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Regulation on Post-Graduate Degree Programs: A Critical Legal Analysis

Khawaja Jamshid Seddiqi

Volume 3 Issue 1 | Dec 2021

DOI: http://dx.doi.org/ 10.31841/KJL.2021.14

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Abstract

One of the indicators of countries' development is experienced and specialized human capital. It is settled that Afghanistan requires a qualified and professional cadre able to manage both government and private sector since it is neither possible nor reasonable to rely on foreign brains for a longer period of time. Based on this fact, the Law on Civil Higher Education, 2015 permits offering post-graduate degree programs in public and private institutions of higher education, however, it provides that the manner of establishing such programs and their operation shall be governed by a Regulation. Hence, the Regulation on Post-Graduate Degree Programs was adopted in 2018. This
study, adopting a critical analytical method, evaluates the Regulation's substance and structure, highlighting hurdles that are posed for the private institutions of higher education. This paper finds out that the Regulation provides stronger control of the public universities in decision-making and discourages positive competition between the public and private institutions of higher education. In addition, some provisions in the Regulation are impractical for private higher education institutions. For instance, it mentions designations (such as Pohanwal), while the Ministry of Higher Education
has not ranked faculty members serving in private institutions so far. Therefore, the research concludes that it is essential to modify the Regulation to resolve substantive and structural problems and provide an equitable share in decision-making. to private institutions.

Keywords: Afghanistan, Higher Education Institutions, Post-Graduate Programs.