logo

Not overregulation but facilitation of quality education is needed

Md. Abdul Hamid | Saturday, 30 August 2008


Introducing any regulation is certainly a tough job. When the parliament is there, the government puts forward a bill to the house for approval of the members. All of the members get then the opportunity to give their opinions in favour of, or against, the motion. If a majority of the members agrees to the offer, it is passed as an Act. Otherwise, it goes back for further consideration to the expert committees. We know when the parliament is not functional or active for introducing law, the president promulgates ordinances for the purpose. We are passing our time under a state of emergency for about two last years. Moreover, this government has otherwise been courageous enough to take some forward steps that were not taken by the preceding political governments. For many pragmatic reasons, the earlier governments could not discharge their obligatory functions properly for many years. This government has been trying to accomplish those; it is commendable. As a result, already about 80 ordinances have been promulgated during its relatively short tenure.

We have learnt from diverse sources that the 'Private University Ordinance-2008' is going to be approved very soon. Unquestionably, it is a welcome move. About 16 years have passed since the start of operations by the private universities. Until now, there are no complete and level-headed rules and regulations concerning such institutions. Relevant authorities like the University Grants Commission (UGC), the Ministry of Education etc. are carrying out their activities on an ad hoc basis. Recently, in a talkshow, representatives of both organisations were present and they indirectly recognised that there were no well thought-out rules regarding private universities and English medium schools. When any issue relating to such institutions comes before them, they call a meeting. The concerned bosses come to a decision about what should be done or not. So, mostly such decisions are taken on basis of their individual judgements. But we should not ignore the community working in this area. All those involved in these areas have a lot of experiences regarding this sector. They have both positive and negative experiences that can of immense help for formulating proper rules in this field of education.

We understand that the motive behind the introduction of new laws for private universities and English-medium schools is not to overrregulate or overcontrol them. Rather, the move, as we appreciate, is meant for creating a healthy environment for their proper functioning. If the students get benefit and the system runs properly, it will be the best outcome of efforts for putting in place any law. We hope that such type of an ordinance will now come that will facilitate the involvement of all parties to follow the same in the best interests of all.

Recently, some ordinances that have been promulgated during the tenure of this caretaker government have been criticised by the stakeholders. Regrettably, the government has not been taking reasonable time for groundwork. Thus, after the approval of many draft ordinances, loud voices of protest over such proposals are heard. To cite here an example, the CTG has approved an ordinance to regulate real estate and housing sector. The concerned parties are now saying that this sector will crack if that is implemented. Why are they raising such an issue now? Was the 'draft' of this ordinance not published earlier for the attention of all concerned? Had they provided constructive opinions to structure a meaningful ordinance? Have their logical arguments been considered with care? If the government can give satisfactory answers to these questions, the concerned parties should have no scope, at this stage, to raise objections to it. The cases about People's Representation Ordinance, Right to Information Ordinance etc., can also be noted here. In some such cases, the stakeholders are vehemently opposing the relevant ordinances, proposed or promulgated. In some cases, it is said that the government has ignored the realities and has included many regulations which are not practically feasible for implementation.

Against this backdrop, we are scared about the upcoming Private University Ordinance-2008 also. Because one of the UGC members has mentioned that the 'draft' of the ordinance has already been finalised. They have no plan to divulge it, for the people to express their views on it. Most probably, the concerned authorities think that the tenure of this caretaker government is very limited. So, before its exit, it would like to promulgate this ordinance. But all of us should remember that if we can not implement the law, it is meaningless to approve it. The authorities should consider a lot of questions relating to this proposed ordinance. Many people have invested millions of takas, a large number of people are employed in this sector, and thousands of students are enrolled in many institutions. Moreover, a system has already been already developed. Our steps should now be meant for nursing this field of education, not to strangulate it. Of course, there are some businessmen who have taken it as a profitable investment area. We should have realistic regulations to help undo such practices and give them time to be amend themselves. If they prove themselves to be incapable of achieving the desired targets, then such institutions should be taken over or handed over to others, so that the system does not collapse.

Our specific proposal to the UGC as well as to the government is that the opinion of the educators should be taken, first of all, before drafting the ordinance. The first draft of it should be published on-line and a copy should be sent to each organisation. A reasonable time should be given to all concerned to study and review the draft and to give constructive feedback on the proposed regulations. After collecting opinions from all such stakeholders, a powerful review committee should be formed to analyse the proposals, before giving a concrete shape to the proposed ordinance. All the related economic and legal factors do need to be carefully considered so that no complication arises thereafter for operationalising the ordinance. The ordinance should be promulgated in a manner so that its provisions can properly and effectively be implemented. The government has a great deal of responsibility to ensure a healthy growth of the education sector.

(The writer is an assistant professor of Business Administration at Shah Jalal University)