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Annual Report 2016-17 Hp Private Educational Institutions Regulatory Commission

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Annual Report 2016-17 Hp Private Educational Institutions Regulatory Commission ANNUAL REPORT 2016-17 H.P. PRIVATE EDUCATIONAL INSTITUTIONS REGULATORY COMMISSION Happy Nest Building, Below BCS, Kagnadhar, Phase-III, Shimla-171009 (Website: www.hp.gov.in/hpperc) H.P. PRIVATE EDUCATIONAL INSTITUTIONS REGULATORY COMMISSION Happy Nest Building, Kagnadhar, Below BCS, Phase-III, Shimla-171009 Dr. K. K. Katoch Chairman, HPPERC FOREWORD Quality education emphasizes on best management of infrastructure, work climate, skills, laboratory equipments, experienced and qualified faculty. Despite being a geographically challenged State, Himachal is often cited as a classic example of rapid transformation from a backward to relatively advanced State of India through education. H.P. Private Educational Institutions Regulatory Commission plays a vital role in regulating Private Higher Education Institutions in the State of Himachal Pradesh in the sphere of sticking to admission criteria, fee structure, course approval and above all congenial teaching-learning environment in the larger interest of the students. In the changing scenario where Educational Institutions have clustered in the Hilly Backward State, the admission criteria are tried to be flouted every now and then. Our Commission is making sincere efforts to streamline admissions, elimination of proxy attendance of students, employment of Ghost faculty and sheer violations of admission procedure which are the big challenges before the Commission. Encroachment by Companies /Trusts/ Societies offering diplomas/ certificates in nomenclated courses without any approval from the Central Government/ Central Regulators/State Government/ State Regulators has further aggravated threats to quality education in the State. Even Companies/ Trusts/ Societies are offering diplomas/ certificates in other subjects in sheer contradiction of courses approved by Central Regulators which has created a mess in education system as a result of which gullible students are cheated every now and then. Facing such bottlenecks in achieving quality education, the Commission has activated itself and conducting inspections of the Institutions randomly. Guidelines for effective functioning of the Private Institutions are being issued from time to time. I am sure that with these efforts the quality of education in the State of Himachal Pradesh shall improve. (Dr. K. K. KATOCH) CONTENTS S. TITLE PAGES NO 1 INTRODUCTION 1-2 2 ORGANISATION OF THE COMMISSION 3-4 3 ROLE AND RESPONSIBILITIES OF THE 5-6 COMMISSION 4 IMPLEMENTATION OF THE ACT 7-15 PENALTIES IMPOSED ON VARIOUS 5 16-18 DEFAULTING INSTITUTIONS AND STATUS OF LEGAL CASES IN THE HON’BLE HIGH COURT 6 ACCOUNTS OF THE COMMISSION 19-21 ANNEXURE-I 22 CHAPTER-1 INTRODUCTION The Himachal Pradesh Private Educational Institutions Regulatory Commission was established by the Govt. of Himachal Pradesh under Section 3 of the Himachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2010 (Act No. 15 of 2011) for the purpose of providing a regulatory mechanism in the State and for working as an interface between the State Government and Central Regulatory Bodies for the purpose of ensuring appropriate standards of admission, teaching, examination, research, extension programmes and protection of interest of students of the private higher educational institutions. The Himachal Pradesh Private Educational Institutions (Regulatory Commission) Rules, 2011 covers various operational aspects for implementation of the Act such as terms and condition of services, directive powers, operation of funds, penalties, etc. The provisions of this Act or Rules or Orders made thereunder, shall have overriding effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force. The Regulatory Commission has been working as a facilitator with private institutions in order to improve quality of education and constantly interacting with the stakeholders regarding streamlining the process and building a vision for private higher education in the State. With constant persuasion the universities have improved transparency and brought information on approved courses / fees, students enrolment, faculty, infrastructure, academic regulations, course curricula, etc. in the public domain through their websites. The following legislations, rules and regulations are significant and worth mentioning here in context to the role and functions of the Regulatory Commission:- • Himachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2010: The Legislative Assembly of Himachal Pradesh in the sixty-first year of the Republic of India promulgated this legislation which provides for establishment of the Regulatory Commission and Regulatory mechanism in the State for the purpose of ensuring appropriate standards of admission, teaching, examination, research and protection of interest of students in the private higher educational institutions and for matters connected therewith or incidental thereto; • University Grants Commission Act, 1956 and Rules & Regulations made there under. [HP-PERC AR 2016-17] Page 1 • UGC (Establishment and Maintenance of Standards in Private Universities) Regulations, 2003. • UGC (Minimum Standards and Procedure for award of M.Phil/Ph.D Degrees) Regulation, 2009. • All India Council for Technical Education Act, 1987 and Rules & Regulations made thereunder. • Other State/Central Regulatory Bodies Acts/Rules/Regulations providing standards and norms, which have bearing on the quality of higher education. VISION FOR HIGHER EDUCATION: The Himachal Pradesh Private Educational Institutions Regulatory Commission envisages its role as a facilitator and partner with Government, Central regulatory bodies and institutions for quality higher education with the following Vision:- “To make Himachal Pradesh a recognized hub and a preferred choice of students for Quality Higher Education”. CORE VALUES: In order to meet the Vision for higher education within the framework of legislations, the Regulatory Commission commits itself and sets forth the following Core Values:- • 100% commitment to Higher Education quality. • Transparency. • Integrity. ***** [HP-PERC AR 2016-17] Page 2 CHAPTER-2 ORGANIZATION OF THE COMMISSION Constitution of the Commission: The post of Chairman remained vacant during the year 2016-17. Er. Sunil Dutt Sharma, was appointed Member of the Commission by the Government of Himachal Pradesh vide notification No. EDN-A-Ka(3)-12/2009-L dated 19.05.2014 for a period of three years from the date of his joining as such or until he attains the age of 65 years, whichever is earlier. Smt. Meera Walia, was appointed Member of the Commission by the Government of Himachal Pradesh vide notification No. EDN-A-Ka (3)-12/2009-L dated 27.05.2016 for a period of three years from the date of her joining as such or until she attains the age of 65 years, whichever is earlier, but she joined on 01.12.2016. Sr. Designation Name of Officer From to No. 1 Chairperson Ms. Sarojini Ganju 01.04.2016 04.04.2016 Thakur, IAS (Retd.) Vacant 05.04.2016 31.03.2017 2 Member Er. Sunil Dutt Sharma 01.04.2016 31.03.2017 3 Member Ms. Meera Walia 01.12.2016 31.03.2017 Staff of the Commission: The Government of Himachal Pradesh has initially sanctioned 28 different categories of post(s) in the Commission vide Notification No. EDN-A-Ka(3)-12/2009 dated 20.07.2011 and No. EDN-A-Ka(3)-12/2009 dated 13.01.2012. The staff in-position against the sanctioned strength as on 31.03.2017 is given at Annexure-I and details are as under: Sr. Category of Posts Sanctioned Filled-up Vacant No. (as on 31.03.2017) 1 Chairperson 1 1 0 2 Member 2 2 0 3 Secretary 1 1 0 4 Adviser 2 0 2 5 Law Officer 1 1 0 (Joined on 18.03.2017) 6 Programmer 1 1 0 7 Finance Officer 1 1 0 8 Private Secretary 1 1 0 9 Personal Assistants 2 0 2 10 Steno Typist 1 1 0 11 Senior Assistants 2 1 1 12 Clerk 1 1 0 13 Junior Office Assistant 3 0 3 [HP-PERC AR 2016-17] Page 3 Sr. Category of Posts Sanctioned Filled-up Vacant No. (as on 31.03.2017) 14 Driver 3 3 0 15 Class-IV 5 5 0 16 Chowkidar 1 1 0 Total 28 20 8 The Organisational structure of the Commission is as under:- ***** [HP-PERC AR 2016-17] Page 4 CHAPTER-3 ROLE AND RESPONSIBILITIES OF THE COMMISSION Powers and functions of the Commission: The H.P. Private Educational Institutions Regulatory Commission has been mandated to discharge the following functions under the Act:- (1) It shall be the duty of the Commission to ensure that standards of admission, teaching, examination, research, extension programme, qualified teachers and infrastructure, are being maintained by the Private Educational Institutions in accordance with the guidelines issued by the Regulatory Bodies of the Central Government or the State Government from time to time. In case of failure of the Educational Institutions to meet the standards laid down, the Commission shall have the power to penalize the Educational Institutions under section 11 of the Act and in case of successive failure of an Institution to meet the standards, the Commission may recommend to the State Government/ Regulatory Body for winding up of the Institution. (2) The Commission shall ensure that the admissions in the Private Educational Institutions are based on merit achieved in National Common Entrance Tests or the State Common Entrance tests or any other test as notified by the State Government and where there is no National Level Common Entrance Test or State Level Common Entrance Test or any other test, the merit shall be determined strictly on the basis of the marks obtained in the qualifying examination, notifications on this behalf are being issued by the State Govt. from time to time. (3) The Commission shall devise an appropriate mechanism for receipt and redressal of grievances of students and parents, and direct the private institutions to set-up a proper Grievances Redressal mechanism for redressal of complaints reported to the Commission. Such complaints shall be addressed within the time fixed by the Commission with details of the steps taken by the institution to redress such complaints.
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