JK Public Universities Bill-2022
Dr. Vikas Sharma
The proposed Jammu and Kashmir Public Universities Bill-2022 will be a blow to University governing bodies and a great interference into the academic / research domains of the erstwhile State varsities as the bill will affect the overall growth, progress / functioning of apex academic Institutions of J&K
The clubbing of all the JK Universities under a single bill is not feasible: No single bill can cater to and govern the different institutional profiles and nature of these Universities as University of Jammu and University of Kashmir are purely regulated by UGC, SKAUST-Jammu and SKAUST-Kashmir are purely Agricultural Universities governed both by ICAR and VCI, whereas, SMVDU and IUST are largely technical Universities and therefore regulated by AICTE. Moreover, the University of Jammu and the University of Kashmir deal with diversity of subjects ranging from Science, IT, Law, Life Sciences, Humanities, Arts etc., besides with over 70 colleges each affiliated with them.
Contrary to New Education Policy: The anti-varsity bill is against the New Education Policy that envisages the freedom to the educational institutions for the free growth of knowledge, research and scientific work with new innovations, initiatives and ventures. The bill shall throw the universities under the domination and intercession of the bureaucracy and pseudo-academics which shall be detrimental for the methodology of research and research oriented programmes in the universities because of subversive tactics.
Removal of Pro-Chancellor i.e., Chief Minister: In provision 13 of the bill, the position of Pro-Chancellor has been removed, but in the existing Act (s), the Chief-Minister is the Pro-Chancellor and the Governor remains the Chancellor and this maintains the balance between the legislative and the executive in the working of the Universities. Moreover, in the present bill, the position of Chancellor has been given to Lieutenant Governor which indicates that the bill does not envisages the change of Status of J&K from that of UT to State in future. The original constitution of the various bodies like University Council and Syndicate must be restored so that the bureaucratic interference and overreach into the functioning of the universities is reduced to the minimum.
Nomination of Registrar by the Govt. The provision 24 of the bill says that the Registrar of the University will be nominated by the Government who will be a civil servant, whereas presently the qualifications of the Registrar are more or less as that of a Professor. Hence, this will erode the administrative autonomy of the Universities and reduce them to government offices completely under the administrative control of bureaucracy. The Registrar must be appointed through open selection and not by deputation.
University teachers are brought within the definition of “Public Servants”: In the proposed bill provision 49, the teachers of the University are brought within the definition of “Public Servants” under the section 21 of Indian Penal Code-1860. This is contrary to UGC guidelines and many Supreme Court Judgments wherein it has been clearly stated that the teachers of universities are not public servants. This is also against the policy of a democratic government and society, where the academicians and other class of intellectuals are encouraged to provide lead to the society by their participation in the political system and the example is not far to seek as Jammu University’s active teacher not only contested elections, but also remained Deputy Chief Minister and Speaker of our erstwhile State.
Control of the Government over appointments: More startling changes that the bill proposes via provision 52, is that of complete control of the government administration in appointments of employees, officers and teachers of the universities of the UT by handing the same to JK Public Services Commission and Service Selection Board, which is against the autonomy of institutions of highest learning and undermines the administrative / academic authority of Vice Chancellor. The bill proposes the appointments of Assistant Professors and Associate Professors through screening tests conducted by JKPSC, which violates the existing rules and regulations of Universities Grants Commission, ICAR, the apex bodies for the regulation of all traditional and agricultural universities over the country. The selection and appointment of the teaching and non-teaching staff has to be made by Universities only.
Inter-University Transfer: The provision 71 of the bill proposes to make all employees and teachers of the universities transferable from one university to another. Universities are research institutions and it takes years for a teacher to set up a laboratory, library or fetch projects and if such a rule is ever made, it will be used to harass anyone who refuses to obey the dictates of the government and bureaucracy.
Lastly and most importantly all the state universities of UT of J&K still remain state universities even though the state has ceased to exist since October 2019. Further, in spite of getting excellent rankings by ICAR, SAUs, NAAC and NIRF, an attempt to strangulate the universities of J&K is being made through this bill. When all the existing Universities of Jammu and Kashmir have been established through Acts duly discussed and passed by the erstwhile State Assembly, why is there a need for this new Bill? If cleared, this bill will erase the individual identities of the existing Universities of J& K.
It is, therefore, requested to UT Government of J&K to kindly look into this draconian bill which the State Administrative Council has passed without consulting the stakeholders and to stop the J&K Public University Bill-2022 from being passed in the Parliament so as to save the academic and administrative autonomy of the Universities of J&K and safeguard the future of this region.
(The author is President Teaching Association SKUAST-Jammu)
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