Regulations for entry and operation of foreign universities/institutions in India

Regulations for entry and operation of foreign universities/institutions in India

The AICTE regulates foreign institutions imparting technical education in India and Indian institutions, approved by AICTE, collaborating with foreign institutions.

Procedure for registration

The application to AICTE by a foreign university/institution (FUI) seeking to operate in India must be accompanied by a No Objection Certificate (NoC) issued by the concerned Embassy in India. The Ministry of the concerned country should certify the genuineness of the educational institutions.

The FUI should submit a detailed project report to AICTE giving details regarding infrastructure facilities, facilities available for instruction, faculty, prescribed fee, courses, curricula, requisite funds for operation for a minimum period of 3 years and terms & conditions of collaboration, if any. The following key documents should also be submitted along with the project report:

1.       An NoC by the concerned Embassy in India

2.       A copy of the certificate indicating the country of origin of the FUI

3.       A copy of the certificate of registration of the society/trust

Once the AICTE is convinced that the proposal is complete in all respects, a standing committee nominated by the council comprising three advisors heading the Bureaus of the Council will consider the proposal and invite presentation, if required. On the recommendations of the standing committee, an expert committee will be nominated to visit the institution and assess the compliance to minimum norms and standards in respect of infrastructural and instructional facilities to start programmes of technical education and training.

In addition to a demand draft for Rs 50,000, the FUI should also submit a Refundable Performance Guarantee Fee (RPGF) in favour of AICTE for an amount specified from time to time by the council. The RPGF will be kept as an FD that will be refunded after a specified period. Yearly interest accrued thereon will be released to the institution for scholarships/grants to students as per council's guidelines.

Based on the recommendations of the expert committee, the EC Sub-Committee comprising the Chairman, Vice Chairman, the Secretary Education (S&HE), Government of India and the Member Secretary (AICTE) would take the decision to issue a Certificate of Registration, after considering various factors such as quality of education, overall merit of the proposal, credibility of the foreign university as well as its Indian partner intending to start the programmes, fees to be charged etc.

The registration will be valid for a specified period during which AICTE may review the progress made and periodically inform the concerned agencies about the results of such a review. After expiry of the said period, the AICTE may extend or withdraw the registration or impose such other conditions for extension, as it may consider appropriate. In case of malpractices, registration could be revoked any time.

During the period of operation, the institution will be treated on par with other technical institutions in India and will be governed by all the rules, regulations, norms and guidelines of AICTE.

Conditions for registration

Accreditation by the authorised agency in the parent country where a grading system is in place will be the pre-requisite condition for any FIU to start its operations in India.

The educational programmes should have the same nomenclature as in the parent country. There should not be any distinction in the academic curriculum, mode of delivery, pattern of examination etc. The FUI should furnish an undertaking declaring that the degrees/diplomas awarded to the students in India will be recognized in the parent country and be treated equivalent to the corresponding degrees/diplomas awarded by the university/ institution in the parent country.

It is the responsibility of the FUI to provide for and ensure that all facilities are available and the academic requirements are laid down and announced prior to starting of the programmes. It should also declare in advance the detailed guidelines for admission, entry-level qualifications, fees of all kinds, the examination and evaluation. There should not be major deviations from the prescribed procedures in the parent country. Educational innovations, including experimentation with different modes of delivery, by a FUI will be allowed provided such a system is well established either in the parent country or in India.

Any course/programme which jeopardises the national interest of the country will not be allowed to be offered in India.

The fee to be charged and the intake in each course to be offered by a FUI should be as prescribed by the AICTE, which will consider the points put forth by the FUI. The FUI will be bound by the advice of AICTE with regard to admissions, entry qualifications and the conduct of courses/programmes.

For any regulatory disputes, the arbitration authority will be the Secretary, Department of Education in the Central Government of India. The legal jurisdiction will be the Civil Courts of New Delhi.

A FUI that has been operating in India in various forms has to seek fresh approval from AICTE within 6 months from the date of issuance of a notification or before commencement of ensuing academic session, whichever is earlier.

Punitive measures and conditions for withdrawal

If a FUI fails to comply with any of the above conditions/regulations, the AICTE, after giving reasonable opportunity, will withdraw the registration. The AICTE will also inform the concerned agencies including Ministry of External Affairs, Ministry of Home Affairs and the RBI of such decisions and advise these agencies to take the following measures:

·        Refusal/withdrawal for grant of visa to employees/teachers of the said FUI.

·        Stop repatriation of funds from India to home country.

·        Inform the public about the withdrawal of the registration of such foreign university/institution.

In case it comes to the notice of the council that a FUI has been operating in India without registration, the council will initiate a criminal case against the FUI under the Indian Penal Code.

Once the registration of a FUI is withdrawn, the council in collaboration with the concerned state government will make an attempt to re-allocate the students enrolled in such programmes to other approved institutions of the council. In such cases, the FUI should return the entire fees collected from such students to the allotted institutions in which such students are accommodated. Such FUI will not be allowed to open any other centre/Institution or enter into a collaborative arrangement in India.

Other formalities

The FUI should submit an annual report giving details of the number of students admitted, programmes conducted, total fee collected, amount transferred to parent country, investment made, number of students awarded degree, diploma and any such information that AICTE may ask for.

AICTE can inspect the institution whenever necessary, with or without prior notice, to assess the infrastructural and other facilities available or to verify the compliance of conditions, norms, standards etc.