Central Information Commission
Total Page：16
File Type：pdf, Size：1020Kb
CENTRAL INFORMATION COMMISSION (Room No.315, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066) Prof. M. Sridhar Acharyulu (Madabhushi Sridhar) Information Commissioner CIC/SA/A/2015/001541 M C Sharma v. PIO, University Grant Commission Important Dates and time taken: RTI: 05.08.2015 FAA: 07.09.2015 SA: 04.11.2015 Hearing: 15.02.2016 Decision: 16-03-2016 Result: Disposed of with direction. Parties Present: 1. Appellant is not present. Mr. Amit Kr. Verma, Education Officer, Mr. Megha Kaushik, Education Officer and Mr. Ankit Singh, Consultant represents Public authority. FACTS: 2. Through his RTI application appellant wanted to know from Karnataka State Open University information whether a student who appeared and passed first year MA in Nov-Dec 2014 from KSOU from Franchise in another State is valid for Government job or not after doing MA (Final)? He specifically asked whether Statement of Marks issued to a student Shri Devender Kumar in December 2014, with registration number 13225 MSA 049 will be valid for Government job purpose? Claiming that KSOU did not give any information, appellant has filed fresh RTI request with these questions to UGC. Dissatisfied with UGC response he filed second appeal. 3. The UGC answered on point 1 of RTI application, that KSOU being a state university; it can operate within its state only. The University is not authorized to open study centre/off campus centre beyond the territorial jurisdiction of the state as per the judgment of Supreme Court in Prof Yashpal vs State of Chattisgargh, Writ Petition (civil) 19 of 2004, dated 11 February, 2005. The UGC has not granted any approval to the KSOU to open off-campus/study centre anywhere. 4. The appellant wrote a letter on 11.2.2016 saying he was 74 years old suffering from both knees arthritis problem and unable to avail himself the opportunity to appear in person, hence made written submission. He alleged non-seriousness in response by the CPIO, and said that UGC as a superior body could have directed the PIO of Karnataka Open University to furnish the information sought. He also sought action against CPIO and compensation for the loss suffered because of denial of information. Claiming that the CPIO did not provide information, the appellant filed appeal before the first appellate authority (FAA) against the reply of CPIO claiming FAA did not respond, the appellant filed a second appeal before this Commission under section 19(3) of the RTI Act. 5. On 13th Jan, 2016, the Education officer Mr. Megha Kaushik wrote to Registrar, KSOU not to admit any student during 2015-16 before getting approval/recognition from UGC. The UGC also stated that KSOU will be responsible for consequences. In the letter dated 13.01.2016 the Education Officer wrote: ªAn Expert Committee was constituted for the consideration of matters related to KSOU, Mysore. The 2nd meeting of the Expert Committee, was held on 27th October 2015, where after deliberating over the issues, recommended the following, which was also considered by the Distance Education Committee meeting held on 18.11.2015. Subsequently, the recommendations of the Committee were approved by the competent authority of UGC. 1. Regarding the request of the University for Renewal of recognition for academic year 2013-14 & 2014-15, the committee decided that the request cannot be acceded in the context of directions/actionable points of Prof. Madhav Menon Committee conveyed by the MHRD vide its letter No. F. No. 6-20/2000-DL dated 29.12.2012 and in consonance of the observations of Supreme Court as in case of Annamalai University, wherein ex-post-facto recognition was not permitted. Therefore, the ODL programmes offered by the university during the academic session 2013-14 to 2014-15 are not recognized by the UGC. 2. Regarding the request for recognition for academic year 2015-16, the Expert Committee under the chairmanship of Prof. H. P. Dixit visited the university on 11th - 12th December 2015 for the said purpose. The report of the committee is under consideration and further communication will be sent soon by UGC in respect of the recognition during 2015-16. Therefore, the university is directed to issue a public notice regarding closure of study centre/franchisee and closure of technical/professional/online programmes in daily news paper, any two national dailies and on the official website to ensure their action in public domain for the interest of the Students/other stakeholders. The university is required to submit a compliance report (along with documentary proof of the action taken) in respect to the above direction with 10 days of the intimation. The university is also directed not to admit any student during the academic session 2015-16 before getting approval/recognition from the UGC. The university will be held responsible for consequence, if any arising out of it. 6. Deccan Herald prominently published a news item on June 18, 2015 saying ªUniversity Grants Commission has de-recognised the Karnataka State Open University (KSOU), Mysore, for offering programmes through distance learning mode by "blatantly flouting the norms". 7. KSOU, in collaboration with private institutions/ entities/coaching centres spread all over the country and even abroad, has been offering programmes through distance learning mode by blatantly flouting the norms, guidelines and directives of UGC and erstwhile Distance Education Council (DEC) of Indira Gandhi National Open University, New Delhi, UGC©s public notice said. 8. The June 16 notice said that it is declared that the programmes offered by KSOU, Mysore had not been recognised by UGC beyond 2012-13. This has been done after issue of a show cause notice to them on June 10, 2011 and after considering their response including personal hearing of the officials of the University. The university remained undeterred and continued to offer programmes through distance learning mode in violation of the UGC policy on territorial jurisdiction vide UGC public notice dated 27th June, 2013, the notice said. It has also been offering professional/technical programmes in violation of the norms of the concerned regulatory bodies and without their approval. The university has also started offering online programmes, which are not recognised by UGC, as an exclusive method of distance education, it added. The Karnataka State Open University established in June 1996 is considered to be a reputed Open University amongst the open learning institutions in the countryº. 9. The UGC, Distance Education Bureau, in its minutes of 9th Meeting held on 21st January, 2016, decided as follows: i) The committed noted the University has been delivering its programme in e-learning mode, face to face mode and distance mode through private collaborating institutions under MOUs signed between them. Under the MOU, complete autonomy in terms of admission and evaluation was also granted to the collaborating institutions. Therefore, the role of KSOU was limited and the whole process of evaluation was vested with collaborating institutions. ii) The Committee did not observe any convincing effort made by KSOU in ensuring/monitoring of the implementation of the circulars regarding discontinuation of programmes with collaborative institutions. The committee noted that the University very recently initiated Re- registration of the students who had cleared first semester/First year of course/programmes. iii) The Committee feels deeply concerned about an open university not only running face to face programmes like B.Tech, M.Tech, MCA without the approval of AICTE but also authorized the private collaborators to run these programmes. iv) In the absence of any effective monitoring mechanism to coordinate the teaching, learning and evaluation system, the committee was constrained to infer that it was not possible to ensure maintenance of standards of higher education. The committee also noted that giving admission at the end of the academic year shall mean condensation of one year programmes to six months or less to six months, which may not be academically justifiable. 10. The visiting Committee also expressed its serious concern for violations of the prescribed norms of the statutory bodies- UGC/AICTE for conduction of academic programmes of KSOU particularly, in the context of large number of bonafide students and their employment potential. As per the observations of the visiting Expert Committee, the recognition for the academic year 2015-16 has not been recommended. 11. It was also recommended that after submission of convincing documentary evidence that KSOU has adhered to the norms of legal jurisdiction, closure of study centres outside the State, termination of MOUs with private collaborative institutions, franchising/outsourcing the academic programmes and adherence to norms stipulated by UGC-DEB and respective statutory bodies, KSOU's request for recognition of academic programmes/courses may be processed. 12. The Committee considered and approved the recommendations of the visiting Expert Committee. Also, it was decided by the Distance Education Committee: . Not to accord recognition to offer ODL programmes during 2015-16. KSOU will submit compliance report as per the recommendations of the visiting Expert Committee. Decision: 13. Respondent officer stated that in 2011, UGC had closed franchise of Karnataka State Open University as it was not acting in accordance with standards prescribed by UGC. Under section 4(1)(b) of RTI Act notification about cancellation of franchise of Karnataka State Open University was made specific to the public. Officer from the UGC stated that Karnataka State Open University was continuously defying the UGC norms and it was only after they made declaration of it's derecognition publicly that they were complied with. They said KSOU cannot start functioning until issuance of approval/recognition from the UGC. They wrote to the Karnataka State Higher Education to take stern action against that university.