LUCKNOW UNIVERSITY MBA UNRECOGNISED

RESPECTED MAHAMAHIM GOVERNOR, U.P. / CHANCELLOR, LUCKNOW

UNIVERSITY LUCKNOW
Honble SIR,

I BRING TO YOUR KIND INFORMATION FOLLOWING FACTS AND WOULD REQUEST YOU TO INITIATE SUO MOTTO IMMEDIATE ACTION WHICH IS MOST EXPEDIENT IN THE INTEREST OF JUSTICE AND EQUITY, TO SAVE FATE OF HUNDREDS OF STUDENTS

LUCKNOW UNIVERSITY COMMITTING FRAUD TO STUDENTS:

1. That Lucknow University is awarding illegal and unrecognised (not recognised from AICTE which is Mandatory requirement for any MBA degree, which is a professional curriculam) MBA degree from Institute of Management Studies (IMS) after charging exhorbitant fees. This fact came to light very recently when some students who had these fictitious degrees, were denied Government Jobs. If this fact comes to the knowledge of Private Sector, these poor students who have spent lakhs of Rupees to get these fictitious degrees, probably they will be shunted out from private sector too. Please, for the sake of students at large the Honourable Governor of UP who happens to be the Chancellor may take suo motto cognizance of this fact and immediately order Lucknow University for the closure of IMS itself.

2. That one member raised the issue in the recent meeting of Academic Council in its meeting held on 25.02.2009, but for reasons best known to authorities he was snubbed down but thanks god to his courage he gave in writing the following note of dissent which is self explanatory.

NOTE OF DISSENT Regarding ltem No, 08 & Supplementary Agenda
The Academic Council has no jurisdiction to consider any matter regarding IMS unless and until the Ordinances of IMS are approved by Hon’ble Chancellor and neither it is established under Statute No. 7.01 of University of Lucknow, First Statute and its proceedings under consideration are also not duly passed by its Board of Studies and the concerned Faculty.The Hon’ble Chairman has also officially stated in the Minutes of the Finance Committee Meeting dated 21.12.2000 p and duly approved by Executive Council Meeting dated 24.12.2000 that “On the query raised by Finance Officer under First Statute 27(3) Statute 7.07 whether the courses run by IMS comes under department of Business Administration under Faculty of Commerce. Hon’ble Chairman clarified that all the courses conducted by IMS falls within the Department of Business Administration.”

Therefore, all the Ordinances of courses conducted by IMS be first approved by the Board of Studies of Department of Business Administration and then by Board of Faculty of Commerce. Then only this body is competent to consider any Ordinances/Rules etc. regarding IMS. But this procedure has not been followed in the present case. University of Lucknow, First Statute also states: Sections 25(1) (c), Statute No. 5.06. Subject to the provisions of the Statutes and the Ordinances the Academic shall have the following powers, namely

“(i) to scrutinize and make its recommendations on proposals submitted by the Board of Studies through the Faculties in regard to the courses of study and to recommend principles and criteria on which examiner and the inspectors may be appointed, for the consideration of the Executive Council”.

Further in view of the fact in University, there cannot be any separate institute with special provisions. In this context the following resolutions of two different and competent bodies of the University are worth noting, as follows:
Minutes of the Meeting of Academic Council, held on Tuesday, May 25,1999 Resolution No. 12 “The Council considered the recommendations of the .Board of Governors of the Institute of Tourism Studies held on 13-3-1999 regarding certain change in the PGDTM Ordinances. The Council was of the view that the Institutes established in University may be attracted to their respective faculty. It was further resolved to authorise the Vice-Chancellor to constitute a Committee to go through the Governing Rules of Institute of Tourism Studies and other Institutes and to submit its report for consideration by the Academic Council. The Council restrained fresh admission to PGDTM and BTA Courses for the session 1999-2000 till revision of Governing Rules as per; report of the aforesaid Committee”. No such Report of the Committee so constituted has been ever received and considered and passed by the Academic Council. Minutes of the adjourned meeting of the Executive Council, held on Tuesday, October 27,1998, Item No. 20 “The Council considered the. recommendation of Academic council, regarding the Institute of Public Administration, in all the bearings. It was resolved that as per Statute 7.03 Public Administration being a Department of the Faculty of Arts the proposal of the -.Academic Council is not permissible under the rules and therefore, be rejected”.

Therefore, any decision taken thereof in respect of IMS by this Academic Council will be illegal, null and void in the eyes of law.

25.02.2009
(Dr.Niraj Kumar) Member. Academic Council, LUCKNOW UNIVERSITY

DISCREPANCIES IN INSTITUTE OF MANAGEMENT SCIENCE (IMS), LUCKNOW UNIVERSITY

3.   That the basic foundation of the establishment of INSTITUTE OF
MANAGEMENT SCIENCE (IMS) is based on gross misinterpretation and misinformation of facts. The Official Brochure and Web site of University declares that the INSTITUTE OF MANAGEMENT SCIENCE (IMS) has been established by GOVERNMENT ORDER (GO) no 3049/70-4/97-3 (34)/97 dated 15 Jan 1998, but the fact is the referred GO is NOT a G.O. . IT IS JUST A GOVERNMENT CLARIFICATION of university letter no VC/camp/320/97 dated 09-09-1997 and it only relates to appointment on various posts in self finance courses. Further the contents of the above government letter have been nullified vide G.O. no 0214/70-4/2000-7(7)/94 dated 04-02-2000.
4.   That the Institute of Management Science (IMS) was established to impart teaching for the various management programmes approved by the All India Council of Technical Education (AICTE). viz.. Master of Corporate Management (MCM), Master of Finance Control (MFC), Master of International Business Management (MIBM). Master of Marketing Economies & Management (MMEM), Master of Management Sciences (MMS), Master of Tourism Management (MTM) etc. as claimed in their ordinances and Rules so framed but not till date approved by H,E, The Chancellor of Lucknow University.
5.   That it is pertinent to point out that even the above referred government clarification had approved the creation of teaching posts in respect of these programmes only and on date these courses do not exist.

6. That G.O. no 0214/70-4/2000-7(7)/94 dated 04-02-2000 Point No. 4 clearly states if in any circumstances it is not feasible to run the existing courses they may be closed down and the services of Teaching and Non-teaching staff so appointed for these courses be deemed to be automatically ceased. Since all the above courses have been closed down how the Lucknow University is continuing and making fresh appointments in INSTITUTE OF MANAGEMENT SCIENCE (IMS)?

7. That further the G.O. no 0214/70-4/2000-7(7)/94 dated 04-02-2000 in its Point No. 3 categorically states that for self finance Courses before being started it is MANDATORY to get the clearance of the State Government. But for various courses run by INSTITUTE OF MANAGEMENT SCIENCE (IMS) like MBA (e-Business), MBA (Corporate Management), MBA (Finance & Control), MBA (HR & IR), MBA (International Business), MBA (Marketing), MBA (Management Sciences), MBA (Retail Management), MBA (Tourism), MBA (Agribusiness). MBA (Rural Development and Management) etc. the mandatory approval has not been obtained by the State Government. Hence imparting teaching and awarding the degree to these students can be challenged in the Court of Law as being illegal., thereby rendering the career of hundreds of student at stake.

8. That it is claimed that Hon’ble Chancellor has given its consent for the establishment of INSTITUTE OF MANAGEMENT SCIENCE (IMS). It is also not so. The Chancellor has only given consent to the constitution of “BOARD OF GOVERNORS” under Statute 9.01 vide his letter no E-2191/GS dated 13-04-2006 but INSTITUTE OF MANAGEMENT SCIENCE (IMS) has not been till date established under Statute 7.01 and neither the University nor the Executive Council has ever approached the Honorable Chancellor, who happens to be the only competent authority, for establishment of the institute under statute 7.01 under section 27 (1) if the first statutes and order for the modification of the statutes accordingly. INSTITUTE OF MANAGEMENT SCIENCE (IMS) is therefore like the some other institute e.g. Institute of Development Studies (IDS), J. K. Institute of Social Sciences, Institute of Rural Development (IRD), etc.

9. That in fact in University there cannot be any separate institute with special provisions. In this context the following resolutions of two different and competent bodies of the University are worth noting, as follows: Minutes of the Meeting of Academic Council, held on Tuesday, May 25, 1999 Resolution No. 12
The Council considered the recommendations of the .Board of Governors of the Institute of Tourism Studies held on 13-3-1999 regarding certain change in the PGDTM Ordinances.

The Council was of the view that the Institutes established in University may be attracted to their respective faculty. It was further resolved to authorise the Vice-Chancellor to constitute a Committee to go through the Governing Rules of Institute of Tourism Studies and other Institutes and to submit its report for consideration by the Academic Council.

The Council restrained fresh admission to PGDTM and BTA Courses for the session 1999-2000 till revision of Governing Rules as per; report of the aforesaid Committee. Minutes of the adjourned meeting of the Executive Council, held on Tuesday, October 27,. 1998, Item No. 20

The Council considered the. recommendation! of Academic council, regarding the Institute of Public Administration, in all the bearings. “It was” resolved that as per Statute 7.03 Public Administration being a Department of the Faculty of’ Arts the proposal of the :Academic Council is not permissible under the rules and therefore, be rejected.
10. That Moreover in 1998-99 when Engineering Faculty was a part of LU they admitted 30 students in their MBA Programme. The Registrar at that time prepared a detailed note that Engineering Faculty be immediately stopped to admit students in their MBA Programme since there is Dept. of Business Administration under Faculty of Commerce and awarding MBA Degree then no other Dept., Faculty or institute can award MBA Degree.

11. That the AICTE gave its recognition to various courses like MTM, MIBM, MFC, MCM, MMEM etc NOT FOR MBA(IB), or MBA(Tourism) or MBA(Retail) etc. Further the various courses vide above referred explanation of U.P. Government the posts were sanctioned for AICTE Recognised Courses like MTM, MIBM, MFC etc. But the Website of the University is making a false claim that INSTITUTE OF MANAGEMENT SCIENCE (IMS) Courses like MBA(Tourism). MBA(International Business), MBA(Marketing,MBA(Finance), MBA(Retail) etc are duly recognised by AICTE. IS THIS NOT A FRAUD COMMITTED BY INSTITUTE OF MANAGEMENT SCIENCE (IMS) TO STUDENTS.

12. However the G.O. no 0214/70-4/2000-7(7)/94 dated 04-02-2000 clearly specifies in point no. 12 that the Self Finances courses be run in the departments (respective) and HOD will be given honorarium for the same. Further in the same G.O. it is stated that if it is not feasible to run these courses then they may be closed down and the staff both teaching and non teaching shall be deemed to be terminated automatically vide point no. 4. This 2000 G.O. supersedes all previous G.O. issued in respect of Self Financing Courses.
13. That Teaching Departments and Institutes are created under various faculties in section 27(01) of the First Statutes of the University of Lucknow. No Department or Institute can impart teaching leading to award of degree without being under a Faculty and having a Dean who shall be the head of all academic activities. Further there ought to be a Board of Studies and a Faculty Board as per provisions of the UP State Universities Act and First Statutes of the University of Lucknow for every subject,. but in INSTITUTE OF MANAGEMENT SCIENCE (IMS) it is not so.

14. That as per the provisions of the UP State Universities Act and First Statutes of the University of Lucknow, any board of studies can be allotted more than one subject, but there is no provision for allotting a subject already allotted to one board of studies, simultaneously to another board of studies. For the subject Business Administration there is a board of studies in Business Administration, in the Department of Business Administration, Under the Faculty of Commerce, therefore there cannot exist another board of studies in the subject Business Administration.

15. That even the Lucknow University did not bother to take the prior MANDATORY permission of the State Government as stipulated in the above referred G.O. no 0214/70 4/2000-7(7)/94 dated 04-02-2000.

16. That if Lucknow University is taking a stand that it can award any Degree being autonomous then what is the requirement for making recruitments for teaching posts as per AICTE norms and spending thousands of rupees for the inspection of AICTE team and sending the proposal along with the processing fee of several thousand of rupees to AICTE.. They must be transparent enough to declare publicly that the courses run by Institute of Management Science (IMS) need not require the approval of AICTE and then let the students and their guardians decide whether they should join these courses or not. In fact no authority of so called IMS or even of Lucknow University is ready to answer this query. Naturally this non-clarification creates a genuine doubt in our mind that Lucknow University is not coming out with the truth and is in fact neither following UGC norms nor AICTE norms for reasons best known to them.

17 That It is rather funny on the part of the Vice Chancellor Lucknow University, Prof. A.S. Brar to give a statement to the Reporter of a reputed Newspaper Hindustan Times, Lucknow edition, as per the report published in it under the heading LU management courses sans AICTE approval on March 9, 2009 as Technically speaking Universities do not require AICTEs approval. University is an autonomous body and is free to award degrees for its courses No doubt it may be true for non professional courses. But for all professional courses there is a Central Body like Medical Council of India for MBBS, MD etc., Dental Council of India for BDS, MDS etc, Bar Council of India for Ll.B. Education Council of India for B.Ed., M.Ed. etc and AICTE etc. for B.E., B.Tech.,MBA etc. If the university is free to award any degree then why do they take approval of these statutory supervisory bodies and follow their norms. Even the U.P. Technical University, Lucknow strictly follow that all its affiliated institutions that are imparting profession courses of which UPTU is awarding degrees must have the approval of AICTE for their courses.

18. That it is also beyond any ones comprehension that if there exist a separate department in the Faculty of Commerce by the name Department of Business Administration duly constituted as per the provisions of the Act and Statutes and is already running a Business Administration course and the students after successfully pursuing this course are awarded MBA degree by Lucknow University then where is the necessity of establishing another Institute for the same subject. Rather it would have been more logical and legal for starting various specialisations in MBA in the Department of Business Administration that already exists in Lucknow University and could have been upgraded to a Faculty of Business Administration like what Delhi University did.
19. By starting MBA Degree courses in two different departments/institute in the same University is like teaching a subject like Computer Science in two separate departments like one in the Department of Computer Science and another same or almost same course in the Department of Business Administration and Department of Physics, and all the Departments be given permission for awarding the Degree of MCA or Department of English teaching and awarding Degree in M.A. (English) and simultaneously another Institute is established in the name and style of Institute of Modern European Languages and start awarding the degree of M.A. (English).

20. The Bachelor of Business Administration (BBA) and MBA (Part time) courses were started in the Department of Business Administration under the ordinances approved by the Board of studies in Business Administration and the Faculty Board of Commerce, but later on these courses were transferred to IMS without any resolution being passed to this effect by the relevant Boards.

PRAYER

Wherefore, in the light of above mentioned facts and arguments His Excellency The Honble Governor of U.P. and Chancellor of Lucknow University be graciously pleased to order the Lucknow University to immediately:

1. Stop the Institute of Management Science (IMS), Lucknow University from imparting teaching in any branch of Business Administration in any name and style leading to the award of Degree or Diploma in Business Administration.

2. Order the University of Lucknow not to grant any fresh admissions in any of the courses being run in the Institute of Management Science (IMS) till it is formally created under the provisions of statute 7.01 under section 27 (1) of the Lucknow University First Statutes and its courses are formally recognised by AICTE.

3. Direct the Lucknow University to publish and declare that only those students will be eligible for being awarded a Degree or Diploma in Business Administration, who pursue a course in the Department of Business Administration, under ordinances approved by the Board of Studies in Business Administration and subsequent bodies thereafter.

4. To clarify in all its published material as well as on website that the courses run by IMS are not required to take Mandatory approval of AICTE.

5. To publicly clarify that IMS is not established as an Institute under the Act and only its Board of Governors are approved by Honble Chancellor.

6. To direct the authorities of Lucknow University not to establish any Institute without prior approval under statute 7.01 under section 27 (1) of the first statutes.

7. Any other order to Lucknow University that your honour may deem proper on the basis of facts.

Most Respectfully,

Yours,

Dated: 13.03.2009

(Dr. J.N. SHARMA)

Social Activist

C-41, Sector J,

Aliganj
LUCKNOW