Central Information Commission Judgements

Mr. Gaurav Jain vs University Grants Commission on 24 December, 2009

Central Information Commission
Mr. Gaurav Jain vs University Grants Commission on 24 December, 2009
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                                                   Decision No.CIC/SG/A/2009/002852/6070
                                                         Appeal No. CIC/SG/A/2009/002852

Appellant                                 :       Mr. Gaurav Jain,
                                                  WZ-603 A,
                                                  Palam Village,
                                                  New Delhi-110045

Respondent                                :       Ms. Kundla Mahajan
                                                  Public Information Officer &
                                                  Section Officer
                                                  University Grants Commission,
                                                  Bahadurshah Zafar Marg,
                                                  New Delhi-110002

RTI application filed on                  :       13/07/2009
PIO replied                               :       (Not clear)
First Appeal filed on                     :       07/09/2009
First Appellate Authority order           :       30/09/2009
Second Appeal Received on                 :       26/10/2009
Notice of Hearing Sent on                 :       24/11/2009
Hearing Held on                           :       24/12/2009

 S.No          Information Sought                                 PIO's Reply
 1.   Why is it that although Amity claims      Amity University Uttar Pradesh at Gautam
      to be UGC recognized, it does not         Buddha Naar, (UP) has been established by an
      feature on website of UGC. What is        Act of State Legislature of Uttar Pradesh as a
      the truth? Is Amity really UGC            Private University specified under Section 22 of
      recognized?                               the UGC Act at their main campus i.e Gautam
 11.  If UGC gets information that there is     Buddha Nagar, Uttar Pradesh with the approval
      high level of "lack of transparency' in   of Statutory Councils, wherever required.
      checking & marking of answer sheets
      and appointment of new faculty in a       Inspection by UGC as per he requirement of UC
      university recognized by UGC, what        Act, 1956 and UC(Establishment of and
      steps does UGC takes. Attach a copy       Maintenance of standards in Private Universities
      which gives this information.             Regulations, 2003 for ascertaining academic and
                                                physical infrastructure of a University is yet to be
                                                carried out in the case of Amity University, Uttar
                                                Pradesh Gautam Buddha Nagar

                                                Amity University, Uttar Pradesh at Gautam
                                                Buddha Nagar, is not authorized to open study
                                                centre/off campus centre beyond the territorial
                                                jurisdiction of the State as per the decision of
                                                Supreme Court of India in case of Prof. Yashpal
                                                                                 Page no. 1 of 3
                                                   Vs Government of Chattisgarh.
                                                  The University can not open its centre without he
                                                  approval of UGC even within the State as per the
                                                  provision of UGC Regulations, 2003

                                                  For distance education program Approval letters
                                                  for course under distance mode should clearly
                                                  state that the courts had been approved by the
                                                  Joint Committee UGC, AICTE and Director,
                                                  DEC as per the provision laid down under clause
                                                  9 of the MOU signed by UGC-AICTE-DE.

There were following questions (2 through 10) transferred to Amity University, Uttar Pradesh
at Gautam Buddha Nagar (UP) for reply.
    2.    If they are recognized, what is the protocol to recognize a university by UGC? How
          often is this process repeated or is it a one time process.
    3.    Amity says that it's a 'non profit' university, (when they can't even reduce the fee of
          a student, i.e, Appellant, who they 'accidentally' placed in 'self-massive difference of
          2.5 Lacs). Can UGC explain on what grounds this 'for-profit' university can boast of
          baring 'non-profit' university?
    4.    What benefits does as student get in lieu of the high fees he pays in self-sponsored
          category?
    5.    Does Amity uses different GD and Interview standards for Self-sponsored and non-
          sponsored categories?
    6.    if Amity does not use different standards, under what conditions of a student, who has
          been cleared by the GD & Interview panel for admissions in the non-sponsored
          category, is shifted to self-sponsored category. Provide the list of those conditions and
          also tell under which condition odes may case come.
    7.    Can UGC provide the following information of Appellant's and the last student
          admitted in the non-sponsored category in MBA (general) batch of 2010 in ABS,
          Amity University, Noida.
          a. GD score
          b. Interview Score
          c. Cumulative Score
          d. Rank among the 720 odd students.
    8.    Is there a cap on the no. of students a university can enroll in a professional course
          like MBA? Provide a copy of rules and guidelines and conditions a university should
          meet before increasing the intake of students.(How can anyone take 1500 students in
          course like MBA?)
    9.    The standard way teaching in MBA is through CASE STUDIES. Why this is
          sparingly used in ABS (Amity Business School), hardly 1-2 case studies per semester,
          and that too given as assignments. If ABS has any arguments against the "Case-
          study" method, provide them.
    10.   Provide a copy of guidelines that Amity follows while appointing a new faculty. How
          do they follow up that the quality of knowledge that the teachers is imparting is not
          bellow par?

Grounds for First Appeal:
Not enclosed.


                                                                                   Page no. 2 of 3
 Order of the First Appellate Authority:
FAA informed the Appellant that reply given by the PIO was correct. Appellant was informed
that the Amity University is also covered under RTI Act, 2005, so approach the University
directly.

Grounds for Second Appeal:
Incomplete and not precise information in respect of two questions (1 and 11) were replied by
UGC other remained was forwarded to Amity University, was not replied.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Mr. Gaurav Jain;

Respondent: Ms. Kundla Mahajan, Public Information Officer & Section Officer;

The PIO has provided information and the appellant’s queries largely do not seek
information as defined under Section 2(f) of the RTI Act. The Appellant is now framing his
queries in about focused manner and the PIO is directed to provide the information on these:

1- Whether AMITY University is recognized by the UGC.

Decision:

The appeal is allowed.

The PIO will give the information mentioned above to the Appellant before 05 January
2010.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
24 December 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj

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