Fear of poor grades, lack of faculty make instts shy away from NAAC

Manash.Gohain@timesgroup.com

New Delhi:  05.05.2020

Possibility of poor grades is the reason behind non-participation of 22% of higher education institutions in the accreditation process of National Assessment and Accreditation Council (NAAC) while 26% of institutions don’t apply as they lack permanent faculty and 5.5% for not having a permanent head of the institution.

These are some of the findings of the accreditation survey conducted by NAAC, under the ministry of human resource development (MHRD) in March. It said 72% of institutionsare currently in the process of improving their quality and resources to apply for NAAC accreditation.

The government rolled out the revised accreditation framework (RAF) in 2017, which came into effect in 2018 and has so far accredited 74 universities and1,485 colleges. According to HRD ministry sources, at present there are 600 unaccredited universities and 25,000 unaccredited colleges in the country.

Speaking to TOI, NAAC Director, Prof S C Sharma, said though the government has made accreditation mandatory, unless it is enforced it will take time for some institutions to come forward. “NAAC accreditation is a diagnostic tool. It helps institutions to understand themselves and improve. A total of 13,399 institutions have been accredited since its inception in 1994, including 1,559 under the RAF, 2017. A little bit of enforcement will act as a catalyst. The government had taken a good step by putting up State -Level Quality Assurance Cell (SLQAC). State-level incentive for accreditation will go a long way.”

On the importance of accreditation, he said it not only guides students in their decision on pursuance of higher education, “top universities abroad ask for the institute’s accreditation details”.

While launching RAF, NAAC had assured transparency and objectivity. NAAC has set the tone for digitised era of assessment and accreditation, wherein 70% weightage will be evaluated through ICT and 30% through peer team visits. Now it is planning to enhance its accreditation numbers to an average 2,500 HEIs in a year, from the existing 1,500. A big number of non-accredited colleges are government-run institutions or are in rural areas, which is now the thrust area for NAAC.

Less than 1% of the colleges managed the top grade of A++, while 66.4% of colleges were graded in between B++ and B. Among the universities, 6.5% were accorded A++ grade under the RAF, while 51.4% were graded between B++ and B grades.

“Under the RAF, grades are more objective and dataoriented unlike before. Earlier it was 100% peer team verification. It was not 100% objective .... If it is not mathematical, it becomes subjective. Now 70% is objective and 30% is subjective. If you don’t find the evidence as claimed by the institutions one cannot record it for assessment,” said Sharma.

“Now we want to adopt machine learning and artificial intelligence in accreditation to make things faster and take it to the next level. Also now NAAC’s mission is to handhold rural and government colleges,” he said.

The government rolled out the revised accreditation framework (RAF) in 2017 and has so far accredited 74 universities and 1,485 colleges. At present there are 600 unaccredited universities and 25,000 unaccredited colleges in the country

To Have A Name And To Express It In The Manner One Wishes Is A Part Of Right To Freedom Of Speech And Expression':

 Kerala HC [Read Judgment] 

Akshita Saxena

4 May 2020 12:02 PM 

"Name is an expression of one's individuality, one's identity and one's uniqueness. Name is the manner in which an individual expresses himself to the world at large. It is the foundation on which he moves around in a civil society. In a democracy, free expression of one's name in the manner he prefers is a facet of individual right." 

In a significant ruling, the Kerala High Court has held that expression of one's name in the manner one wishes is a Fundamental Right enshrined under Article 19(1)(a) of the Indian Constitution. 

"To have a name and to express the same in the manner he wishes, is certainly a part of right to freedom of speech and expression under Article 19 (1) (a) as well as a part of the right to liberty under Article 21 of the Constitution of India," the High Court has held. 

The observation has been made by Justice Bechu Kurian Thomas, in a writ petition preferred by a young girl, seeking a direction to the CBSE to allow her application for change in name. 

Background 

In the backdrop, the State of Kerala had accepted the Petitioner's wish to change her name and effected a Gazette notification to that effect in 2017, pursuant to which change of name was carried out in the birth certificate, and other Government issued documents of the Petitioner. 

However, by the time the aforesaid processes were completed, the Petitioner had written her All India Secondary School Examination in 2018 and a certificate was issued to her by the CBSE in her former name, based on the records available with the school. 

Subsequently, her application for change in name, moved through the Principal of the School, was rejected by the CBSE, citing Rule 69.1 (i) of the Examination Bye Laws. 

The said provision stipulates that "Applications regarding changes in name or surnames of candidates will be considered, provided the changes have been admitted by the court of law and notified in the Government Gazette before the publication of the result of the candidate." 

Thus, stating that the application for change in name was made after publication of the result, the same could not be entertained. 

Findings 

The court observed that the State or its instrumentalities cannot stand in the way of use of any name preferred by an individual or for any change of name into one of his choice based on a "hyper-technicality" except to the extent prescribed under Article 19(2) or by a law which is just, fair and reasonable. 

"Subject to the limited grounds of control and regulation of fraudulent or criminal activities or other valid causes, a bonafide claim for change of name in the records maintained by the Authorities ought to be allowed without hesitation," it held. 

On the aspect of stipulations made under Rule 69.1 (i), the court said that the same contemplates two situations. First, where the change of name arises before publication of the result of the candidate and the second is where the Court directs. 

"The word "and" in the sentence 'Court of Law and notified in the Government Gazette before the publication of the results of the candidate' if used as a conjunctive does not make any sense. If the word "and" in the above referred sentence is used as a conjunctive it will convey a meaning that even after a Court of Law accepts a change of name, the same to attain validity, must be notified in the Government Gazette. That will be an absurdity," it observed while holding that only one of the two conditions have to be complied with before publication of result. 

It added, 

"There is no prescription under any law for the time being in force that once a Court of law accepts a name, the same to attain validity must be published in the Government Gazette. Admission by a Court of law as regards a change of name is undoubtedly an order in rem declaring to the world that the name of a person has been changed. Notification of change of name by publication in the Government Gazette is another method to convey to the world that there is a change of name. Both are different methods and not supplementary to each other." 

"Normally the word "and" is to be given its literal meaning as a conjunctive. However, if the use of the word "and" conjunctively, produces an unintelligible or absurd result, then the court has the power to read the word "and" as "or" or vice versa, so as to give effect to the intention of the framers of the rule." 

In the present case, the Gazette notification intimating the change in name of the Petitioner had been published in the year 2017, before the publication of the examination result by the CBSE in the year 2018. The court thus held that the condition prescribed under Rule 69.1 (i) had been complied with inasmuch as the Gazette notification was published, and thus the Board was obligated to allow the Petitioner's request. 

"In the instant case, it is evident that publication of change of name of the petitioner in the Government Gazette was on 12- 12-2017, as can be seen from Ext. P1 while publication of the result of the petitioner for her All India Secondary School Examination was on 29-5-2018. Thus, on account of the publication of change of name of the petitioner in the Government Gazette as per Ext. P1 having been carried out prior to publication of her results, CBSE was liable to correct the change of name in Ext.P4, immediately on receipt of application from the school," the court held. 

The court remarked that the Petitioner could not be deprived of her Fundamental Right to a name of her own choice based on a "hyper- technicality". 

It also took note of Rule 69.1 (ii) of the bylaws as per which application for correction of name of the candidate will be considered within 5 years of the date of declaration of results, provided the application is forwarded by the Head of the institution. 

In the present case the court said, "it can be seen from Ext. P6 that the Head of the institution had forwarded the application for change of name of the petitioner within a period of 16 months from the date of publication of the results. In such a view of the matter also, the 2nd respondent was bound to carry out the change of name of the petitioner in the records maintained with the CBSE." 

Case Details: 

Case Title: Kashish Gupta (M) v. CBSE & Ors. 

Case No.: WP (C) No. 7489/2020 

Quorum: Justice Bechu Kurian Thomas 

Appearance: Advocate KR Vinod (for Petitioner); Advocate S Nirmal (for Respondents) 

What’s in a name? HC has the answer

TIMES NEWS NETWORK

Kochi:  05.05.2020

A person’s right to choose a name he or she likes is part of the right to freedom of speech and expression under Article 19, the high court has held. Government or authorities cannot unreasonably deny such choice, the court held.

The ruling was given by Justice Bechu Kurian Thomas while coming out against CBSE on a petition filed by a 17-year-old student from Mattancherry through advocate K R Vinod. By the time the student got the name changed with the state government, the Plus Two results had come out.

With CBSE declining to allow change of name in their records and the student having to pursue higher studies, a petition was filed and the court heard the case through videoconferencing during vacation sitting considering the urgency.

In the judgment, the court said, “Name is something very personal to an individual. Name is an expression of one’s individuality, one’s identity and one’s uniqueness. Name is the manner in which an individual expresses himself to the world at large. It is the foundation on which he moves around in a civil society. In a democracy, free expression of one’s name in the manner he prefers is a facet of individual right. In our country, to have a name and to express the same in the manner he wishes, is certainly a part of the right to freedom of speech and expression under Article 19 (1) (a) as well as a part of the right to liberty under Article 21of the Constitution of India.”

“State or its instrumentalities cannot stand in the way of use of any name preferred by an individual or for any change of name into one of his choice except to the extent prescribed under Article 19(2) or by a law which is just, fair and reasonable. Subject to the limited grounds of control and regulation of fraudulent or criminal activities or other valid causes, a bonafide claim for change of name in the records maintained by the authorities ought to be allowed without hesitation,” the court said.

State or its instrumentalities cannot stand in the way of use of any name preferred by an individual or for any change of name into one of his choice, the high court said

Unions move court against govt’s salary ‘cut’ ordinance

TIMES NEWS NETWORK

Kochi:  05.05.2020

The Kerala Disaster and Public Health Emergency (Special Provisions) Ordinance 2020, brought in by the state government to defer salaries of its employees have been challenged before the high court by various employee unions, including one representing government nurses.

The ordnance was issued on April 30 after the high court had on April 28 issued a stay on the government’s order of April 23 to defer payment of six days’ salary for five months. It gave the government the power to defer payment of salaries in the event of disaster and public health emergency.

The petitioners have alleged that the ordinance allows the government to defer their pay in part or in full and it is vitiated with mala fides and is aimed at circumventing the HC order.

They also argued that the deferment of salary can only be done through an amendment of the Kerala Service Rules.

The period of deferment is not specified and the decision was taken without their consent and without giving them an opportunity to raise their objections. The ordinance amounts to oppression and dictation and such a power cannot be exercised by the government, particularly against the employees, the petitions said.

Meanwhile the government nurses contended that the ordinance is “clearly thanklessness” to the health workers who are the frontline soldiers in the fight against Covid-19.

Telangana almost doubles PG medical fees in private colleges, draws criticism

Nirupa.Vatyam@timesgroup.com

Hyderabad:  05.05.2020

The Telangana government on Monday almost doubled the fees of postgraduate medical courses in private colleges to ₹7 lakh per annum from ₹3.8 lakh a year, inviting sharp criticism from doctors.

The April 14 dated GO on fee fixation was made public on Monday, two days before the web counselling for the 2020-2023 block period begins for some 600 plus seats across Telangana.

The fee was fixed based on the recommendations of the Telangana Admissions and Fee Regulatory Committee and will be applicable to all private unaided non-minority and minority postgraduate medical/ dental professional institutes in the state, the GO said.

For convenor quota seats (category A), two colleges--Chalmeda Anandrao Institute of Medical Sciences and Deccan College of Medical Sciences, will be allowed to charge ₹7.75 lakh per annum for clinical degree courses.

Likewise, the tuition fee of seven other colleges was fixed at ₹7.5 lakh and for five colleges at ₹7 lakh per annum. For dental courses, the highest fee was fixed at ₹6 lakh per annum.

Apart from raising the fee, the state has also directed colleges to seek a bank guarantee.

“The managements of the institution may seek bank guarantee for tuition fee chargeable for the next academic year,” reads the GO.

The members of the Telangana Junior Doctors Association(TJUDA) criticised the state for doubling fee, and called the move anti-student.

“This is just a strange decision by the government of Telangana, favouring private medical colleges,” said P S Vijayender of TJUDA. “The state is slowly taking medical education away from middle-class students,” he said.

Commenting on the state’s decision to allow institutes to seek bank guarantee, they questioned how middleclass people will be able to show ₹14 lakh balance as a guarantee after paying ₹7 lakh as first-year tuition fee.

JUDA members said this move will force many students to think twice before choosing private colleges, and added that with hardly two days left to select web options, they can’t even seek judicial help and get a stay on fee hike.

In the state, there are about 1400 PG medical seats, of which nearly half of them are in private colleges.

The members of the Telangana Junior Doctors Association (TJUDA) criticised the state for doubling fee, and called the move anti-student

NEWS DIGEST

Siddha ‘doc’ vows ‘Covid cure’, booked

Police booked a fake Siddha practitioner after he spread rumours that he had found a cure for Covid-19. K Thanigachalam was running a clinic at Jai Nagar near Koyambedu without any government approval or recognition.

 Inquiries further revealed that he had no accreditation or a degree in Siddha medicine. He had posted videos on social media claiming to have found a cure for Covid-19. Some newspapers and magazines too picked up on this content and had published reports recently. This prompted an inquiry and subsequently, the directorate of Indian Medicine and Homeopathy filed a complaint against Thanigachalam.

 A case has been filed against him under section 8 of the Epidemic Diseases Act and Regulations. The rule restricts spread of information without government’s approval. In a release on Monday, the ministry of health and family welfare urged people to not entertain people who claim to have found a cure for Covid-19. Any treatment not acknowledged by the director of public health is illegal.

Stanley gets funds for RT-PCR machine: After the dean of Government Stanley Medical College Hospital requested Tamil Nadu Foundation to help get RT-PCR machine to facilitate Covid-19 screening, TNF has come forward to make the donation. The machine costs of ₹32.62 lakh. Dr Balaji, Stanley dean, and Dr Dilli Rani, professor of microbiology, received a cheque for the amount. The machine will be used by the premier institute not only for the diagnosis of Covid-19 but also for education and research activities. Tamil Nadu Foundation is a 45-year-old charitable trust supported by more than 1,000 NRI members. Its members from the US are currently helping students studying in government schools in rural Tamil Nadu.

More cops on city borders as a larger crowd tries to flee

Ram.Sundaram@timesgroup.com

Chennai:  05.05 2020

As more than 500 cars were caught at Vandalur check post on Monday for trying to sneak out of the city without valid passes, people fleeing Chennai started taking interior routes on their bikes to escape police attention. Police, however, blocked these connecting roads too by on Monday afternoon.

The Chengelpet police set up an additional check post at Paranur as a precautionary measure to ensure that no one crossed the city’s borders on bikes. Police strength at East Coast Road (ECR) and Old Mahabalipuram Road (OMR) check posts were also increased on Monday.

Ever since Covid-19 cases in Chennai witnessed a steep hike, people started taking all shortcuts to leave the city and reach their native districts.

“Some hid under tarpaulin sheets, vegetable loads of trucks. But after Koyambedu cluster grew, people fear travelling by trucks. So they came up with fake vehicle passes and medical documents,” said a senior police officer. All of these vehicles were turned back. From Tuesday, city police will start screening vehicles right from Chromepet and Tambaram to ensure there are no long queues at Vandalur or Paranur.

As queues started to grow, a separate lane was created for emergency and essential services vehicles at the checkposts to ensure they were not stranded in this traffic. Additional police force was deployed to check passes in other lanes and clear the queue faster, a police officer added. Each check post now has a 40-member team headed by a deputy superintendent of police (DSP).

Despite the efforts, some vehicles managed to sneak out and were caught while entering other districts. Such cases were reported at Sivaganga and Kanyakumari on Monday. Police are using special mobile apps to track such violators.

As a precaution, thermal screening was done for all passengers at district borders, and those with fever were immediately directed to nearby hospitals, said a police officer from Sivaganga district.

While there was a clampdown on those leaving Chennai, many entered the city freely from other districts.

COPS UNDER PRESSURE: Many tried to leave Chennai on bikes