Section 3 in University Grants Commission (Open and Distance Learning) Regulations, 2017
3. Recognition of Higher Educational Institutions offering programmes in Open and Distance Learning mode.
(1)Every Higher Educational Institution offering a programme in Open and Distance Learning mode in pursuance of an approval granted to it for the purpose by the then Distance Education Council or by the Commission or by any other regulatory authority or intending to offer a programme in Open and Distance Learning mode from the academic session immediately after the notification of these regulations shall, for grant of recognition, make an application to the Commission in such form and manner as laid down in sub-regulation (2) on fulfilment of the following conditions, namely :-(i)the Higher Educational Institution has the approval of the statutory bodies under the Act for offering the programme in Open and Distance Learning mode;(ii)the Higher Educational Institution shall adhere to the policy of territorial jurisdiction as specified in Annexure IV;(iii)the Higher Educational Institution other than an Open University, is offering similar programme in the conventional mode of classroom teaching;(iv)a copy of such application is displayed on the website of the Higher Educational Institutions by way of self disclosure;(v)that the application is accompanied by evidence of having prepared the self learning materials required for the programmes of study, duly approved by the statutory bodies of the Higher Educational Institutions empowered to decide on academic matters;(vi)the application is accompanied by evidence of availability of Open and Distance Learning resources adequate for effective delivery of all the proposed programme(s) of study and the expected enrolment of students;(vii)the application is accompanied by evidence of the preparedness for establishing Learner Support Centres, providing Learning Support Services, establishing Centre for Internal Quality Assurance, availability of the academic and other staff in the Unit and Learner Support Centres of the Higher Education, availability of qualified Counsellors in the Learner Support Centres meeting such standards of competence as specified in Annexure V, and the administrative arrangements for supportive services for effective delivery of Open and Distance Learning;(viii)[ The Higher Educational Institution has completed five years of existence: [Substituted by Notification F. No. 2-4/2018 (DEB-I), dated 6.9.2018 (w.e.f. 23.6.2017).]Provided that the Higher Educational Institutions shall submit an undertaking to the effect that it will attain a National Assessment and Accreditation Council (NAAC) score of 3.26 on a 4-point scale before the end of academic session July 2019-June 2020, failing which, the Commission shall not accord any approval to the Open and Distance Learning Programmes of the Higher Educational Institutions:Provided further, that this clause shall not be applicable to Open Universities till the time they become eligible for NAAC accreditation and it shall be mandatory for Open Universities to get NAAC accreditation within one year of their becoming eligible for the same:Provided further, that an institution Deemed to be a University so declared by the Central Government shall offer the Open and Distance Learning courses or programmes as per the extant Deemed to be a University Regulations and other relevant Regulations notified by the University Grants Commission from time to time and after due inspection of the off-campus centres or study centres or both as applicable, are found adequate.](2)[ A Higher Educational Institution intending to offer a programme in Open and Distance Learning mode for academic session immediately after the commencement of the University Grants Commission (Open and Distance Learning) Second Amendment Regulations, 2018 and for subsequent years shall, notwithstanding that it has obtained permission from the then Distance Education Council or by the Commission for offering a programme in Open and Distance learning mode for next coming academic session and for subsequent years, shall make an on-line application in the format specified by the Commission, and upload the same on the specified portal along with scanned copy of the documents specified therein, at least six months before the commencement of the academic session of the programme intended to be offered by such Higher Educational Institution. However, the Commission may relax this period of six months at its discretion only for the academic session July 18 - June 19.] [Substituted by Notification F. No. 2-4/2015 (DEB-III), dated 6th February, 2018 (w.e.f. 23.6.2017).](3)The Commission shall process the application received under sub-regulation (2) of regulations 3 in the following manner, namely:-(i)any deficiency or defect in the application shall be communicated by the Commission to the Higher Educational Institution preferably within one month from the date of receiving the application and the Higher Educational Institution shall be required to remove or rectify such deficiencies or defects with the necessary documents or information, if any within fifteen days;(ii)where the Higher Educational Institution has made an application for offering programme (s) in Open and Distance Learning mode, notwithstanding that in respect of such programme(s) the Distance Education Council (DEC) or Commission had caused the inspection of the institute in the past or prior to coming into force of these regulations, the Commission may cause an inspection, in respect of such programme(s), of the Higher Educational Institutions at its discretion through an Expert Committee; and(iii)the Commission shall examine the application with the help of an Expert Committee constituted by Chairman of the Commission and the recommendations of the Committee shall be placed before the Commission for its consideration.(4)After processing the application in the manner laid down under sub-regulation (3) of regulation 3, the Commission shall-(i)if it is satisfied that such Higher Educational Institution fulfils the conditions laid down and the quality parameters specified under these regulations, pass an order granting recognition to such Higher Educational Institutions for a period of five years in respect of such programmes as it may specify in the order, and subject to such conditions as it may specify:Provided that while passing an order, where the Commission does not grant recognition in respect of one or more programmes, the Commission shall specify the grounds of such refusal in the order:Provided further that before passing an order, the Commission shall provide a reasonable opportunity to the concerned Higher Educational Institution of being heard.(ii)if it is of the opinion that such Higher Educational Institutions does not fulfil the requirements laid down in clause (i) in respect of any of the programme intended to be offered by the Higher Educational Institution, pass an order refusing recognition to such Higher Educational Institution for reasons to be recorded in writing.(5)Every order granting or refusing recognition to a Higher Educational Institutions for programme(s) in Open and Distance Learning mode under sub-regulation (4) shall be communicated in writing for appropriate action to such Higher Educational Institutions and to the concerned State Government and the Central Government.(6)Every Higher Educational Institution, in respect of which recognition for programme(s) has not been granted by the Commission, shall discontinue the programme(s) in Open and Distance Learning mode with immediate effect.(7)No Higher Educational Institution shall offer a programme in Open and Distance Learning mode for academic session immediately after the notification of these regulations and for subsequent academic session and admit students thereto unless it has been granted recognition for the programme under clause (i) of sub-regulation (4).Explanation. - for the purpose of this regulations "Distance Education Council" means the Distance Education Council constituted under statue 28 under the Indira Gandhi National Open University Act, 1985 vide notification GSR No. 692 dated 22.11.1991 (which has since been repealed vide notification number IG/Admn(G)/DEC/2013/3148 dated 14.08.2013 published in Part III, Gazette of India dated 31.08.2013.
