IAS candidates will retain control of their credentials under the government’s new advertising rules

New Delhi: Visit Mukherjee Nagar or Karol Bagh in Delhi and a sea of ​​eye-catching posters, banners and hoardings displaying photographs of successful IAS aspirants with their names and ranks in the Union Public Service Commission (UPSC) examination greets you.

These posters, put up by IAS coaching institutes, promote their track record of success and attract new students to enroll in them. Often, more than one coaching institute claims successful candidates, and their photographs appear in advertisements of different coaching centres.

This practice is about to change as the process of finalising guidelines for IAS coaching centres to prevent misleading advertising nears completion, two people directly involved with the matter told Mint on condition of anonymity.

Order soon

The Central Consumer Protection Authority (CCPA) will soon direct these institutes to stop the practice of requiring aspirants to sign agreements at the time of registration, allowing use of their credentials (such as photos, rank, video clips or messages) to claim success in the prestigious UPSC exam, said the people cited above.

Under the new guidelines, applicants will only be allowed to sign such contracts or agreements after successfully passing the exam, and only if they choose to do so, the first person said.

“These contracts will be valid for six months or a year and will offer options regarding the use of the candidate’s credentials, including photos, name, rank, video messages or how to address applicants in classes,” the person said.

Draft guidelines

The CCPA, which is part of the Ministry of Consumer Affairs, published draft guidelines for the “Prevention of Misleading Advertising in the Coaching Sector” in February.

The proposed guidelines, aimed at both online and offline centres, are likely to impact the IAS coaching business, which represents ₹3,000 crore in total annual turnover of the coaching industry ₹58,088 crores. Delhi is considered a coaching hub for UPSC civil services exams.

“We will abide by whatever rules the government introduces,” Vaishnavi Shankar, director general of Shankar IAS, a training institute, said by phone.

Mint was the first to report on November 28, 2023 that IAS coaching institutes would no longer be able to use photographs of selected candidates to attract potential applicants.

The government’s guidelines will help potential applicants understand that advertisements featuring successful candidates are based on paid arrangements. It will enable them to make more informed decisions about the authenticity of training institutions’ claims, knowing that those who are promoted are likely to have received compensation for the use of their credentials.

Better decision making

This transparency will lead to better decision making and reduce the chances of applicants being misled by promotional tactics.

“The changes that the government is planning to introduce are positive. When UPSC aspirants join a coaching institute, they are usually fresh graduates, usually in their 20s. At this stage, they often have little understanding of the hidden terms and conditions laid down by these coaching institutes,” said Dr RP Beniwal, professor of psychiatry at the Atal Bihari Vajpayee Institute of Medical Sciences and Dr Ram Manohar Lohia Hospital in New Delhi.

“However, when they pass the exam and are asked by the same institute to use their credentials for advertising purposes, their understanding will have evolved significantly. By then, they are more aware and able to decide whether they want their credentials to be used and to what extent,” the doctor added.

Free or paid

According to the final guidelines being worked on, selected candidates will have the option to enter into such agreements with coaching institutes, either on a fee basis or free of charge.

“Candidates will have the option to enter into such agreements for a fee or for free, depending on their preference. The guidelines are expected to be approved in the next week or two,” the second person said.

“When it comes to joining coaching institutes, we don’t have much of a choice. Institutes even tell us that if we don’t sign papers, they won’t accept us. So we sign them just to ensure admission. The changes in the rules will definitely help UPSC aspirants by giving them more control over their credentials and preventing exploitation,” said Payal Kumari (name changed on request), who is enrolled in a premier coaching institute in Karol Bagh, Delhi.

Section 2(28) of the Consumer Protection Act 2019 (CPA 2019) defines misleading advertising as advertising that falsely describes a product or service or gives a false guarantee in order to deceive consumers by concealing important information.

Questions sent to the Ministry of Consumer Affairs remained unanswered by the time this edition went to press.

Mandatory consent

“This is a crucial step towards protecting consumers, in this case, UPSC aspirants. It ensures that IAS coaching institutes will no longer be able to use their credentials without explicit consent, which was not the case earlier,” said Manish K. Shubhay, partner at The Precept-Law Offices, a law firm based in New Delhi.

“Previously, when students signed consent forms, they were often legally bound to do so, which prevented them from preventing institutes from using their data. This measure could help protect the rights of applicants and give them more control over the use of their personal achievements,” Shubhay said.

Recently, the CCPA issued notices to 45 coaching institutes for violating consumer rights with misleading advertisements and unethical tactics. Of these, 15 institutes were penalized, with total fines amounting to ₹38.60 lakhs.

The UPSC Civil Services Examination, which is conducted every year in three phases, recruits officers for all Indian services such as the IAS and Indian Police Service and for central civil services such as the Indian Revenue Service. The first phase is the Preliminary Test (PT), which is a screening test and the marks obtained in the PT are not counted in the next two phases – the Mains Test and the Personality Test. The marks obtained in both the Mains exams and the Personality Test are counted for the final selection.