Dr. Muhammed Idris Bhuiyan :
Before the commissioning of private universities, students often had to leave the country to study abroad in keeping with the demands of the job market, which has a preference for business administration and other technical subjects such as computer science. Public universities do not have enough seats for prospective students willing to study those subjects and going to a foreign university, spending a huge amount of money, seemed to be the only answer. Thus, the establishment of the private universities in the country was looked upon as a blessing for providing higher education to thousands of young people, much to the delight of their families as it was supposed to save huge money in foreign currency of the country. But have all these universities delivered what they promised? It is a big unanswered question. Challenges in this sector still remains undressed.
Depending on the demand of job market during nineties, private universities were introduced under the Private University Act 1992. Within a decade, 54 private universities in the country were established offering courses on subjects like business administration, computer science, medicine, engineering and others.
In a very short time, only 9 to 10 universities attained good reputation for providing quality education. There the students could complete their courses in time without disruption caused by national and teacher politics, which is a very positive sign. But shortly many other universities corped up around the metro Dhaka and other cities and towns as like other commercial enterprises. Most of these universities are now operating as ‘certificate factories’ selling certificates for a certain amount of money. The well reputed private universities, meanwhile charge very high tuition fees in the context of poor countries like Bangladesh. Initially, these private universities were registered as non-profit organization, but in the ultimate run they have changed themselves in money-making firms.
The Ministry of Education, University Grants Commission, educationists and even the representatives of some private universities have expressed their concern about the prevailing scenario in the private universities of the country. Even after decades of getting license to operate as private university on a temporary basis, none of the private universities has applied for a permanent license. Most of the universities failed to fulfill the requirements for obtaining permanent permission. Rather they violated the laws and involved in unethical activities, which virtually distorted the holy concept of private university. Thus, the private universities become a contentious topic.
There is a common allegation against most of the private universities that they sell certificates like other commodities. Many of their activities lack transparency, violating the rules they run outer campus, provide distance learning. Now PhD degree could be bought from them. They even claimed to have been affiliated with foreign institutes. And in most cases the degree is available without doing extensive research. They also enroll students without taking any test even in technical disciplines such as engineering and pharmacy.
These substandard private universities sell MBA certificate with which professionals in service can get promotions. A student who enrolls in such an institute can get certificates without even attending classes. Moreover, in the name of distance learning these universities are selling certificates violating the private university act which was amended in 1998
It is worth to mention about a private university established in 1989 under Darul Ihsan Trust. They first received a letter (dated 19.8.1993) issued by the UGC informing that only after complying with the necessary terms and conditions, the matter of approval of the university would be considered. But ridiculously, they treated this letter as approval.
The Darul Ihsan Trust did not fulfill the conditions as outlined in the Private University Act 1992 and it has not obtained permission to establish the Darul Ihsan University as yet. The appointment of the Vice Chancellor of Darul Ihsan University on regular basis was not approved by the Chancellor. The Chancellor – the President of the Republic – has not yet appointed any one as Vice Chancellor of this University till date. Therefore, the alleged university’s campuses and outer campuses are continuing unauthorisedly without any executive or official order of the concerned authorities.
Dhaka University — Oxford of the East – could not open outer campus even after 93 years of its establishment, but many of the newly established private universities having temporary approval to open outer campus for extension of their education programs are now operating in the country. It is, in fact, a suicidal act. Many private universities took the advantage and are offering courses without maintaining the standard of education, not fulfilling the conditions, without approval of the government for the outer campus. By overnight, a number of universities opened their outer campus.
Actually, the officers of the University Grants Commission and Ministry of Education did not even find time to inspect the outer campuses of those universities. The universities on their part also did not take any initiative for holding such inspection(s) as required under the law.
However, in 2007, the Ministry of Education issued a circular banning unauthorised outer campuses of private universities.
To save the system from further damage, the UGC emphasized on the circular but the authorities of the sub-standard universities did not stop their outer campuses with excuse of court cases.
Northern University of Dhaka is the first who filed a Writ Petition (No.9960 of 2007) challenging the circular for closing the outer campus. Darul Ahsan University also continued its outer campuses without any approval from the Government and the University Grants Commission. All these private universities were earlier informed by the University Grants Commission though an office memo dated 9.9.2007 to close the unauthorized Outer Campuses but they did not follow the said memo which is still in force.
These substandard universities most illegally started its outer campuses, Distance Education Programs, Regional Resource Centres etc. to destroy the career of the students. They ought to face consequences of their illegal activities. The said circular was not issued in violation of the established principle of natural justice and as such these sub-standard universities were not entitled to get any notice to show cause nor were entitled to get any chance of hearing. But they went to court mainly on that ground.
These Universities are not legally entitled to run the outer campuses in as much as they have not taken approval from the government to start and continue as such. Moreover, there is no provision in the Private University Act (Act.-XXXV of 2010) for running outer campuses by the Private Universities.
Both in the Private University Act 1992 (amended in 1998) and the Private University Act 2010, there is a strict binding provision that every Private University shall have its “Reserved Fund” to be kept as fixed deposit in a schedule Bank, but many do not have such ‘Reserved Fund.’
The new Law invoked penalty clauses for violation of any of its 16 provisions, specified under section 49 of the Act, for each offence 5 years imprisonment and a fine of Taka-10 lakh. But frequent violations at every stage or step are in plenty but we do not see any punishment. Neither the purpose of the Law was fulfilled nor any positive development observed in handling the private university’s money making mint.
It is enshrined in the preamble of the new Law in Bengali, whose English translation reads, “Whereas it has become expedient to established private university for expansion of standard education in the country and its proper management as the earlier law is insufficient relating to Private University is thereby repealed.” Unfortunately, the Law has virtually been technically opposed by all concerned and thus it failed to give effective result. The activities of the large number of such universities are severely destroying the future of our higher education. Recently, TIB report also highlighted the issue which the press covered with due importance as a matter of immense public interest.
University Grants Commission, established under President Order 10 of 1971, is inflexible and a paramount law to serve the purpose expressed in the preamble of the Order. The P.O does not provide any scope for granting approval by the Education Ministry in any matter relating to the private universities.
But in practice, the Ministry, by virtue of its self-established supremacy or predominance has subdued the law and turned the University Grants Commission a sub-ordinate body to the ministry in contravention of the UGC Order (of 1973). This is an opposing proposition.
There is no denying the fact that Private universities by and large are providing alternatives opportunities to the young people to be absorbed in the higher education system. The private universities should be improved but who will guide and tackle them, if they are not guided by the responsibilities entrusted to them. The government not only has to do something, it must be felt that it is doing something. The New Act virtually failed to provide substantial results.
‘University’ is derived from the Latin word universitas magistrorum et scholarium, which roughly means “community of teachers and scholars.” Now the conscious of the nation can only approach the leader of the Private Universities under the leadership of well reputed Private Universities to come forward with purely philanthropic mind, by over coming their instincts and thus share with the Teaching community, in open mind to find out the ways for proper management of the these universities. Quicker action could save the nation from the challenge.
If you do not invest a penny for the future or sacrifice something for future, it would turn into an unavoidable black hole, and we, as helpless as we would be then, would be immersed in the darkness with no force to extract us from its malicious doom. It is necessary that we think about the future of our coming generations and response with matching action(s).
There are as many as 71 Private Universities in the country. It is reported in the name of expansion of higher education out side the city areas, more universities are coming soon in the market, and interestingly the players of those outer campuses are leading the list with the blessings of heavy weight politicians in power. But expert opinion is that to provide higher education in general, colleges providing higher courses may be modified, teachers should be appointed there to ensure quality teaching for upholding the standard of courses offered in the district and /or level below.
Teaching enjoys average to high status. According to a number of sociological surveys, University Professors generally rank high in public estimation, comparable to medical doctors, lawyers, owners of large business and industrial establishments, bankers, and officials of the government. On a scale ranging from 1 (high) to 7 (low), a university professor is ranked 1 in most countries. Teaching is the world’s largest profession.
Teachers at the university level are the smallest group with high estimation. They should come forward to save the country from the impending disaster in the education arena. At the national policy makers’ level, there should be a national conscious that there would be no compromise as to the standard of education. And in matching policy response, there should be adequate budgetary allocation for education sector, particularly for higher education and research on basic subjects.
[The writer is an Advocate, Supreme Court of Bangladesh. Email: idris_bhuiyan @yahoo.com]
