UGC Notifies Regulations for Foreign Institutions

The University Grants Commission (UGC) has recently released the final regulations, marking a significant step towards allowing foreign universities to establish campuses in India. These regulations grant these foreign institutions complete autonomy to determine their admission processes and fee structures. However, the UGC will maintain the authority to closely monitor and regulate the operations of these universities to ensure adherence to academic standards and guidelines.

This move is expected to foster international collaboration and enhance the quality of higher education in India, providing students with access to a diverse and globally competitive academic environment.

The anticipated arrival of foreign universities is poised to offer Indian students a broader array of opportunities and enrich the landscape of higher education in the country. Simultaneously, these universities will be able to tap into the vast and expanding market within one of the world’s fastest-growing major economies.

A draft of the UGC (Setting up and Operation of Campuses of Foreign Higher Educational Institutions in India) Regulations, 2023, was released by the Commission in January this year. The guidelines have been prepared in line with the National Education Policy (NEP) 2020 that envisioned that “top universities in the world will be facilitated to operate in India”.

Guidelines

  • No Foreign Higher Educational Institutions (FHEIs) can set up campuses in India without UGC’s approval.
  • At the time of application, they should have secured a position in the top 500 in the overall category of global rankings as well as subject-wise category of global rankings put out by the UGC.
  • In the case of two or more than two Foreign Higher Educational Institutions intending to collaborate to establish campuses in India, each Foreign Higher Educational Institution should meet the eligibility criteria.
  • FHEIs can decide their free structure and suggest they provide “free concession” to Indian citizens.
  • Based on an evaluation process, they may also provide full or partial merit or need-scholarship from endowment funds, alumni donations, tuition revenues and other sources.
  • FHEIs have the autonomy to recruit faculty and staff from India and abroad according to their own recruitment norms, including qualifications, salary structure, and other conditions of service.
  • However, the Foreign Higher Educational Institution shall ensure that the qualifications of the faculty appointed shall be at par with the main campus in the country of origin.
  • The guidelines also stated that the cross-border movement of funds and maintenance of foreign currency accounts, mode of payments, remittances, repatriation, and sale of proceeds, if any, shall be as per the Foreign Exchange Management Act, 1999, and its rules.

Application Process

  • FHEIs have to submit mandatory information on the UGC portal along with the application.
  • They are also required to submit an undertaking that states that the quality of education and the qualifications awarded to the students on their Indian campus will be at par with that of the main campus in the country of origin.
  • UGC will then constitute a standing committee to examine the application on the basis on merit, including the credibility of the educational institutions, the programmes to be offered, their potential to strengthen educational opportunities in India, and the proposed academic infrastructure, and make recommendations.
  • In the final version of the guidelines, the time period to make recommendations before UGC has been increased from 45 days from the date of receipt of the application, as suggested in the initial draft, to 60 days.
  • Upon approval, the FHEIs will have two years to set up their campuses in India. While the draft said that the permission shall be granted initially for a period of ten years, the final guidelines do not detail the length of the permission.
  • The universities also need to undergo a quality assurance audit and submit the report to the Commission when seeking an extension.
  • While the universities only have to pay the one-time application fee, they must make separate applications for each proposed campus, UGC chairperson M Jagadesh Kumar said on Wednesday.
  • The universities are not allowed to open learning centres, study centres, or franchises that may act as representative offices of the parent entity.
  • They are required to seek prior approval from the commission before starting any new programme in their campus in India.

The final guidelines grant the Commission the authority to closely monitor the operations of universities, including the right to conduct inspections of the campus, infrastructure, academic programs, and overall quality and suitability.

The regulations state that in the event of any violation of norms, the Commission retains the right to impose penalties and/or suspend or withdraw approval for Foreign Higher Educational Institutions (FHEIs) at any point. Additionally, these institutions are required to submit annual reports to the UGC, providing comprehensive details on the programs offered, the number of students admitted and graduated, and the qualifications awarded.

These regulations are designed to guarantee that the education provided on the campuses of these universities in India matches the standards of the main campus in their home country, and that their operations are in conformity with the relevant laws and regulations.

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