code with a punishment of imprisonment for a term which may extend up to 3 years.

There will be an Advisory Council to render advice to the Commission on matters concerning coordination and determination of standards in India. The Council will be represented by the Chairpersons/Vice-Chairpersons of State Councils for Higher Education and chaired by the Union Minister for HRD.

The Commission will also specify norms and processes for fixing of fee chargeable by higher education institutions and advice the Central Government or the State Governments, as the case may be, regarding steps to be taken for making education affordable to all.

The Commission will monitor, through a national database, all matters covering the development of emerging fields of knowledge and balanced growth of higher education institutions in all spheres, especially in the promotion of academic quality in higher education.