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Govt grants chancellor authority to take suo motu action against VCs

Sep 05, 2023 12:28 AM IST

The state government of Mumbai has published guidelines allowing the chancellor to take action against vice-chancellors of state universities. Critics argue that the move degrades the position. The guidelines state that the chancellor can take action if there is a prima facie case for removal. The preliminary inquiry will be conducted by the deputy secretary to the government, and a detailed inquiry will be conducted by a committee appointed under a retired district judge. Critics argue that the guidelines are unclear and could lead to misuse of power. They also argue that the management council should conduct the preliminary inquiry and that both inquiries should be chaired by a retired high court judge.

Mumbai: In a first, the state government has laid down guidelines for the removal of vice-chancellors (VC) of state universities. On August 30, it published a gazette, giving the chancellor the authority to take suo motu action against a VC. Educationists have raised concerns over this gazette, saying that such a move degrades the dignity of the VC’s post.

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The department of higher education published the gazette titled ‘Uniform statutes relating to terms and conditions of service of the vice-chancellor of the University.’ As per the new statutes, the chancellor can suo motu or ‘on receipt of any reference from the state government’ or ‘any complaint from any person’ institute an inquiry against a VC if he feels that there is a prima facie case to start proceedings for his removal.

The preliminary inquiry will be under the chairmanship of the deputy secretary to the government. If the chancellor feels that the VC needs to face a detailed inquiry, it will be before a committee appointed under a retired district judge. After getting a report from the latter, the chancellor can pass an order for the removal of VC.

Commenting on the gazette based on the Maharashtra Public University Act, 2016, former Mumbai University V C Bhalchandra Mungekar said, “With this statute, the government is planning to control the position of VCs and trying to degrade the post.” Mungekar strongly condemned the provision of an inquiry under an officer at the level of deputy secretary. “The post of VC is at the level of a secretary,” he said. “How can the government order an inquiry headed by a person junior to him or her? If it has to set up an inquiry committee, it should be headed by an officer of the rank of at least joint secretary.”

Mungekar added that there were provisions in the act to remove a VC in cases like mental disability or bad conduct. “But the definition of suo motu in the statute is unclear,” he said. “If the government does not clarify what exactly this means, there could be chances of misuse of power.” The ex-VC added that suo motu action could be taken only if the VC failed to perform duties in the larger public interest like delay in results, non-payment of salaries and so on.

While pointing out lacunae in the statute, Arun Sawant, former pro VC at Mumbai University, said, “The words ‘a complaint received by any person are very wrong. There should be a category for the complaints.”

Pointing out the structure of inquiry committees, Sawant added, “The first level of inquiry should be done by a higher body of the university, which is the management council (MC). Since the MC comprises representatives of the government as well as the chancellor, it can decide the seriousness of the complaint and forward it to the chancellor.” Sawant also demanded a change in the statute, saying that both inquiries, preliminary and detailed, should be done under the chairmanship of a retired high court judge or an equivalent authority.

 
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