States vs center on Vice chancellor selection

News
The Tamil Nadu assembly passed two bills seeking to transfer the governor’s power in appointing the vice chancellors of 13 state universities to the state government.
Highlights of the bills

According to the bill:

  1. Every appointment of vice chancellor shall be made by government out of the panel of three names recommended by search – cum – selection committee.
  2. The bill empowers the state government to have the final word on the removal of VCs if needed.
  3. The removal of VCs shall be done on the basis of inquires made by the retired High court judge or a bureaucrat who has served at least as a chief secretary.
Scenario in other states
  1. Maharashtra passed a bill amending public universities Act 2016. Originally the state government had no say in appointment of VCs. If the act is followed the governor will be given two names to choose from by the state government.
  2. In 2019 the West Bengal government, took away the Governors authority in appointing VCs.
The Issue
  1. The governments of West Bengal, Maharashtra and Tamil Nadu have accused the governors of acting at behest of Centre on various issues including education.
The Role of UGC
  1. The education comes under the concurrent list, but entry 66 of the union list gives substantial authority to centre over the higher education.
  2. UGC sets the standards for higher education including in case of appointment in universities and colleges.
  3. According to the UGC minimum qualifications for appointment of Teachers and other academic staff in universities and colleges and other measures for the maintenance of standards in higher education regulations, 2018 the Visitor/ Chancellor mostly the Governor shall appoint the VC out of panel of names recommended by search cum selection Committees.
  4. The higher education institutes receiving funds from UGC are bound to follow its regulations. This are followed in central universities without a friction but the issue arises in state universities.
Supreme Courts observations
  1. Any appointments of VCs contrary to the provisions of the UGC regulations can be said to be violation of statutory provisions, warranting a writ of quo warranto.
  2. In any case of Any conflict between state legislation and central legislation, central legislation shall prevail by applying the principle enunciated in article 254 of Indian
Prelim Facts
University Grant Commission

Statutory Body formed in 1956 by Act of Parliament

Aim: Provide funds to universities and coordinate and determine the ethics in institutions of higher education.

Composition:

  1. A chairman: chosen from among people who are neither federal or state government officials. Tenure of 5 years or until the age of 65 whichever is earlier
  2. A Vice – Chairman: Tenure of 3 years or until he attains the age of 65 years, whichever is earlier.
  3. 10 other members appointed by the central government: 2 from the Central Government's officers to represent that government; A minimum of four members shall be chosen from among university academics at the time of their election. The remaining members will be picked from among those who meet the following criteria:

have knowledge of or experience with agriculture, commerce, forestry, or industry;

are engineers, attorneys, doctors, or members of any other profession that requires education;

are University Vice-Chancellors or, if not university professors, reputed educationists or have attained great academic distinctions in the Central Government's opinion.

Tenure of Members 3 years.

Power and Functions:

  1. Look in budgetary requirements of universities
  2. Disbursement and assignment of grant
  3. Conferring recognition to Indian Universities
  4. Recommending suggestions for overall development of university education
  5. Advise central and state government on the allocation of the grants to universities
  6. Setting up criteria for exams like UGC NET, CSIR NET

Source: Indian Express
Posted by on 26th Apr 2022