Some of India’s top engineering and research institutions could soon be shutting their shops in off-campus locations, leaving their alumni and students in the lurch, if the apex education regulator has its way. The University Grants Commission has directed 10 institutions, including a few premier names, to shut down their off-campus centres immediately, arguing that they were set up against the rules.

The names on the list include well known institutions such as Birla Institute of Technology and Science, Indian School of Mines and Tata Institute of Fundamental Research. On November 9, the UGC sent off notices to these institutions, calling their off-campus centres “unauthorised” and in violation of the Deemed Universities regulations of 2010.

BITS-Pilani

For most of these universities, the UGC move has come as a shock, particularly because they have only been given a month to act on the notice and respond with an action taken report. Birla Institute of Technology and Science, or BITS, Pilani, is one such institution whose Hyderabad and Goa centres have received such notices.

More than 6,000 students are currently enrolled in various undergraduate, postgraduate and doctoral programmes at BITS’ two off-campus locations which have been directed to shut down. In its notice, the UGC has said that these centres have been established “without prior approval of the ministry of human resources development” and that “necessary action” will be taken if the universities fail to shut them down in the stipulated month.

An equal number of alumni have graduated from the institute’s two centres in Goa and Hyderabad.

Previously too, the UGC has targeted deemed universities through notices and reminded them of the regulations which state that prior permission is required to start any off-campus facility along with a go-ahead from the respective state government. For off-shore campuses such as BITS-Dubai, permission has to be taken from the central government, the UGC and various other authorities including RBI.

Sensing a brewing disquiet among its alumni and students, BITS Pilani chose to respond with a statement from its acting Vice Chancellor, Professor VS Rao, who expressed “surprise” at the communication and called the UGC action “arbitrary”. Rao said that BITS-Dubai is free from trouble because the campus was established with due permissions from the central government.

Arguing that BITS was established as a deemed university in 1964 under Section 3 of the UGC Act, Rao contends that future regulations on off campus centres of deemed universities don’t apply retrospectively

“The regulations of 2010 can’t be applied retrospectively to institutions established much before that,” he said. “Our Hyderabad campus was started in 2008 and Goa one came into existence in 2004. We have applied, of our own accord, for recognition of these centres in 2009 but the UGC never acted upon this. Even the ministry of HRD asked UGC to complete formalities but they didn’t get back to us or visit campuses to see our facilities.”

Unconstitutional and invalid?

In his statement, Rao further argued that the matter is sub-judice since the Madras High Court has already “quashed” the directive to enforce these regulations and said that these are “unconstitutional and invalid.”  The matter is currently being heard in the Supreme Court.

“BITS Pilani is shocked by the precipitate action of such a notice by the UGC, without considering BITS’ application, in ignorance of BITS’ previous submissions, and without providing an opportunity for fair hearing,” the statement said. “Due to this arbitrary action on the part of UGC the management of BITS Pilani has made a detailed representation to UGC and if no positive response is received from UGC, BITS Pilani will initiate necessary legal action in the matter to ensure that the issue is resolved speedily and favourably.”

Other institutions

Further on the list are Banasthali University, Ponnaiyah Ramajayam Institute of Science and Technology, Indian Veterinary Research Institute in Uttar Pradesh and The Lakshmibai National University of Physical Education in Gwalior.

“We have received such a letter from UGC and we are quite surprised," RK Singh, director of the Indian Veterinary Research Institute  told the Economic Times. "We are writing back to them to inform that these centres were with IVRI even before we were recognised as a deemed to be university by UGC. And these are anyway research centres. We do follow all UGC regulations and we are writing back on this issue with our views," he said

Most universities indicated surprise at the notices, while some said they had not even received a formal communication so far,  and argued that the UGC order can’t apply retrospectively for universities established much earlier, as the 2010 rules are only meant to apply for institutions established after that date.

“We haven’t received a formal communication from the UGC in this regard yet,” MK Singh, Registrar, Indian School of Mines said. “The UGC appears to have wrongly perceived our study facility in Kolkata which is not really a campus or a university as another wing. It’s just there because students need to interact with companies and they are awarding no degrees or diplomas".