HIGHER EDUCATION Related Bills Provisions

8/10/2019 HIGHER EDUCATION Related Bills Provisions

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HIGHER EDUCATION IN INDIA

(For Paper 2 GS: On Education)

CRISIS OF HIGHER EDUCATION

Human Resources Hourglass Structure

Archaic Examination System

Rigid Curriculum and lack of electives

Universities exit from undergraduate education

Poor quality teaching, inbreeding, and lack of appraisal

Islands of Excellence, Oceans of Mediocrity

Withdrawal of state and defacto privatization

Implications of Overseas Purchase of Education

Absence of Regulatory Framework

Lack of Leadership

CHALLENGES

OPPORTUNITIES

CRITICAL REFORMS

NCHER Bill

Foreign Institutions Bill

The Accreditation Bill

The Malpractices Bill

Higher, post-secondary, tertiary or third level education is the stage oflearning that occurs

at universities, academies, colleges, seminaries, and institutes of technology. Higher

education also includes certain college-level institutions, such as vocational schools, trade

schools, and career colleges, that awardacademic degrees orprofessional certifications

CRISIS OF HIGHER EDUCATION

1

Human Resources Hourglass Structure

The structure of our human resources is in the form of an hourglass. There are a huge

number of mid and top level professionals such as doctors, engineers and lawyers of an

indifferent quality that the society cannot accommodate or put to productive use. Yet

there arent enough number of professionally trained semi-skilled people such as

electricians, plumbers and mechanics to fulfil the societys requirements. At the bottom

are the millions of unskilled, illiterate workersThe past two decades witnessed a phenomenal growth in the number of so-called

professional institutions producing graduates who dont have skills that can be

gainfully employed for producing the kind of goods and services that India needs.
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educated unemployment is on the rise, as these graduates are not equipped to become

wealth creators. .

2 Archaic Examination System

The examination system for higher education is archaic and disgraceful. The stress is

often on testing the students memory and rote learning This one size fits for all kind of

an examination system does not leave any room for either continuous appraisal during

the term of the course, or for testing the students creativity, application of knowledge

and problem solving skills.In the current higher education setup, excepting for elite

institutions such as IITs and IIMs, the teacher doesnt have any role in evaluating the

students performance.

3

Rigid Curriculum and lack of electives

The higher education curriculum is extremely rigid, centrally defined and doesnt leave

any room for individual choice or experimentation. This resulted in creating a rigidacademic atmosphere, with artificial divisions of various disciplines, and pre-

determined combinations of courses on offer excepting the IITs and similar elite

institutions Even within a course, what has to be taught and what textbooks to study

are prescribed, leaving no room for the teacher to be creative in designing the course

4 Universities exit from undergraduateeducation

One of the worst anomalies that crept into Indian higher education system is that

universities are completely removed from undergraduate education.

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Poor quality teaching, inbreeding, and lack of appraisal

6 Islands of Excellence, Oceans of Mediocrity

While it is impressive that we succeeded in creating world-class institutions such as the

IITs and IIMs, there is a lot of collateral damage attached to this success. The

disproportionate allocation of meagre resources to these islands of excellence resulted

in the neglect of other public institutions which turned them into oceans of mediocrity.

A vicious cycle has now set in. Poor quality higher education is producing many

graduates who often lack conceptual clarity and the capacity to apply knowledge forfinding creative solutions. As a result, both wealth creation in society and school

education suffered. As such graduates become school teachers, youngsters are

graduating from schools without the basic knowledge and understanding of subjects

which are necessary to benefit from college education. The few good teachers are in

great demand in coaching institutions preparing students for entrance tests for

professional courses including IITs.

7

Withdrawal of state and defacto privatization

Without any serious debate or preparation, the state opened the gates for privateprovision of higher education. private for-profit higher education institutions were

allowed as a matter of routine


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Very little investment went into pure sciences, education or humanities as they are

perceived to be of non-professional character and are not in much demand.

With increasing fees and donations in the pvt colleges keeps the poor and middle class

away. In the absence of demand from vocal middle classes and the consequent lack of

political pressure, the states abdication of education of education sector is accelerated,

resulting in a vacuum that is filled by a large private for-profit sector.

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Implications of Overseas Purchase of Education

More and more Indians, especially from the middle classes are increasingly resorting to

sending their children abroad even for undergraduate education. Even more disastrous

than the financial implication of this resource drain is the fact that the withdrawal of

the vocal middle classes and the accompanying political pressure is a certain death

knell for the public higher education system in India.

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Absence of Regulatory Framework

The state controls where and what kind of private institution will be established. This is

mostly done through political patronage and rent seeking behaviour by the quasi-

regulatory agencies such as AICTE (All India Council for Technical Education) and MCI

(Medical Council of India).

This resulted in an utterly chaotic scenario, and the higher education system is

suspended between over-regulation by the state on one hand and discretionary

privatization on the other hand.

There is no independent mechanism for either evaluating the quality of education or

the quality of output from both public and private educational institutions.

10Lack of Leadership

Most public universities and institutes of higher learning are reduced to personal

fiefdoms of leading politicians. Once these individuals are appointed, they have to

satisfy their patrons by obliging their requests in appointments, promotions etc.This led

to a natural decline of these institutions of higher learning.

CHALLENGES

Equitable and accessible higher education system of high quality

Foster competition in providing education services and offer choice to the students

Promote the importance of a true liberal education

Enhance public financial provision for higher education

Establish an independent regulatory framework to ensure standards and quality

OPPORTUNITIES

Young demographic profile, (% of 18-24 age group)

Hard working, ambitious, motivated youngsters

Huge demand for quality education


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Culture and society that values education and treasures scholarship

Parents willing to spend significant resources

Graduates no longer seek a cushy government job and are willing to compete in the

market

Impressive infrastructure that can be redeployed

Non-monetary inputs that can make a difference

CRITICAL REFORMS

Given the nature of crisis afflicting higher education in India, a mix of nonmonetary and

monetary inputs along with critical structural reforms is the need of the hour. There are

many best practices that are in vogue in most western universities as well as the elite

institutes in India, that are worthy of replicating. Some of the key reform proposals that are

modeled after these widely accepted best practices are discussed in this section

1.

Non-monetary Inputs

Flexible Curriculum and Electives-Freedom of choice, opportunity to win academic

distinction and discipline are all fostered at one stroke. This also means that teachers

whose courses were not valued became irrelevant, and in effect students evaluate

teachers

Encourage Liberal Education and Humanities-Any society needs a mix of specialists and

generalists to fulfill its unique requirements. While the need for science and technology,

and vocational and other specialized forms of skill-based education is well-recognized

and appreciated, especially in a developing economy, the importance of broad, liberal

education is much less appreciated.By definition, a liberal education is not directly tied to the study of a particular

discipline or vocation, but is designed to equip an individual with the cognitive capacity

to acquire knowledge in any field of her choice.

A true liberal education will go a long way in producing the kind of leaders and

enlightened citizens who will take up a career in business, organizational management,

government, politics and academia that are badly needed by the developing world. It is

a testimony to the maturity of a highly industrialized and developed nation such as the

US, that the bulk of its university graduates major in liberal arts and humanities

Creative Examination System, Continuous Evaluation

Test the depth of students knowledge, not breadth

Test analytical skills, application of knowledge and problem solving capacity

Test should challenge the students ability to be creative and innovative

Stress on Evaluation should be done by the faculty who teaches the course

There are many models of creative evaluation and testing that are widely applied

across the world that are worth emulating

Faculty Recruitment and Appraisal

Continuous appraisal and rating by students

undergraduate teaching by all faculty Effort to recruit innovative thinkers and promote of new ideas

Encourage rigorous intellectual discourse

Constant new blood


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Quality of education

The Eleventh Plan approved by the National Development Council (NDC) provides a

three point agenda in regard to accreditation, namely; introduction of a mandatory

accreditation system for all higher educational institutions; creation of multiple

rating agencies with a body to rate these rating agencies; department-wise ratings in

addition to institutional rating.

Presently, accreditation is not mandatory and there is no law to govern the process

of accreditation. There are two Central bodies involved in accreditation ofinstitutions; the National Accreditation Assessment Council (NAAC) and the National

Board of Accreditation Board (NBA), which is not possible if made mandatory.

Consequently, an institutional structure to ensure mandatory accreditation needs a

legal basis for it to have the force of law. It is expected that with the passage of the

legislation to provide for accreditation of higher educational institutions and to

create a regulatory authority for the purpose many of these issues will be resolved at

least for some time to come.

Problem Solving Research

Most Indian universities are particularly deficient in meaningful research of any

kind. As a result of this absence of academic rigor, poor communications, and lack of

relevance, academia have become increasingly marginalized in shaping public

discourse and solving real problems in the societal, scientific and technological

domains. Innovative funding mechanisms, and other incentives to promote high

quality, problem-solving research in both technology related fields and humanities

need to be evolved. Emphasis on reasoning and analysis and good writing skills at

school level are obviously vital to make productive research possible at university

level

2.

Monetary Inputs Enhanced Public Expenditure

Financing Higher Education -The bulk of public expenditure on higher education (in

some instances 95 %) in India is in the form of revenue expenditure and is barely

enough to meet the faculty wage bill. There is little scope left for any capital

expenditure

We need to evolve sensible and viable financing mechanisms to meet the demand for

quality education, through higher investments public or private, and to guarantee

uniformly high quality education which fosters innovation, creativity and wealth-

creation. Therefore, while access should be based on talent and motivation, costs

should be recovered to make quality education sustainable

The notion of free, mediocre quality education has hurt all sections of society. Those

who can afford are now fleeing the system, those who go to state institutions are under-

performing for no fault of theirs; and the poor in society are subsidizing the not-so-poor

for higher education. This model is clearly unsustainable and wrecked our higher

education system.

Regulatory Framework The need of the hour is to create a regulatory framework that

will encourage investment from a diverse range of sources in higher education

infrastructure and at the same time ensure that every student will have equal access to

these institutes of higher education The greatest hurdle that we have to overcome to create a robust regulatory framework,

is to change the minds of our decision makers


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With the rapid growth of privately funded institutions the nature of their governance

system has become an area of major concern. The issue of internal governance of the

institution in terms of the processes connected with admissions, registration,

examinations, evaluations, scheduling and a host of other functions are also matters

that need closer attention in ensuring quality.

3.

Structural Reforms

Differentiation of Higher Education Institutions

The structure of current system of higher education presumes that everyone in the

higher education system need a 3 or 4 yr college degree. There is no room for the

majority of youngsters, who might be on the lookout for acquiring a skill that is readily

marketable and which will get them gainful employment. This structure doesnt leave

much room for flexibility, choice or experimentation of any kind

The Indian vocational education system is based on polytechnic colleges providing

diploma education in engineering, and industrial training institutes providing skilledworkers to industry. Both suffer from a fatal flaw, as they are delinked from the

mainstream education, and a student cannot change her mind mid-course, nor can the

credits be automatically transferred to pursue undergraduate education in a university

The need of the hour is bring about a qualitative differentiation in the structure of

higher education, with the following objectives

Offer flexibility and choice for students

Offer strong vocational and skill based courses (diploma) of shorter

duration

Facilitate vertical mobility, i.e. people who with a 2-yr diploma can use thatcredit to earn a 3 or 4 yr college degree at a time of their choice.

Couple the vocational courses with internships in partnership with industry

There are two models that are worth studying and emulating. One is the

much-acclaimed German model of vocational education. The other is the

equally impressive American model of Community colleges.

4.

Politics, Governance and Education

State can, and should, also be a positive institution to create basic infrastructure,

develop natural resources, and most of all to provide quality school education and

effective primary health care. Much of the debate on education is centered roundrewriting history or detoxification of textbooks. The great debates are about the

location of a temple or a mosque, or past insults and private injuries, or perpetuation of

barbaric practices andshunning of modern, humanistic vision. Obscurantism is

zealously guarded, and the clear stream of reason has lost its way into the dreary

desert sand of dead habit.Perverse status-quoism and the game of blame-throwing on

our campuses have cost the nation dearly

In case of centrally funded government institutions such as IITs, IIMs, Central

Universities, IISERs, NITs etc., it is reasonably certain that the interference and control

of the government is minimal. Usuallythe governing boards and the heads of these

institutions have the freedom to evolve their academic policies and strategies except in

areas where it concerns the fundamental national policies (for example reservations;

pay commission norms etc.). The governing boards of these institutions include just one


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or two officials of the Central Government. At the same time there are also several

central institutions with high proportion of government official in their governing

bodies where the interference effect is high and troublesome. This is particularly

worrisome in the case of state-funded institutions.

Ever since the nation recognized the value of higher education for promoting economic

growth and social development, the pressure for reforms has been escalating. These are

formally embodied in two eminent reports brought out in recent years, one by the National

Knowledge Commission headed by Sam Pitroda and the other by the Committee on

Renovation and Rejuvenation of Higher Education headed by Yashpal.

NCHER Bill

An important measure awaiting political clearance of the Cabinet for introduction in the

Parliament is the Bill for the Creation of the National Commission on Higher Education and

Research (NCHER) (conforming to the recommendations of the Yashpal Committee Report on

Renovation and Rejuvenationof Higher Education In India).This Bill addresses certain fundamental concerns in the reports of National Knowledge

Commission and Yashpal Committee. These two reports draw critical attention to the

fundamental academic weaknesses such as

compartmentalization and fragmentation of knowledge systems,

absence of innovation in learning methods,

disconnect with the society and

too much emphasis on multiplicity of harmful entrance and qualifying tests.

They reflect concerns on the growing trend in loss of university autonomy damaging

the prospect of healthy growth of spirits of enquiry, creativity, and innovation

1.

The NCHER is not a regulating or controlling or licensing or inspecting body. Its

primary task is to evolve norms and standards for various aspects of higher education

including assessment and accreditation, while abolishing several of the regulating

bodies dealing with the academic norms for higher education.

2. It restores to the universities the autonomy and responsibility to implement these

norms and standards.

3.

It mandates the NCHER to consult with all States, Union Territories and other statutory

regulating bodies in evolving new policies, procedures, norms and standards.

4.

Identification of academic administrators of national standing eligible and qualified to

be appointed as Vice Chancellors of universities or heads of central educationalinstitutions. Considering the high degree of dissatisfaction in selecting the heads of

institutions, this function assumes special importance.

5.

A major task assigned to the Commission is to prepare once in every five years a report

onthe state of higher education and research in the various states and submit to the

Governor. Similarly, the Commission would present to the President of India, a report

on the vision of the higher education and research in the forthcoming decade.

6.

The status of Member of the NCHER is proposed to be such as to be free of control by

any one Ministry and made responsible only to parliament.

7.

An important feature of the NCHER Bill is a provision to review by a committee on

eminent persons the performance of the Commission itself about the extent offulfillment of its goals and objectives and recommend suitable actions. This is

somewhat exceptional in the sense that the institutions or organizations created by acts

and statues seldom get reviewed and this is one of the major reasons for their


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deterioration. Hopefully, the various consultative processes that are envisaged

between now and its enactment will further enhance the distinctive role assigned to the

commission for renovation and rejuvenation of higher education in India.

Foreign Institutions Bill

The Foreign Institutions Bill appear to have created most controversies. Unfortunately the

criticisms about the Foreign Institutions Bill are based on uninformed misapprehensions.

Most of the critics tend to ignore the present ground reality of more than two hundred foreign

programmes offered in India in various modes. Undoubtedly majority of these are of

substandard quality and value. The regrettable fact is no agency in India has an account of the

number of foreign programmes, their mode of operation, nature of partnership, quality of

instruction, fee structure, protection of students interest and so on. Many of them indulge in

glossy and misleading advertisements enticing gullible students with false promises.

Available information on them is based on tertiary sources of reports compiled by voluntary

organizations.1.

The requirement that these institutions must have at least twenty years of track record

in offering recognized and accredited degree programmes in their home country will

weed out fly-by-night operators.

2. They have to comply with all the relevant laws of the land.

3.

They should deposit a sum of Rs.50 Crores to meet any liability to the students, faculty

and others in case they quit or their registration is withdrawn.

On the whole, the need for the Bill is never more acute and should help to prevent the

growing chaos in foreign programmes in India.

The Accreditation Bill

1.

The National Accreditation Regulatory Authority for Higher Educational Institutions

Bill, 2009, provides formandatory accreditation of all higher educational institutions

through Accreditation Agencies registered under the legislation. The proposal applies

to all higher educational institutions including, universities, institutions deemed to be

universities, colleges, institutes, institutions of national importance established by an

Act of Parliament, and their constituents, imparting higher education beyond 12 years

of schooling leading to the award of a degree or a diploma, and whether through the

conventional or distance education systems.2. The National Accreditation Regulatory Authority for Higher Educational Institutions is

empowered to register agencies that would undertake accreditation of institutions in

accordance with regulations governing academic quality i.e. the quality of outcomes

associated with teaching, learning and research besides quality in admissions, physical

infrastructure, human resource infrastructure, research and research infrastructure,

course curricula, assessment procedures, placement and governance structures.

3. Existinghigher educational institutions and programmes therein would be allowed a

period of three years to obtain accreditation, if not already obtained.

4. The Authority would monitor and audit the functioning of the Accreditation Agencies.

Besides the Authority would also register and regulate the working of Accreditation

Agencies


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5.

It also would require higher educational institutions to routinely provide reliable

information to the public on their performance, student achievement, faculty

availability and qualifications and research publications and so on.

6. There are sufficient provisions in this Bill to ensure accreditation is transparent and

reliable with no scope for malpractices. The accreditation rating in future will

determine the fate of institutions or programmes as to whether they should be allowed

to continue at all, after reasonable opportunities for correcting. Any information about

undesirable or deliberate malpractices notonly in academic matters but also inadministration and governance process will contribute to adverse rating.

The Malpractices Bill

It lists all those (mal) practices that will attract the penalty of hefty fines and jail terms.

The Bill requires prior announcement and publication of institutional facilities, faculty,

procedures for admissions and examination, fee structure and so on. Any willful deviation

will attract the penalty. For instance collection of any kind of fees without giving any

official receipt will be treated as a major malpractice. Manipulated entrance tests,collection of unaccounted fees, false information about faculty strength, qualification,

infrastructure etc., are some of other malpractices covered in this bill.

Name: Arjun Bopanna

Documents

HIGHER EDUCATION Related Bills Provisions