TAMILNADU INFORMATION COMMISSION No.2,Thiyagaraya Road, Teynampet, - 600018. Telephone: 044 - 24347590

Date of Enquiry : 07.09.2017- F.N.

PRESENT : Thiru K. RAMANUJAM, I.P.S.,(Retd.),

STATE CHIEF INFORMATION COMMISSIONER.

Case No. SA 4839/D/2017

M. Kanagavel ….. PETITIONER / APPELLANT

- Vs. - Annamalai University ...... PUBLIC AUTHORITY

ORDER

Petition filed u/s 6(1) of RTI Act, 2005 : 18.04.2017 Petition transferred to DDE Section u/s 6(3) : 20.04.2017 Public Information Officer’s Reply : 26.04.2017 First Appeal : 03.05.2017 First Appellate Authority’s Reply : 23.05.2017 Second Appeal : 15.06.2017

Dr.T.Srinivasan, Deputy Director–II/Public Information Officer, Directorate of Distance , Annamalai University is present. The petitioner has sent a letter to the Commission seeking adjournment of the enquiry citing personal reasons. He was informed by mail that the enquiry cannot be postponed at short notice but if any additional points were sent by the petitioner they would be taken into consideration. No response was received from the petitioner nor is he present for the enquiry.

2) The petitioner had asked for information on the following lines:

i) Jurisdiction of Annamalai University for affiliation of colleges and for distance education ii) Letters of approval by the Distance Education Bureau of UGC for distance education courses form 2013 to 2018

iii) Regulations authorising conduct of distance education programme without approval of UGC

iv) Approval of UGC for Astrology courses

v) Regulations about refund of fees.

3) The Public Information Officer has given a broad reply: “The erstwhile Distance Education Council had given recognition for the programs offered by the Directorate of Distance Education, Annamalai University vide F.No. DEC/AMU/TN/Recog/2012/ 13990-13992 dated 21.8.2012. The DEC had directed that the territorial jurisdiction of state universities will be as per their Act and Statutes but not beyond the boundaries of their respective States. The Annamalai University Act was amended which got the assent of the President of and a gazette notification was made which empowers the university to offer distance education programs all over the country and abroad without any territorial restriction. In addition, university went to court for judicial remedy and the Hon’ble Madras High Court in W.P. No. 30039 of 2012 and in W.P. No. 27185 of 2015 has permitted the university to continue the conduct of various programs in graduate, post-graduate, diploma, post-graduate diploma and certificate courses under distance mode without any territorial limit.”

4) The Appellate authority has informed the petitioner that he could visit the office and peruse the documents with prior permission of the Director of Distance Education.

5) In the Second Appeal, the petitioner has complained that the information was not complete and that copies of materials were not supplied.

6) It is seen that the reply has not answered all the points raised by the petitioner. For instance, there is no reference to the Astrology course about which the petitioner has sought specific information. No copies of documents were supplied though the petitioner had asked for copies of supporting material.

7) It is noted from the documents available that the petitioner, after completing BE in Electronics and Communication Engineering, joined M.A. Astrology distance education course run by this university in the year 2013. He did not attend Personal Contact Programme nor did he write any examination. By 2017, he seems to have realised that the course did not have the approval of UGC. He addressed the Director of Distance Education on 05.04.2017 to inform him whether UGC approval had been obtained for the course to enable him to continue the studies and to write examination. Alternatively, he sought refund of Rs.8,000 paid by him as fees for two years.

8) From the records produced by the Public Information Officer, it appears that this petitioner has filed two different RTI petitions, one dated 18.04.2017 and another dated 15.06.2017 and he has also sent a requisition for documents u/s 74 and 76 of Indian Evidence Act and a couple of litigation notices.

9) In a response dated 16.05.2017 to one of these letters, the Director of Distance Education has stated that since MA Astrology Programme was not covered under “Job oriented” and / or “educational qualification”, the question of approval from UGC, Distance Education Council (DEC) did not arise. This letter also states the following :- i) In spite of trade, educational reforms and development, a large number of students/general public are left out/away from systematic stream of education in the field of astrology.

ii) M.A. Astrology is not a conventional programme like Arts & Science subjects (viz., History, Economics, Mathematics, Physics, etc.,)

iii) The concept and aim to offer this programme under Distance Mode (Self Learning Mode) is to make the students – Adults – fully aware of what Astrology is (which is a part of our civilization / culture) and to educate them on the basic as well as the essential part of it so that they can be acquainted with the subject.

iv) The M.A. Astrology programme is offered only after the recommendation and approval of the General Regulatory Bodies (Academic Council and Syndicate)”.

10) In Letter No.B5/10054/2009 dated 07.12.2009 addressed to the Head of the Dept. of Tamil Studies and research, there is a reference to resolution No.2.16 of the meeting of the Academic Council held on 23.10.2009., approving the recommendations by the Board of Studies for introducing courses in Astrology.

11) This essentially answers the question in the RTI petition about approval for Astrology Courses.

12) The Public Information Officer informed that the courses on Astrology are run through a partner SASTRA of Madurai on the basis of a Memorandum of Understanding between the university and this private institution. A Prospectus in the name of Annamalai University gives details of the Astrology courses – Certificate Course in Astrology, Diploma in Astrology, Advanced Diploma in Astrology, 3-year B.A. in Astrology and a 2-year M.A. Astrology, with total fees ranging from Rs.1,400 to 7,400. This Prospectus prominently displays the name and logo of Annamalai University but says less prominently that the Astrology programmes are run in collaboration with Saptharishi Astrological Sciences Training and Research Academy (SASTRA), Madurai. Theory and practical classes are reportedly held at SASTRA, Madurai.

13) It is learnt that the question of restricting territorial operation of the University in respect of Distance education was the subject matter of the writ petition in which an order dt. 12.03.2013 was issued by the Hon’ble High Court quashing the territorial limit restriction imposed by the Distance Education Council that as a , Annamalai University should not operate beyond the boundaries of the State. It is further reported that the UGC and the Distance Education Bureau have filed a writ appeal in 606 of 2015. Meanwhile, in the light of another order from the DEB, the University moved the Hon’ble High Court in W.P.No. 27185 in 2015 in which an interim stay of the direction of the DEB was issued, in effect permitting the University to run Study Centres outside the territorial limit. The order says that admissions made are subject to the result of further orders that can be passed by the Hon’ble Division Bench and that the University shall make this clear to the students who are to be admitted. It is not known if students seeking new admission are informed as directed in this order but there does not appear to be any caution to this effect on the website.

14) The Commission observed certain other contradictions between the reply furnished to the petitioner and clarifications given during the enquiry vis-à-vis information available in the public domain:

i) The UGC website lists out Universities recognized for academic year 2016-17 for distance education programme as on 8.8.2017. There are only five Universities from in this list and Annamalai University does not find a place in this list. (However, another page in DEB website, viz. http://ugc.ac.in/deb/pdf/DistanceEducationInstitutions- Directorate%20DistanceEducation.pdf lists out 26 Universities from Tamil Nadu under the heading Distance Education Institutions/ Directorates of Distance Education.)

ii) The Director of Distance Education had informed the petitioner that the MA Astrology Programme was not covered under “Job oriented” and / or “educational qualification” and hence the question of approval from UGC, Distance Education Council (DEC) did not arise. However, the webpage http://www.annamalaiuniversity.ac.in/dde/index.php says: “All the programmes of study offered by the Directorate of Distance Education have the approval of the Distance Education Council, New Delhi.”

iii) A Public Notice in No.F.27-1/2012(CPP-II) dated 27th June, 2013 on the website of UGC says “The Commission has come across many advertisements published in national dailies offering opportunities for the award of university degrees through various franchise programmes conducted by certain private institutions. These private establishments claiming themselves as study centres or learning centres of different universities enroll students for various degree programmes and also claim to be responsible for teaching and conduct of examinations. The faculty and the infrastructure belong to these private agencies. The concerned university, except providing syllabus and teaching materials, has no mechanism to monitor and maintain the academic standards of teaching being imparted at these centres. This blatant compromise with the standards of education has led to widespread criticism.” This Public Notice further cautions: “No University, whether central, State, private or deemed, can offer its programmes through franchising arrangement with private coaching institutions even for the purpose of conducting courses through distance mode.” However, the Commission notes that the Astrology courses are being run through an entity which could possibly be considered a franchising institution.

iv) In http://www.annamalaiuniversity.ac.in/dde/recognition.php , the following three letters are reproduced:

a) A letter dated 25.11.1988 by the Ministry of Human Resource development addressed to the University stating that, any degree/diploma awarded by Universities established by an Act, etc stand automatically recognized for the purpose of employment under the Central Govt. and no formal orders recognising such degrees/diplomas are necessary to be issued.

b) Letter No.94873/HI/91-1 of Education (HI) Department dated: 17.12.91 that “Annamalai University is one of the Universities recognised by the University Grants Commission for the purpose of its Grants. Hence the Degrees / Diplomas awarded by the Annamalai University which is established by an Act of this Government would stand automatically recognised for the purpose of employment under Centre / State Governments.”

c) Letter No.11698/R/91-1 of Personnel & Administrative Reforms (R) Department that “Annamalai University is included in the list of Institutions recognised by the University Grants Commission for the purposes of its grant. The above University has also been included in Schedule 33 of the General Rules for Tamil Nadu State and Subordinate Services. As such with reference to the Rule 19 of the General Rules for Tamil Nadu State and Subordinate Services, M.A. Degree programmes in various branches of Annamalai University under Open University System are automatically recognised as a qualification for appointment in Public Services.”

v) This information published by the University is prima facie in conflict with the reply given to the petitioner that the Astrology Programme was not covered under “Job oriented” and / or “educational qualification”.

vi) There is no reference to the Astrology courses in the University’s website except in the examination schedules.

15) In view of this, the Public Information Officer was requested to appear again on 13.9.2017 with some additional material to clarify some points. He brought the necessary inputs and clarifications.

16) After going through the material placed before the Commission and the information available in the public domain, the Commission directs the Public Information Officer to furnish the following information to the petitioner:

i) Copies of the following on the issue of jurisdiction of the University:

a) Extract of the Annamalai University Act,

b) Subsequent amendments on the question of jurisdiction,

c) Letter in F. No DEC/AU/TN/Vol.II/2007 dated 21.7.2008 of Director DEC addressed to the DDE, Annamalai University – that territorial jurisdiction for offering distance education would be as per the Acts and Statutes of the University

d) Letter No. F 9-8/2008 (CPP-I) dated 16-4-2009 about territorial jurisdiction of State Universities

e) Extract of portion of B(8) of the letter in F.No. DEC/AMU/TN/Recog/2012 dated 21.8.2012 of Director DEC, to the effect that territorial jurisdiction shall not extend beyond the boundaries of the state

f) High Court order in W.P No 30039/ 2012 dated 12.3.2013–quashing the restriction

g) Letter in F.1-2/2015 (DEB-III) dated 28.7.2015 of UGC to the University stating that the request for offering ODL (Open and Distance Learning) was kept in abeyance pending disposal of the writ appeal

h) High Court order in W.P No. 27185/2015 staying the above the order- but indicating that admissions will be subject to orders of the Division Bench and this should be made clear to the students

ii) Approval of DEB for the distance education courses of the University: Letter in F. No. DEC/AMU/TN/Recog/2012 dated 21.8.2012 of Director DEC according recognition to the University for a total of 259 courses under ODL – extending up to 2014-2015

iii) Astrology courses:

a) Details as found in the letter dated 16.5.2017 about the course

b) Copy of MOU with the private institution

c) Letter No.B5/10054/2009 dated 07.12.2009 addressed to the Head of the Dept. of Tamil Studies and research in which, there is a reference to resolution passed in the meeting of the Academic Council held on 23.10.2009 approving the recommendations by the Board of Studies for introducing courses in Astrology.

d) Copy of Resolution of the Academic Council

e) Copy of Syndicate resolution on the matter

iv) Regulations regarding refund of fees.

17) Any other material as may be considered relevant 18) It is but natural that students who are already enrolled in the ODL courses or who wish to join in future would be anxious to know details of recognition of the University, recognition of individual programmes and about the utility of courses that do not have recognition. The University may consider publishing on its website under Distance Education heading as much of the information mentioned above as possible to avoid having to answer individual queries through Right to Information Act applications. A list of courses that do not yet have recognition of UGC or DEB may also be published for information of the public.

Sd./- (K. RAMANUJAM), STATE CHIEF INFORMATION COMMISSIONER.

(By Order of the Commission)

ASSISTANT REGISTRAR

Case No. SA 4839/D/2017 To PUBLIC AUTHORITY The Public Information Officer, Directorate of Distance Education, Annamalai University, Annamalai Nagar – 608 002, , District

PETITIONER: M. KANAGAVEL, 2/727-10 V.O.C. Nagar, Near Janapriya Clinic, Soolakkarai Medu, – 626003.

Copy to the Registrar : To note recommendations for Annual Report

Concerned File / SF nk/18.09.2017