Indische Hochschulen, die ein Memorandum of Understanding (MoU) mit ausländischen Universitäten unterzeichnen, müssen künftig im Rahmen des nationalen Interesses das indische Außenministerium in diesen Prozess einbinden.
HRD to institutes: Follow MEA, inform us on foreign MoUs
In what could end up impinging upon the autonomy of higher educational
institutions, the Human Resource Development Ministry has proposed that while
signing any Memorandum of Understanding (MoU) for collaboration with foreign
universities, Indian institutions must refer to the Ministry of External
Affairs' (MEA) advisory in context of "national interest", as well as keep the
MHRD "informed".
This could, however, be completely contrary to Acts
governing higher educational institutions like IITs, central universities and
NITs which give them the power to enter into academic collaborations with other
educational institutions, including foreign ones.
An internal note of the
Department of Higher Education on the issue of "consolidated instructions with
regard to collaboration with foreign universities for faculty exchange, research
projects and other forms of MoUs" states that "in order to have a uniform system
that encourages global partnership within the framework of national interest, it
is important to be guided by the MEA with regard to nations with which
collaboration can be sought".
"In the case of faculty exchange programmes
and research projects partnerships, higher education institutions should always
refer to general advisory about countries that the MEA may have in context of
national interest. We may request the MEA to provide this ministry regular
updates for guidance of higher education institutions with regard to partnership
for faculty exchange and research projects with other countries. If the MEA
advisory if available on the website, higher education institutions can follow
them and go ahead with such partnerships. They shall keep the MHRD informed.
Copies of MoUs may also be made available to the MHRD," it states.
The
ministry's latest proposal is in tune with HRD Minister Smriti Irani's view.
During a retreat of Vice-Chancellors of central universities in Chandigarh last
year, presided over by Irani, the ministry had asked all VCs to send MoUs signed
by their universities "during the last 20-25 years, within a period of one
week".
This also comes at a time when there is a controversy brewing over
IIT-Delhi's MoU with the Mauritius Research Council for setting up an
International Institute of Technology Research Academy in Mauritius, with the
ministry claiming the MoU violates the IIT Act. The ministry has set up in
inquiry into the MoU.
Interestingly, if finalised, this HRD ministry's
proposal will revisit a ministry order of August 2004 which had withdrawn
previous guidelines that mandated central universities, deemed universities and
state universities to take permission of MHRD, UGC and concerned state
governments for signing MoUs with foreign universities. The guidelines were
withdrawn with the ministry noting it was an "unnecessary interference on the
autonomy of institutions".
While the MHRD may be trying to regulate MoUs
signed by such institutions and universities, they are all governed by different
Acts which give them the freedom to collaborate with foreign universities as
they deem fit.
For instance, the Central Universities Act, 2009, states
that the universities can "cooperate or collaborate or associate with any other
university of authority of institutions of higher learning, including those
located outside the country, in such manner and for such purposes as the
university may determine".
The IIT Act too states that "subject to the
provision of this Act, every institute shall exercise the following powers and
perform the following duties, namely to 'cooperate with educational or other
institutions in any part of the world having objects wholly or partly similar to
those of the Institute by exchange of teachers and scholars and generally in
such manner as may be conducive to their common objects".
The NIT Act,
2007, reads similarly. State universities, meanwhile, are governed by state Acts
with most universities having their own Act. The ministry note also says with
regard to higher education institutions setting up campuses outside or
facilitating setting up campuses outside India, "prior approval of the MoU by
the MEA and MHRD shall be a mandatory requirement". "They cannot proceed ahead
without clearances," it adds.