‘Distance and Online Education cannot have boundaries’
PTU courses get UGC-AICTE-DEC nod
April 29; New Delhi. The distance education students enrolled in various courses offered by the Punjab Technical University (PTU), Jalandhar may take a sigh of relief as the PTU was granted approval of ‘UGC-AICTE-DEC joint Committee’ for programs being offered through Distance Education Mode in its 35th meeting held on 10th March 2010 at New Delhi.
The approval also clarified the confusion created by the Union HRD minister Kapil Sibal that universities cannot offer courses beyond their jurisdiction. It was specified in the decision that Distance Education and Online Education ‘cannot have boundaries or state jurisdiction and therefore these programs should be offered as per the ACT and statues of the University.
The ministry of HRD through Gazette notification No.44 dated March 1, 1995 had stated that all the qualifications awarded through Distance Education by the Universities stand automatically recognized for the purpose of employment in Central Government offices and for all purposes of Higher Education, provided it has been approved by Distance Education Council.
It is worth mentioning that the educationists and policymakers had understood the necessity and importance of distance education as early as ‘80s. They knew that it is of paramount importance in carrying the light of higher education further and deeper. Only after this kind of consensus in the Parliament, the Act to set up Indira Gandhi National Open University (IGNOU) was passed. The IGNOU Act, 1985 mandated upon the IGNOU to set up Distance Education Council (DEC) to coördinate, promote, assess and accredit institutions and programmes offered by open and distance learning system as also to prevent through such measures as are considered appropriate, institutions from offering sub-standard courses and programmes.
For around two decades, i.e. till May 2007, the DEC remained sole and independent body regulating the distance education in the country. This perhaps didn’t suit some quarters in the Ministry of Human Resource Development so a bubble of DEC-UGC-AICTE joint body was created without any legal or constitutional force behind it. It was apparently thrust upon the DEC to associate with the UGC and the AICTE without any such provision in the Acts under these bodies were constituted. This invalid addition of the UGC and AICTE in the function of the DEC was never ratified in any of the three bodies, yet the game of giving approvals in the name of this unconstitutional joint body has been going on for past almost three years.
In 2009, came the new clerics of education and education politics and they gave a new ‘firman’ on distance education. No one has in the past nine months or so challenged the so-called new policy. In the haste of issuing new orders, the authorities in the HRD ministry didn’t even go through the already existing Act and provisions. Sooner or later it would have to be cross-examined.
Not only the PTU, but many other universities which had been running programmes under distance education with DEC permission were thrown into a fix by a letter demanding re-approval to be sought from the joint body. The students, both enrolled and passed out, remain confused about validity of their degrees. All this was done in the name of ‘better coordination between the statuary bodies of higher education’. The confusion and unnecessary harassment of students and the universities shall continue until and unless the universities decide to take a stern stand and come out openly against the whimsical directives of the HRD ministry. They may choose their course of action against the situation, but one thing is sure that it’s not going to change on its own.
sir, u did wonderful job in the intrest of new generation, but u did’t mention about the verdict given by supreme court of india in 2001for approval from aicte.
its pertinent to mention here that aicte itself given reply under rti act that degree/diploma aquired through distance mode approved by DEC does’t require aicte approval.
any committee can’t have retrospetive effect on the degree/diploma aquired prior to the formation that committee.
thanks
Dear Mr Taufik
A lot of thanks for putting in additional information. As far as the SC verdict in 2001 is concerned, it may be taken as redundant after the recent verdict. In the meantime, another development has also taken place. The unconstitutional AICTE-UGC-DEC joint committee ceases to exist as the MoU (unratified) forming such a body had specified a period of three years which expired in May 2010. Now, only DEC has the right to approve institutions for distcance education, as envisaged in the IGNOU Act under which the DEC was formed. Thanks for writing back.
Shrikant
I agree with you. Can I get a document regarding term of joint committee which has expired.
Dear Mr. Yogesh, You may get the document from these bodies by demanding the same under RTI provisions. I have secured such a copy and in case you don’t get it from the bodies concerned, I may provide a photocopy of the same. The term of the MoU is mentioned therein and there has been no notification or any other move to extend the MoU that expired in May 2010.
The most important part of the controversy is that the said MoU couldn’t have been legally operative even for a day as the three bodies signing the MoU did not ratify it in their general body meetings, which was obligatory. Also, legally they couldn’t do so as the DEC is the authorized body created under the IGNOU Act, an act of the Parliament, which has been entrusted with the job of ensuring proper development of distance education, in all modes. No one can add or delete even a word on their own without going through the constitutionally laid down procedure for an amendment in Acts.
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i would be extremely happy that there must be only the ministry of human resource to have a nod to all university in INDIA and no so called body can be dominating and doing any type of corruption and promoting any illegal act thankyou
Sir,
I enrolled for BCOM at ICFAI Tripura in the year 2008 when DEC had given approval.Due to frequent controversies being raked up I was not able to focus. Do you think that I can get a valid degree if I Complete this course.
Dear Hemlata, don’t you think that such move shall adversely affect continuity of policies, if any, and tie it down to political overtones of the party in power at any given time?
I agree with shrikantasthana and taufik ahmad. Any decision cannot have retrospective effect. Any course approved by DEC before formation of joint committee stand approved.
Can I get any document mentioning above. Further can I get a dcument stating that term of joint committee has expired. Can joint committee approve (post facto) courses conducted before its formation. Please reply on yogeshchaba@yahoo.com
I agree with you. But Surprisingly still visits of joint committee are going on for approval of courses(Dec 2010). How this is possible
sir, why hrd of Madhya pradesh taking action agains dec , ugc recognished study center ever they are filing FIR agains Director (study centre) what the resion & rules behind it.plz reply soon
Sir,
Almost all the documents related to the distance education is available with us i.e.
1. Supreme court verdict, photo copy of original verdict in respect of Aicte approval ” Aicte approval is not necessary for universities.
2. Term of MOU b/w AICTE/UGC/DEC expired on 09.05.2010 as per DEC Letter.
3. AICTE given reply under RTI that Degree diploma obtained throug distance mode approved by DEC does not requirs AICTE approval.
4. AICTE reply under rti act. Altough it is not mandatory to seek prior approval from aicte in case of universities, institution declared deemed to be universities, in the observation of Honable Supreme Court in case of Bhartidashan university v/s Aicte & others.
5. AICTE only can inspect for assesing the standared of education and can not give any instruction to the university. AICTE can can submit report to the UGC only not more than this.
6. AICTE through public notices never published that Approval is necessary for universities.
7. After singing the MOU b/w AICTE/UGC/DEC it is mandatory to take approval of joint committee to run the programe in distance mode.
8. Before the formation the Joint Committee, there were no role of AICTE in case of Universities.
9. NO committe, MOU, or any other provision can invalidate the degree prior to the formation of any law,act, MOU etc. Thanks will be back with more information on this topic. Thanks.
My id is ( taufikahmad2007@rediffmail.com )
1. I agree that it is not mandatory to seek prior approval from AICTE in case of universities, institution declared deemed to be universities. Is this rule applicable for distance education courses or regular courses or both.
2. On one side GOI has declared AMIE(which is through Distance Education) as recognized degree equivalent to BTech and on other side MHRD has issued letter that BTech can not be started through Distance Education. AICTE has also issued letter that AMIE is not approved course.
Yogesh Chaba
3.
Dear Dr Taufik Ahmad,
Can you please mail me above mentioned documents on my EMail: yogeshchaba@yahoo.com
Just 15 days back AICTE has issued advertisement that approval of joint committee is required for any distance education programme. I could not understand if term of joint committee has expired in may 2010 how can AICTE issue such advertisement in May 2011.
Observations of Mr Taufik Ahmad dt February 26, 2011 are very logical. Can I get document in support (Dr Yogesh Chaba – yogeshchaba@yahoo.com)
Dear sir, I had completed my MCA from MDU (Rohtak) through distance in Jan 2004. It is now approved by DEC as post facto but I want to know does it stiil require AICTE approval?
No, dear Pawan ji. As far as I understand the legal provisions, even post facto approval by the DEC was not mandatory. However, the DEC has gone this extra-mile to ensure validity of your degree. There is no new joint DEC-AICTE-UGC committee after such a purported body ceased to exist last year. The Distance Education Council is a statutory body under the provisions IGNOU Act and in fact no other expert body could have stripped it of its role as assigned in the act. The UGC and AICTE had been maliciously inducted by then HRD minister & MHRD babus just to keep a tab on DEC. However, neither the UGC, nor the AICTE or the IGNOU ratified the MoU amongst the three bodies to form this joint committee for approval of courses by Distance Education institutions. Even the 2007 MoU signed and not ratified was for a period of three years. Thereafter, there has been no such move. I don’t think you need to worry. Yet, you may prefer to use a RTI asking for documents related with the formation of the said joint committee and its authority. This request may be made before the DEC and also to the UGC and AICTE.
Dear sir,
I wish to know the online MBA programme of Dr.C.V.Raman University, Bilaspur approved by DEC?I also wish to know whether Dr.C.V Raman University conducting MBA in distance mode? Please give me an immediate reply.
thank you
RAKESH
Dear Rakesh ji, Online education is one of the modes of distance education and any institution recognized by the Distance Education Council may offer online courses. As per the information available on Distance Education Council website, the Dr. CV Raman University Bilaspur has provisional approval since 2009-10 till a committee visits it and submits its recommendations. As such there should be no problem, yet you may like to visit the Distance Education Council website and contanct the council for clarifications, if any.
Dear Mr Pawan Kumar
I would like to inform you that rest assured, your degree is very valid degree. Please note down following facts:
1. Universities and deemed universities do not require prior approval of AICTE to award any degree both through regular mode and distance mode. Document of AICTE available at : http://www.iaseuniversity.org.in/download/aicte_letter.jpg
2. As per MHRD notification (March 1995)any technical degree through distance education should be approved by DEC and AICTE if necessary(approval od AICTE is not necessary in case of universities – document available as mentioned in point no 1)
3. Joint committee was from May 2007 to May 2010. Legally AICTE cannot issue any public notification about joint committee after May 2010.
4. AMIE (equal to BTech) is also not approved by AICTE which is not a regular course
Dr Arvind Kumar
Dear sir, I read all your comments. I really appreciate the job. There is a lot of confusion prevailing over the distance education programmes. The main confusion is regarding MHRD circular of 1995 which mandates apex bodies (AICTE for MCA) approval alongwith DEC in case of professional degrees. But at the same time, no university has taken approval from AICTE during Jan 2004 for MCA in distance. Also there is RTI answer which i have seen in which RTI offical says that for distance education AICTE approval is not required. The time of discussion here is of Jan 2004. I my case (MCA in Jan 2004), the university has taken ex-post facto from DEC. I also wrote RTI to DEC. there are mentioned the post facto but at the last they write that it is the responsibility of concerned university to obtain approval from professional bodies.