Ugc notice to pearl academy by Hindustan Times

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Secretary

NOTTqE

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2016'

20May,2016

D.O. F.No. t-612016 (AMPC)

Sub: Complaint regarding award of degrees in collaboration with Foreign University 'Nottingham Trent University (NfU, United Kingdom by Pearl Academy func{ioning in Delhi, Nside, Jaipur and Mumbai.

It is hereby informed that Pearl Academy is not a "University" within the meaning of Section 2(f) or Section 3 of Urfiversity.Grants Commission Act 1956, but engagd in the business of offering various courses in Fashion designing, jewellery designing, textile designing and related businesses (including

undergraduate programmes, postgladuate programmes and diploma programmes). It has become a matter of grave corrcern as many students are becoming victims of the fraudulent act of the institution.

22(l) of the UGC Act, 1956 provides that the right of confening or granting degrees shall be exercised only by a University established or incorporated by or under a Central Act or a Provincial Act or a State Act or an institution Deemed to be an University under section 3 or an institution Section

specially empowered by an Act of Parliament to confer or grant degtees. Further, Section 22(2) of tlrc UGC Act, 1956 provides that no other person or authority shall confer, or grant, or hold himself or itselfout as entitled to confer or grant, any degree.

Section 24 of the UGC Act, 1956 deals with the punishment provision of Section 22 or 23 of the UGC Act, 1956.

for the contravention of

the

You are hereby informed that the Pearl Academy is not authorized to gant any degree either in a stand alone mode or in collaborarion with any foreign university. Such act is also violation of UGC regulations for "Promotion and Maintenance of Standards of Academic Collaboration between India and Foreign Educational Institutions, Regulations 2012 (copy enclosed).

You are hereby wamed to stop awarding any degree programme and not to enrol students for the coming academic session for any degree programmes & send the compliance report within two r)

weeks.

sincerely

Encls: As above

Mr. Sharad Mehra CEO Pearl Academy

A-2ll13, Naraina Industrial Area Phase-II, Near Shadipur Metro Station New Delhi-110028

UED

j8l6

TTIEGAZETTEOFINDIA SE

luly

No. PAD/PEN/00l/2013-ln

(Acceptance

conferred by Section

2013

Act, 1970 on

(

(2,t They shall

2013 Regulations

of their

(6), for the

ployees'(

Gazette

-l

of Jobs in

after Reti ment) Regu regulation (l), or (he words "one year" Lic su

lr:dian

Bank Ofljcer vate Sector

s,2000, in wo yea.rs", the PADMINI

Person

Lndian

Deparfment

India vide

Gazette

Regulations

, the words

"une

the Ga7-ette

1995.

No.

ishcC ir, the

PADitl9tz$)i

of india, Parr

dated

l/201 I (CPP-IIFIn exercise of the powcrs conferred

Commission hereby makes the fotlowing regulations, Short title, application and commencemcnt

(l)

Scction tl

by clauses 1q ad (g) of sub-section ( I ) of Section 26 of the Univenity Grants Comrnission Act, 1956 the University Grurrs

pal Regulatior!s were notillcalion nu

Section

New Delhi, the 27th May 201 3

"two years'', t}e

Manager

I.J.IWERSITY GRANTS COM]VUSSION

sub-

ted.

Part

published in the r IRD/18-t/232

24.42.N1

Indian Overseas Bank

strall

Adnrin

Principal 50 of the

INDIR.A

Footnore:--The Cazetrc of Indra publii,hed irr the 29.09.1995 and

come rnlo orce on the

in the O 4 of the

date of their

Pension

ycar'

under.

nanrly:-

:.-

These regularions may tre callcd rhe University Grants Commission (ltomotion and Maintenancc of Standards of Academie Collaborarion bcrween

Indian and Foreign Educarional tnstirutions;

Nr>tificarion

P,egularions,20l 2.

29[reRT irl

r5.tr/2an

r6tPART

EC'nOI\r1l

'n.u2w2

09IPARr

0r.032003

m-sECnoN4I

24.05.2m4

Educational Institutions, other rhan Technical lnstirutions, prior to the coming into force of

II]-SECNON 4

05.03201c

these regulations,

(2)

l3-i4-ln.

No. IRD/I conferred by (Acquisition

ofU

Section 19 of

of Indian Bank of

'to

Banking

Act,1980, Bank after and with the previrxs hereby makes the

the Indian Overseas

ws-l-249 ct/20t3

or intending to operate through collaboration. for offering their programmcs leading to award of dcgrees and postgraduatc diplomas; and

exercise

19 of the B

These rcgularions shall apply ro

a) All Foreign EaucatiSnat tnstirurions operaring in lndia through collaboration with Indian

oth August 2013

Transfer

Malager

50 of

of after

Pension

(l)ofRegu !n sub-rcgu Overseas tEmployees') 1995, for words "two vear bc

(3)

be cal

Regulations

may be called

b//

Concerns

and

of Directors with the Reserve

into force on Official

publication ir,

and

995, namely:-

'ihese Regular

Private

in Private Sector

Regulations (Employees')

Ovcrseas Bank Reguladons, 201 3.

lPenr III--Sec.4

Bank Officer

of the

Govemment, hereby makes tle [o amend lhe Indian Overseas

1935)

2m0,

(l)

Companies

of Indian Overseas Bank after Bank of India and with tie

Regulatjt-rns.

the powers

l9 of rhe

(Acguisition and Transfer of Section 19 of the Banking Companies Transfer of Underrakings) Act, 1980,

Jobs

Retirement)

exercise

trf

SHADRA 30,

INDTANOVERSMS BANK Chennai, rhe lSrh

4rr^*-x.

the powers Conrpanies

Act, 1970

and

(Acquisition and of Directors

with Reserve of the Cenrral rcgulatioos further Offrcer Employees'

(b) Indian Educational Institutions, other than Technical Institutions, already collaborating

prior to the coming inro force of

rhese regulations, ortint nding to collaborate wi0l Foreign Educational Institutions for offering programme(s) of study leading ro award of degrccs and postgraduare diplomas.

O) Any Indian Educational Institution or Foreign Educational Institution already having a

IiI-Sr4l

TI{E GAZETTE OF INDIA, SEPTE}VIBER 2l , 20t 3 (BHADRA 30,

regulations wirhin a period of six months fromrhe datc of their comiug into force.

Accreditation Council established under clause (ccc) of Section 12 of theAct;

0 (k)

These rcgulations shall come into force on rhe date of their publication in the Official Gazene.

Definitions:-

(a)

"Accrediting Agency", in respect of a Foreign Educational Institution, means a;, agency or body approved, recognized or authorized by an qthority, established or incorporated under a law in its home

"Secrion" means a section of the Act;

"Statutory Body" means a body established or incorporated by or under a Central Act to regulate, co-ordinate, determine and maintain standards of teaching, examination and research in universities or

programme(s) of study, including professiqnal programme(s) lcading to the award of degree(s) or posrgraduate diploma(s);

country or any other statutory authority in that . courrtr) for the purpose of assessing, accrediting or

assuring quaiiry and srandards oi educational institutions;

(b)

"Act" mears

rhe University Grants Cornmission Act,

institution:

(m)

"Appropriate authority" means an authoriry ol the Indian Universiry, created under relevant provision of its Act an$ having rhe powers ro take decision(s) with regard to such tollaborarion with Foreign

"Tcchnical lnstitution" means an institution

Council fo; Technical Educarion Act, 198? but excluding Technical Universities and Universiries olferi rrg technical programmes:

'Collaboration" rneans an iurangement between an lndian Educational Institution and a Foreign B,lucational Institution, put into place through an

(

"Twinning hograrrunâ&#x201A;Ź" flEans a prcgramme of study

whereby students enrolled with an Indian Educational Instituricn may complete rheir

instrument of written Agreerrcnt for the purposes of

ogra:nme of study partly in India and parrly in the main campus of Forcign Educationat Irrstitutions in its hcme country in rvhich it is primarily established or irrcorporated.

collak;rative or partnershipltwinnine anangemenrs

with the purpose of offering degree(s)

and

postgraduate diploma programrne(s); (e)

"Commission" means the University Grants Commission established under section 4 of the Act:

"Degrce" means a degree awarded by an Indian F.ducational lnstitution in accrrrdance r.iith thc provisi<;ns oI the Sectio;: 22 ol the Act or a deeree awarde<i by a Foreign Educational lnstitution in it_.

Eligibility criteria

(a)

mode, but excluding distance mode, in collaboration, partnership or in a rwinning

"Indian Educational lnsritution" mcans

ws-l-249 Gt/20t3

grade olrt less

respect of program accreditation, as the case may be.

It shall have operarive ar"rangemenu in India rhrough

Indian Educational Institution(s) by way of collaboration.

(c)

The Foreign F.drrcaiional Institutiorrs offering programme(s) of study through collaboration or partnership or twinoing shall ensure rhat the programme(s) of stdy offered and impaned by them in India are in conformity with the standards laiddown by rhe respecrive Statutory Regulatory Body

university as srrch or

by any other namc, (prblic and privare), other rhan Technical Institution, recognized as such by the rclevant Statutory Body for imparting education at thc undergraduate, postgraduate and higher levels;

than B or its equivalent in rcspect of instirurional accreditation or a ttueshold level ol'accreditation in

arrangcmcnt with any Indian Educational Institution; orl:ollegc or institutio4 wtrctlEr hown

higlrest giade in rheir honreland should be allowed

recognized accredidng.agerrcies with

educational programmes at the graduate and higher levels in its home counrry in the areas or

(t)

The Foreign Insritutitrns which are accredited wirh

to have twinning arrangement with thcse lndian insrirurions ivhich are accredited by the ltarionally

(i) an institutiori dul.v established or incor.porated in its home counrry and has beenfoffcring

postgraduate. diploma(s) thrcugh conventional

c;iteria or corrditions--

"Foreign Educational lnsriturion" means -

(ii) which offers or proposes to offer programme(s) of study leading ro the award of degree(s) or

collaborations

uhe

disciplines concerned and

and conditions for

( A Foreign Etlucarional Institution collaborating wirh an lndian Eclucarional Institution slrall satisfy the following

home corrrrtry;

(gt

defincd under clause (h) of section 2 of the All India

Educational Institutions; (d)

"Postgraduate Diplonra" rneans a diploma awarcied on satistactory completion oI a pr..rgramme of study o[ r durarion of not less than one acadernic year and for which rhe minirnurn qualification for admission is a Bachelor degree from a recognized university or

t956r

(c)

3817

(D "NAAC" meaos the National Assessment and

colborative afiangcmcnt shall comply wirh tlnse

(4)

t93'

concerned.

(d)

fhe Foreigr Edrcatiooat Irstitutions shall also abide

by any other condirion(s) prescribed by the Government of India and Statutory Regulatory Body(ies) from tinrc to time.

THE GAZETTE OF INDIA, SEPTEMBER 21,

(2) An Indian Educaional Institurion collaborating with

201 3

4. kocedurc forcollaboration

Foreign Educational lrsriturion(s) shall satisfy the followtng

enter into a written Memorandum of Understanding

orAgrecment wit} rhe Indian Educational Instirution concemed: Provided thar no Memorandurn

maintained by the Central Govemrnent orCommission

and State Covernment(s) and Union territory

Educational Instirulions unless the Indian

It shall irave erocne;rce o[ at least ti ve yg:gs in olferinB

approval of the Comrnissron including the approval

Educational lnstitution concerned has obrairrcd prior

ol the draft Memorandunt of IJncierstanding or

degree and posrgraduate diploma;

.Agrecmcnt;

Provided rhat rhe lndian Educational Institutions

Provided further, that after approval of the Memcrandum of Understanding cr Agreement, as the case may be, by the Commission, it shall be

mainnrned by the Ccnrral Governnrent or Commission and/or State Covernnrent(s) and/or Union rcrritory Government(s) shall be exenrpt from the requirement

signcd by both rhe partnering institutions and a copy

o[ fi ve years.experience.

workshop faciliries and library shall meer the

The Indian Educaricnal !nsritution,

if ir is an

5. Procetiurc for

institution aifiliated to a university, collabcrat!ng wirh

Foreign Educational instirutions for conducting programme(s) of study lea<ling to thc rJegrec(s) or postgraduate dip!oma(s) shall obtain prior approval from the affiliating universiry concerned.

(a)

(") )

:-.

The acadenric requirements and orher details of thc prograrnmc(s) o[ srudv shall be made pubiic by drsplayrng promlnently. in the respecrive rvebsrtes before the commencement of the programnre by the Indian Educational Institutions copcemed.

(d)

Undersran<ting/

ft) )

'l'he Comrnission, after receiving rhe apolicarion along with draft Mcmorandum of Unders(anding or shall acknowledge the rcieipt ol'rhe application wiGin a week. The proposal shall be thcn processed internally and deficiency, if any, shall be communicated and additional documents, i[ any required, shall bc asked for within a period of one month.

(c)

Oncc thc Ccmmission is satisli"i that the oroposat is complete in all respectq the Cornmission shall take

abide by any other condirion(s) specified by the Government of India and Statutory Body(ies) from tirnetotime.

the decision to issue a letter oi approval, afler considering various factors including quality of education, overall merit of 0re proposal, fees to be-

Wherever foreign exchange is involvtd, the

charged, credibility of the Foreign Educational Institution as well as Indian Educational Institution within a paiod of six months. In case the Commission

Reserve Bank of India from tinre to time.

dran Memorandum

The Educational Institurion concerned shall also

educational institution (rndian and/or forcign) shall abide by and ccmply with the relevanr Regulations, Norms, Notifieations and Instnrctions issued by the

ws-

and

terriroriai inregrity of tndia.

(c)

The Foreign Educatir.rnal lns{itutiorrs concerned Agreenrent to the Comrnission along with an applicaticn in the specified format, giving details about the ilrfrastructure facilities, facilities availablc for instruction. faculty, specified fee. courses, curicul4 requisite funds for operations for a minimum pe riorl of tkee years and other tern-.s and corrditions of collahoration, if any.

No programme of study and/or rcsearch shall be

offered which is against narional security

Understandirrg or

approval:.-

shall submit

relating to the grievances of studenrs including lcgrl matrcrs relating to the collaboration shali be addresseC by thc Indian Educarionai Institutions enrering into acadcmic collaborarion.

conrlitions

For approval, the foliowing procedure is required to te fulfill6a!; nanglr-

(e) All matters

(3) 4l! instiiutions (lndian or Foreign) involted in collaborarivc, twinrring or other iornrs of partnership arrangemcnls shall satisfy the following criteria and

such Memorandum

Agrccment shall be forwarded to fie Commission and shall also t'e uploaded on their websites.

Its academic inirastrucrure, including laboratorl, and

requiremenrs of the relcvant Sratutory Body.

(d)

ol Understanding or Agreement shall be entered into by Foreign Educational Instirurions collaboraring with Indian

Govemment(s) shall be exempt from the accreditation for the pu;poses of rhese regulations.

educational programme(s) in lndia at the level of

(c)

with Indian Educational Institurion(s) shall have to

At the time of Agreement forcollaboration, rhe Indian Educational Instirution shall have accrediration by National Assessment and Accreditation Council wirh a grade not less than B or its equivalent grade;

Provided that the Indiaq Educational Insrirutions

[Penr Itr---Sec.4

Any Foreign Educational Institution collaborating

criteria or conditions-

(a)

(BHADRA 30, 1935)

-249

GI/201

does not approye the proposat, a letter

of rcjcction shall be issued by the Commission stipulating the reasons lherefor.

-g

III-Srct

(d)

THE GAZETTE OF INDLA, SEFTEMBER

2 I , 201 3

The approval so grantcd shall bc valid for a period of livc ycars or as specilied otherwise, during which, the Commission mav review the progress made'and

hovided that an opporrunity to explain its position shall be given to such an educational institution before coming to the conclusion thar it is not functiorung in accordance wi(h these regulations and

ln the event of any malpracdces, the approval granred may be revoted;

M iscellaneous

before issuing directions for termination of the Memorandum of Understanding or Agreement.

0o)

conditions:-

Ihc otherconditions required ro bc lulfllled

(a)

are-

frru-hise arrangement, by -*hatever narne, bet',r,ecn

a [:orcign Educationa! Institurion and an

ln<Jian

(c)

Educarional lnstiturion shall not be allo*ed unrler rhese rcgula;ions.

(b)

The Univenity Granrs Cornrnission shall mrjnain a.r updated list of approved coliaborating institurions

,-rf

(d) (:)

Contnrission.

7. Consequences of violation

The Comniission either on irs own or on rhe basis of any compliint tiorn any quarrer niay cause an inquiry,

including physical inspccrion, of the collaborarive iurangâ&#x201A;Źments and afrer having satisfied itself that the co!laborating institurion(s) is/are nor functioning in accordance with rhesc regulations, may issue directions for termination of the Memorandum of Understanding or Agreement for coltaboration and

g<u'

f{knfl

'!'he Commission may also Ccclare the Forcign Educarional Instirirtion(s) as .blackiisted. and

8. lnterpre{ation

(a) (b)

Deemcd to be University slatus.

The Con rnission may also take such l'urthe; action against Indiur Educarionat lnstiruticn(s) as it nray deem tit and proper.

prohibir such Foreign Edrrational Institution(s) from entering into any collaborative arralrgement with any lndian Educational lnstitution in future.

On commencement oI these regutarions, no Foreign

Educational Insrilurion or Indian F.ducational lnstitution shail esrablish or rperare irs educational activity in !ntlia throrigh collaboration lcading rc award of degree(s) and postgraduate diplorna(st without the exprcss pcrmi;sion or approval of rhc

(a)

In case thc Commission linds any Deemed to be Univcrsity violrting any of the provisions of these regulations, in addition to provisions made under

on its websire. (d)

If the insrirurion concerned is found to have violated these regulations, the Commission shall take action a.r provided under Section l4 of the Acr and shall also norify on its wcbsite and also through media that rhe programrne(s) oiiered or conducred through the said collaborative arrangements are not in con formity with thcse regulations.

clauses (a) and (b) above, the Commission mav also recornmerd to thc Central Gorleminerrt for withdrawal

No arrangement invriiving a Foreigl Educationai lnsritution granting, for a considcration, a license or permission to an ti:dial Educational Institution ro carry oui educational activity in rhe name of the Foreign Fiucarionai lnstitution shall be pemtir_ted under thrse regutations.

(c)

3819

for such course or programme are permitted to

it may deem fit and

Provided that before revocation, an opportunity to show cause shal! be given rc thc Educarional Instit ution ionccrned.

93,

conrinue till rhcy obtain requisite qualification;

proPer.

(e)

while issuing such directions, thc Commission shall ensurc that the students, who have already enrolled

periodically inform the agencies concemed abour the results of such a review and the Commission ntay extend or witMraw the approval or impose such other conditions for extension,

(BHADRA 30,

rcgulatiorrs shall bcdecided by rhc Corrunission and it:; Jecision shall be final and binding in rhe rnatter.

'fhe Cornnrission shall have the oower lr.r issue clarifications to removc eny doubt, difticulry or anomaly which rrray arisc in regarrJ tr. the i

(c)

:-.

An5' quesrion as lo the interpretation of these

mpicmentarion o[ these regulations.

Any dispure ansing in relation to collaborative arrangement betwcen Indian Educational Instirurion(s) and Foreign Educarional Institution(s) shall be govemed by the Indian law. AKIITI FSHGIJPTA

gT, qrd rrci5R SrurRrq, \r.3Tr{.4. t6,t-{-crq

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PRINTED BY DIRECTORATE OF PR0{TING AT GOVERNMENT OF tNDrA pREs.:i, N-I.T. FARIDABAD AtlD PUBLISI|ED ByTHE@NTROu.ER Of puBlr^1ton6, DElil, 2013

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DOPGIPF{PIII I II-Sec4)-360 ws-l-249 cU20l3

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Secretary