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Cal HC: ‘Not becoming’, ‘arbitrary’ of NUJS to suddenly stop online courses for enrolled students

It does not become a premiere institution to be arbitrary, says Cal HCIt does not become a premiere institution to be arbitrary, says Cal HC

NUJS Kolkata was wrong in cancelling its online courses for those students who were already mid-session in these courses, the Calcutta high court said in a temporary order.

Justice Protik Prakash Banerjee heard the writ of Abhisek Panda and other students who had challenged the NUJS order that had suddenly shut down all the distance learning courses that it was offering through third party service providers, and wrote in his 1 November interim order:

Prima facie, I find that such course of action which affects the vital right of students without prior notice to them and without even offering to refund the fees that they have paid is arbitrary and does not become a premier institution such as the National University of Juridical Sciences.

the On-line courses for which the petitioners have enrolled prior to June 27, 2018 were something which the writ petitioners were entitled to complete and prima facie they are entitled to certificates if they completed successfully. Accordingly, [The order shutting down the courses] must be treated to be prospective and, therefore, the operation of [the order] shall remain stayed so far as those petitioners who have enrolled themselves and paid the fees prior to June 27, 2018 are concerned.

The judge also said that in further hearings of this writ it needs to be investigated why NUJS tied up with a non-UGC certified third party service provider to offer these courses in the first place.

He said that this order will continue to operate for two months until court re-opens after the winter break, after which the petitioner can apply for an extension of its operation.

NUJS had in June suspended distance learning courses that it was offering through third party service providers and this resulted in certificates being held up for students who had already completed courses, examination having been stalled for other students and overall confusion among the students currently pursuing these diploma and certificate courses offered by the law school, as we had then reported.

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1
Like +13 Object -2 Whois 08 Nov 18, 19:02  interesting
Every IIM, many IITs, IIFT, GNLU, IIIT etc has tied up with many private technology and services providers to offer online courses. My lord should be made familiar with those of he is shocked that there is a private technology partner involved in online courses.
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Like +2 Object -2 Guest 08 Nov 18, 22:37
If it is only a technical service provider as this report states, then you are absolutely right. However, if I remember correctly this wasn't the case here. Kian, can you set the record straight on this point?
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Like +3 Object -0 Guest 09 Nov 18, 20:19
IIT Bombay provides courses on Edx which is not merely a technical services provider. Riidl of Somaiya (an excellent makerspace), collaborates with several private entities both in India and abroad...
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Like +3 Object -0 Gigaon 12 Nov 18, 00:18
I can think of many many other examples. GNLU with Enhelion, RGNLU with My legal studio, NIIT imperia and Hughes with every possible IIM, BHU etc. NUJS did something sensible that brought it significant revenues. The pinch will be felt now.
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2
Like +7 Object -1 Whois 08 Nov 18, 22:52  interesting
As far as I know NUJS describes ip leaders as technology partner. I think it also provides customer service and marketing support (which is why I suppose these courses have thousands of students while other distance courses of nujs gets 20-30). If university isn't good at something makes sense that it outsources such things to outside experts and focus on academics.
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Like +9 Object -1 Guest 09 Nov 18, 00:20  interesting
The "acting" VC owes an explanation now. He cannot keep refusing to comment.
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4
Like +12 Object -0 nujs1 09 Nov 18, 00:22  interesting  top rated
Given the speed at which NUJS makes news LI should consider opening another extra portal or subdomain for NUJS exclusively.
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5
Like +11 Object -2 MMX 09 Nov 18, 00:43  interesting
Great decision and a slap in the face of the admin. Let this be a warning that the students will approach the court if the review committee recommendations are not implemented within one year of the new VC taking office -- so go ahead and install your puppet VC at your own risk (as is being planned).
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Like +2 Object -9 Alias 09 Nov 18, 06:53
Er.. this looks like a marketing plug. What are you trying to say?

1. Questioning whether or not a party is UGC "certified" is not the same as banishing private enterprises

2. Whether NUJS or anyone labels the party as a 'technical partner' is quite irrelevant

3. By all accounts, it seems the courses were run by a private enterprise under the stamp of the university

4. It is not like the private enterprise was hired on a small fixed fee. Instead, it was giving NUJS a minor % as commission like a royalty

Since the Govt established, funds, supports & supervises NUJS which has enabled it to create its massive & impressive credibility, examining propriety in lending that name to a private enterprise for a small fee are quite valid. Let the court examine and be satisfied. What is the issue?
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Like +7 Object -2 Carromboard 09 Nov 18, 11:14  interesting
Of course the courts will examine and your fantastic theories of "small fee", "lending name" etc will all come tumbling down. Can you tell me what was the profit from these courses (revenues minus cost) and how much of that was received by NUJS and how much by iPleaders? Can you show where the name was lent, because what I see on the website is that courses are being run in name of NUJS, which also receives all the money? Also, if you thought that it was not a good contract that University entered into, why not terminate the contract and instead put students in jeopardy and force the university to face tremendous fiscal uncertainty?
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6.2
Like +7 Object -0 nujs1 09 Nov 18, 13:27  interesting
If there was indeed some irregularity why has the University administration, the holier than thou new one, has not published any statement about it? Let it come out with all details in the open. What is it hiding?
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Like +5 Object -1 Good Decision 09 Nov 18, 10:04
A very good decision by Justice Banerjee. Should be applauded.
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Like +11 Object -1 Guest 09 Nov 18, 10:37  interesting
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Like +4 Object -3 Guest 10 Nov 18, 03:45
Shame on NUJS students. You always moan about supposed lack of good faculty and efficient admin. Yet, when you get NLU alumni with good qualifications, you show no interest in class. You prefer mediocre people who gift easy marks. When admin tries to implement rules correctly, you want leniency and exemptions.
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Like +1 Object -1 Whisperer 10 Nov 18, 21:54
Someone commented elsewhere that the ad for the VC has been challenged in the Calcutta HC. Or is it the one on Registrar? Can we have more info on this? By the way what happened to the writs in Delhi High Court?
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Like +1 Object -1 Guest 11 Nov 18, 01:11
it's fake news buddy
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Like +1 Object -0 ppomonger 11 Nov 18, 21:35
Kian NUJS does not seem to be acting on this order at all. Can you get a quote from NUJS admin on this?
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Like +0 Object -0 Guest 12 Nov 18, 19:46
I doubt he can. The previous VC couldn't say a word. The current one wouldn't say a word.
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Like +0 Object -0 khirsagar 13 Nov 18, 17:06
the university is completely ignoring this order. Emails and calls by students are going unresponded.
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Like +0 Object -0 Guest 13 Nov 18, 18:49
Probably Lord Taluk considers this judge way too junior to pay any heed to his orders!
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Like +0 Object -0 Guest 13 Nov 18, 19:54
A contempt petition should be filed and the acting VC himself should be impleaded as a party. Also, a criminal complaint for fraud/breach of trust should be filed against the acting VC and Registrar. The SJA also needs to apply pressure as part of a bigger battle, because an attempt is being made to instal a puppet VC.
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Like +2 Object -0 Puppet 13 Nov 18, 23:57
Lord Taluk is both a puppet and a puppeteer. It wouldn't matter if he is replaced with another puppet. You are putting too much faith in the SJA. There is precious little they can do. Did they get anything substantial done in the last EC? The SJA would like to think that they had PIB and SAK ousted and sidelined the PIB mafia by exposing the distance education scam. But all they did was simply allow one mafia replace the other. They are incapable of identifying the real enemies.

Lord Taluk knows he can brazen this out. And he knows that students have no option but to accept unilateral fee hikes that will finance refunds for distance edu courses and pay for a bloated and vile admin and faculty staff, litigation and arbitration fees.

SJA apparently had the university agree to an online RTI facility. The SJA keeps ranting about opacity and information blockade from the administration. Why has it not used this online RTI option? Or even the offline route?
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Like +0 Object -0 Noojie 14 Nov 18, 04:33
Maybe it is best to get UGC involved. Aren't we supposed to have UGC representatives in the EC and AC? Who are the UGC representatives right now? One can understand if the private partners of distance edu courses are shying away from contacting UGC. But why is Lord Taluk and the Registrar maintaining distance from UGC?

If the UGC is informed maybe they will finally get the university to take action on the crores of money that have been given in excess to DEOs

See www.telegraphindia.com/states/west-bengal/ugc-asks-visva-bharati-to-recover-staff-excess-pay/cid/1675154?ref=west-bengal-atf_west-bengal-page

Or even push the university to take decisive action against the erring university staff who should be made liable to indemnify NUJS against the loss caused due to litigation fees and impending fee refunds.

How long will we allow ourselves to be fleeced to bankroll the corrupt in NUJS?
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Like +6 Object -1 Abc5 14 Nov 18, 11:33  interesting
What about the excess pay made to the three (then)associate professors of NUJS who in spite of a decision in the EC for recovery of the excess amount paid to them, has till date not refunded back the excess amount paid to them.What action has Lord Taluk taken on recovery of excess amount paid to these faculty members?
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Like +0 Object -0 Informant 14 Nov 18, 15:33
Gossip is that 7-8 applications have come in for the VC position. 16 days remaining, so another 15 or so expected. But only 4 or 5 will really be strong contenders. After this, the candidate will be selected with or without an interview. Everything will be done when the students are away. Well played admin!
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Like +0 Object -0 Knows Nothing 14 Nov 18, 23:25
Read the EC minutes carefully. Some of us did during #PIBOut. An opinion was initially sought by the EC from Justice Shyamal Sen. The EC received and accepted his opinion but for unexplained reasons, they sought another one from Justice Amit Talukdar. After some delay he submitted his piece and that was also accepted. The trio were let off based on Taluk's opinion but he also had AKP pay back the TA that the latter took in addition to the use of official vehicle during his time as the Registrar (Acting). That has apparently been recovered.

Interestingly, the EC records do not mention details of the legal opinions by Justices Sen and Talukdar. However, some whistleblower circulated those anonymously. Justice Sen's opinion was robust and scathing. It indicted the trio. Lord Taluk was verbose, dilatory and not for once did he engage with and rebut the opinion of Justice Sen possibly due to fraternal jealousy. Couched in rather weak legal reasoning, he let off the trio for extraneous reasons. Lord Taluk directed TA recovery from AKP because the defence was very flimsy.

The trio were also indicted by a retired district judge who actually calculated the lacs that would have had to be recovered. But that too got waylaid by Lord Taluk's opinion. So, what we have now is an EC that has accepted Justice Shyamal Sen's opinion indicting the trio but also the contrary opinion of Lord Taluk (that was commissioned after Justice Sen's opinion had been submitted to and accepted by the EC, which was also aware of the indictment by the district judge and recovery calculations).

Probably this makes it clear why two among the trio are leading members of the Justice League. I am not suggesting that you or anyone should back off from demanding recovery of excess funds from the faculty trio. But you probably understand the complications with Lord Taluk in the hot seat. The matter was hushed up in an earlier EC. What chance that it will be meaningfully and transparently discussed now? And does the EC really care?

A few months ago all of us got an email which underlined the relevant sections of the Justice PN Sinha report that two lovely ladies in faculty and admin ranks had collaborated to destroy and squirrel out damning evidence against a former Registrar. They also had the audacity to mislead the Sinha inquiry. What did the admin or EC do then or now? Not even a fake slap on the wrist. But slapping a student repeatedly and then faking an apology note (with no clarity whether it was accepted by the complainant) is enough to ward off any meaningful disciplinary action.

Ironically this lovely person with exemplary credentials most recently inquired into an incident of student violence on campus; will be an EC member soon and is a core member of the Justice League. Still think you can get anything legit done while Taluk lords over NUJS and its coffers?

Why stop at recovery of excess amounts paid to DEOs, rogue faculty et al? We should just stop paying fees unless we get what we paid for. We didn't pay fees for Lord Taluk to entertain us with Justice League playing politics with Injustice League; to create and settle IOUs with his friends in the Bar via avoidable litigation and arbitration fees; to trade in political favours; to oversee the creeping acquisition of our university by political factions; to install political hacks in key faculty and admin positions et al.

We can wait for Lord Taluk to turn our university into a wasteland (as is the case with many institutions in Bengal but also elsewhere in India) or assert our collective power to make changes that matter to us.
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Like +0 Object -0 Idle Talk 15 Nov 18, 01:34
Yes EC had recommended so many things, including ratifying and approving the various distance edu courses that it is now investigating. Sure it was misled (or rather the EC couldn't care less what it was being fed) and wants corrective action. So it installs a political puppet who acts as a puppeteer. I want to know where were the holy souls of Justice League when all these courses were being approved by the AC and EC? Did they dissent and have it recorded? If PIB was being difficult and abused his position to administratively blank out dissenting notes in the EC and AC minutes, why did these higher mortals not file formal complaints or even approach the external EC and AC members or others? They are lobbying quite well with quite a few then. Hell, Lord Taluk was in the EC when many of these courses were being approved. What did he do then?

You want or think there will be action, right? Why don't ask our dear Lord Taluk to give a status report on the various inquiries and explain the (deliberately) slow pace. Some have not even started! [...] But Lord Taluk knows that. Have show cause notices been served? The AC and EC directed various inquiries on 10th and 12th of May. Will your dear admin please explain when they had the office orders issued for starting these inquiries? Can they explain the delay and institutional nonchalance? Certainly not expected of Lord Justice.

Can he explain why would well funded research centres be pushed into closure? Where is the evidence Lord Justice? Now that political trade offs have been made they will restart. The only thing that happened due to student action was a reset in the dealmaking calculi.

Guess who will pick up the tab? We, the students. The faculty and admin care about their paychecks. That's why they would read pay and promotion related UGC et al notifications carefully but claim ignorance when it comes to recruitment, distance edu etc. So the time servers will remain; the opportunists will pad up and leave; and the dedicated will be turfed out unceremoniously by the time servers and opportunists. If you are not with then, you are against them.

The faculty and admin get paid because we pay our fees. Right now we are not paying for quality education but our exploitation. Why should we pay high fees when we are going to become the regular dysfunctional, politically riven law colleges that depend on government dole. Our fees are meant to preserve our financial and academic autonomy to achieve excellence.

The only way we get this right is to take back what is rightfully ours. They are the few, we are the many. They are helping themselves at our expense. Nothing about us without us. And yes, us means every f***ing thing in this university and just not what we study, eat and s**t.
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Like +0 Object -0 Gigaon 15 Nov 18, 11:02
Cheating and fraud :D you will spend a lifetime and find nothing because there wasn't any. Your panic is justified because the lies you perpetrated and the rumours you spread are falling off like autumn leaves. EC was influenced by placing one sided fake documents, and false claims based on twisted legal interpretations. Courts will put everything straight, with time, and you will be left to deal with the shame of being exposed for your malafide agenda. And students will know who to blame for their fees being squandered on huge refunds, compensations, litigation. Btw, Calcutta HC has not recommended any investigation. It has said that NUJS will have to explain in court in what situation it entered into a contract with a private party, for which there are perfectly justifiable explanations. For example, these courses have over 3000 students, while other distance courses of NUJS are huge flops. no other online courses even run by other NLUs had students or revenue like these, which were not possible without private partnership, and will now not be possible again.
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Like +0 Object -0 Guest 15 Nov 18, 14:44
NKC has applied for VC, according to a faculty member.
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