March 4, 2010: The Indian Express

The affidavit filed by the Ministry of Human Resource Development in the Supreme Court, for the withdrawal of deemed-to-be university status to 44 universities, has created uncertainties that need to be addressed. Apart from immediate uncertainties on students’ future and institutional affiliation with the state university, there is a deeper issue relating to the smooth expansion of private higher education. If the uncertainty on regulating private universities established by a state legislation, and the liberal manner in which private colleges are approved and affiliated to the university continues, quality might continue to be compromised.

Private investment in education will be restricted or it will continue in a form no less severe than practices adopted by some deemed-to-be universities. The deemed universities provision was recommended by the Radhakrishnan Commission in 1949 for a provisional period, to an established institution, through a charter granted by the President, upon the recommendation of University Grants Commission.

It was also recommended that UGC be constituted as the agency for determining the merit of requests for recognition as universities. The UGC Act, 1956 subsequently incorporated the provision of deemed universities. The provision was used with caution until 1990. The falling per capita public spending in higher education and the rising demand for higher education encouraged privatisation in Indian higher education. Private institutions in the last six to seven years responded to it in many ways. They wanted to move from a mere affiliating college status to the status of a university. The rise of private universities approved under by state legislation, and the growth of deemed universities mainly under private management, was the result of hurried expansion through privatisation.

The irregularities pointed out by the task force of the HRD Ministry are serious and call for action. Withdrawal of deemed-to-be university status may be harsh, considering the fact that approval was accorded by the same ministry few years ago.

The granting of a specified time for correction might have been another alternative which, however, did not find favour with the government. In this case government’s own procedure is under scrutiny.

Withdrawal of deemed-to-be university status of 44 universities sends a signal that an expansion of private higher education should not compromise on quality at the cost of commercialisation. However, at present there does not exist an institutional mechanism to regulate private universities on issues relating to admission, fees, governance and quality. There is a proliferation of engineering, teacher education and management colleges under private management and universities have failed to check unnecessary expansion and ensure academic standards. The disease continues to infect the system with or without deemed-to-be universities. This begs the question — why should the axe fall on these universities alone?

It needs to be clarified if the deemed-to-be university route of expansion will be used only as an interim arrangement in the transition of an institution/college to a full fledged university as envisaged originally by the Radhakrishnan Commission. On this criteria, existing deemed universities need to present their plans to make a transition to the “ideal university" conceptualised by the Yashpal Committee report.

On the other hand, if the deemed-to-be university is allowed to exist side by side with the affiliating, multi-disciplinary university then it would be desirable to have all deemed universities — including the 44 universities — acquire accreditation status by the NAAC. This would be a fairer arrangement, as the accreditation report and grading obtained by the deemed university will place all the facts in the public domain. The government should begin by establishing a code of conduct of Indian universities. It should provide guidelines and include all the functions expected from a university. Unfair practices should be clearly defined, rather than be subject to interpretations. All public or private universities — deemed or not — should be expected to follow the code of conduct. The government should also decide the agency responsible for regulation and refrain from directly acting upon higher education system. This would send a correct signal to all universities. No university whether central, state or private should be spared from action.

The writer is head of the Higher Education Unit, National Institute of Educational Planning and Administration

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