Opening the door for Oxbridge & Ivy League: What's at stake?

Last year, as many as 6 lakh students left India to pursue a course of their choice abroad, which was roughly 2 lakh more than the number that went abroad in 2021

The University Grants Commission’s draft rules allowing foreign higher educational institutions to set up campuses in India, has elicited mixed responses from various quarters. While a section of stakeholders have welcomed the Setting up and Operation of Campuses of Foreign Higher Educational Institutions in India) Regulations, 2023 in the hope that the move will lead to quality education within the country, and thereby prompt Indian institutes to step up, there are several nagging concerns that have found their way into the discourse.

Read | We want to internationalise higher education: UGC chairman

Primary among them is the affordability of these courses, and the quality of institutions that will be interested in setting up operations in India. On its part, the UGC says that the move is to offset the migration of students outside India and to ensure a healthy and competitive educational environment inside India. Last year, as many as 6 lakh students left Indian soil to pursue a course of their choice abroad, which was roughly 2 lakh more than the number of students that went abroad in 2021, data by the ministry of education at the Parliament shows.

Dr Furquan Qamar, professor at Jamia Millia Islamia’s faculty of management studies and former adviser to the Planning Commission on education, says that the government’s decision to go ahead with a regulatory route and not through a legislation could prove to be a deterrent. “The National Education Policy states that we should take legislative measures to invite the 100 top-ranking institutes globally, and give them the freedom, autonomy and facilitation to operate in India. But the Centre has taken regulatory measures through an agency which is due for reforms,” Qamar says.

He adds that the provision in the draft rules to have the top 500 institutes, instead of the top 100 could lead to the proliferation of institutes with poor academic quality. “The best public and private institutes around the world are not-for-profit and look for an ecosystem to nurture talent where autonomy is ensured, and this entails facilitation like land as well as investments, which we are not providing. India is full of bad institutes, except for a few islands of excellence, and we do not need more of that,” Qamar said.

This is not the first time there has been an intent to allow for foreign educational institutions inside India; in 2010, the UPA government brought in the Foreign Educational Institutions Bill. Due to resistance from the then Bharatiya Janata Party, Samajwadi Party and the Left, the bill did not see passage. Some of the grounds on which it was opposed was that the earnings of the foreign institutes would be sent abroad and that these institutes would poach academic talent from public institutes.

The Left has opposed the current framework, sending out a statement that it will only “harm, dilute and destroy the Indian higher education system, leading to commercialisation”, leaving out Dalits, Adivasis and other underprivileged communities. The Aam Aadmi Party-affiliated Academic for Action and Development Delhi Teachers' Association (AADTA), said the move will help coaching institutes more than students. “The social justice concerns have been totally ignored, which is very important in our context where higher education is a very effective means for social change,” it said.

Former UGC chairperson Sukhadeo Thorat says that despite the concerns on quality of education dipping, he feels that instead, as more players come in, competition will see better academic performances. “What is concerning, however, is that the government has several restrictions on private institutes in India which will not be applicable to foreign institutes. This does not provide a level-playing field, and will have a negative impact,” he says.

This, Qamar adds, will lead to poaching of academic talent from domestic quarters, especially public universities. “Globally, we have a shortage of high calibre teachers, and it is likely that these institutions will not be able to spare their teachers and they may come as visiting professors. There is a fear of poaching of good academic talent, and we may be looking at a death knell for public institutes, which are already adversely affected by a dearth of funds,” he says.

The UGC’s rationale that allowing foreign institutes will stop Indian students from spending money abroad is contradicted by the provisions in the draft rules that allow for colleges to set up their own fee structures, says Thorat. “The profits from these courses will go to their own country, and the difference in the change of funds will not be significant. What is, however, important to note is that very few global players have set up campuses abroad; with China and Singapore being the exceptions. The costs as well as facilitation of setting up a campus here is not simple,” Throat says.

Even as these worries continue to linger, the move is likely to come into effect in the coming years, with the UGC having contacted reputed foreign institutions abroad, in addition to Indian missions and embassies.

Factbox:

July 29, 2020: The Union Cabinet approves the National Education Policy (NEP) 2020.

The NEP 2020 envisioned, inter alia, that foreign universities having global rankings within 100 will be facilitated to operate in India.

January 5, 2023: Draft University Grants Commission (UGC) (Setting up and Operation of Campuses of Foreign Higher Educational Institutions in India) Regulations, 2023 released.

Eligibility:

Foreign universities having global ranking within top 500 and/or Foreign universities reputed in home jurisdiction.

Grant of Approvals:

A standing committee of the UGC will assess applications of foreign universities, make recommendations within 45 days.

The UGC may grant approval to foreign universities to set up campuses in India within 2 years.

Admission Criteria and Fee Structure:

Foreign institutions will have the autonomy to evolve criteria and process to admit domestic and foreign students.

They shall decide "transparent and reasonable" fee structure.

Faculty:

Foreign universities will have the autonomy to recruit faculty, staff from India and abroad.

Qualifications of faculty shall be at par with the main campus.

Safeguarding Students' Interest:

Foreign universities shall not discontinue any course or close campuses in India without the UGC's prior approval or without providing alternatives to affected students.

Equivalence of Degrees:

The qualifications awarded by foreign universities to the students in the campuses in India should be equivalent to the corresponding qualifications awarded by them in main campuses.

The qualification shall also be equivalent to any corresponding degree awarded by the Indian universities.

Securing India's National Interests:

The foreign universities shall not offer any such programme or course, which are contrary to public order, decency, or morality and/or jeopardises the national interest, sovereignty and integrity of India or the standards of higher education in India.

Finances:

Cross-border movement of funds and maintenance of foreign currency accounts, mode of payments, remittance, repatriation and sale of proceeds shall be as per the Foreign Exchange Management Act (FEMA) 1999 and the relevant Rules.

The Foreign Educational Institutions (Regulation of Entry and Operations) Bill, 2010 was introduced in Lok Sabha in May 2010. It, however, lapsed with dissolution of the 16th Lok Sabha in May 2014.

Expenditure by Indian students for higher studies abroad:

2021-22 – $5,165 million

2014-15 – $277.10 million

2012-13 – $114.3 million