Bihar: Raj Bhawan, education dept continue to trade fire

The ongoing battle between the Raj Bhawan in Bihar and the state’s education department over the control of state universities shows no signs of a let-up despite chief minister Nitish Kumar’s meeting with Governor Rajendra Vishwanath Arlekar earlier this week.

The fresh salvo came on Friday, when education department secretary Baidyanath Yadav directly wrote to all vice chancellors, laying down a set of dos and don’ts to ensure quality education, including their attendance in office everyday and prior information to the department in case of leave or need to leave headquarters, officials familiar with the matter said.

The department has also apprised the vice chancellors of the centralised command and control centre developed at its level with toll free numbers from where students’ grievances would be forwarded to the universities concerned and the nodal officer of each university with mobile number should be made available to the department for the same.

The department’s directions were issued in the wake of Raj Bhawan directing the VCs on August 30 that the “Chancellor’s authority is supreme in the matter of running the academic and administrative affairs of the universities and no outside influence should be entertained”.

The Raj Bhawan directive came in less than a week after the department of education had to withdraw its advertisement for the appointment of vice chancellors after CM Kumar called on Governor Arlekar.

The showdown is similar to the one in 2009 when late Devanand Konwar was the Governor and incumbent additional chief secretary (education) K K Pathak was the then secretary (human resource development). Arlekar has also circulated Konwar’s 2009 order to all the VCs.

“It is observed that a public confusion is being sought to be created by certain individual officials, illegally and recalcitrantly, with attempts of undermining the established autonomy of the university administration as well as the clearly laid down and unambiguous power and authority of the office of Chancellor in the matter of running the affairs of the universities,” says the August 30 letter from Robert L Chongthu, principal secretary to the Governor, which is marked to VCs, with a copy to the department of education.

“In order to clarify the matter authoritatively and once for all, the Chancellor in exercise of the powers conferred on him under Section 9 Sub- Sections (7)(ii) and (8) of the Bihar State Universities Act, 1976, considers it necessary to issue direction to the universities and, accordingly, to order that henceforth all VCs and other statutory officials/authorities of the universities are required to carry out faithfully the orders / directions of, and to seek guidelines and clarifications from, the Chancellor’s secretariat alone in the domains of administrative and academic affairs and interests of the Universities,” says the letter, which has been seen by HT.

“It is further clarified that the VCs are in no position to feel obliged to heed in this regard any orders or directives issued without authority and jurisdiction over the statutorily ordained university affairs by any person in derogation to clearly defined autonomy of the universities,” it adds.

The department responded to Chongthu’s letter through Yadav, asking to be enlightened on “unambiguous power and authority of the Chancellor” with relevant sections of the Bihar State Universities’ Act, 1976. It has also sought to know “which officials have tried to undermine the authority of the Chancellor and in what manner”.

“The education departments functions as per the prevailing Acts and rules. The universities also seek guidelines from us, inform us about their problems and we try to extend support. The department encouraged and enforced meaningful interaction with them. The state government supports the universities to the tune of ₹4,000 crore annually and is facing over 3,000 cases in the High Court and the Supreme Court,” read Yadav’s letter.

It further said “if the Chancellor’s secretariat is so keen on enforcing its ‘unambiguous powers’ in running the affairs of the universities, then it is well advised to fight these court cases directly and consider filing intervention petition in each of them”.

Earlier, the department of education had issued its own advertisements for the appointment of VCs, the first time ever in the state, while the last date for submitting applications to the earlier advertisement issued by the Chancellor’s secretariat was drawing close. It created a piquant situation, but later the department withdrew them after the CM called on the Governor.

On August 18, Arlekar had taken strong exception to the state education department’s order stopping the salary of the in-charge vice-chancellor (VC) and pro-VC of Babasaheb Bhimrao Ambedkar Bihar University (Muzaffarpur) and freezing its bank accounts. The Raj Bhavan had also asked the department to withdraw its order, calling it an attack on the university autonomy. It also wrote to the banks not to freeze bank accounts of the university till further communication.

“The act is arbitrary and beyond jurisdiction. It seems to be an attack on autonomy of the university and you have encroached upon the powers of the chancellor,” Chongthu wrote to the education department’s secretary Baidyanath Yadav. “I am directed to convey that the above-mentioned orders may be withdrawn and these types of unwarranted acts may be avoided in future,” the letter read.