
Legal Information by Sewadar Sunny Sachdeva
February 22, 2025 at 05:00 PM
Already discussed, sharing the link below
Actually UGC has drafted a new guidelines fif appointment of vice chancellor in universities which are opposed by southern states ok the ground that it is against federal structure.
*What are the changes and what are the opposition???*
1. Selection of Vice chancellor: Now guidelines says person from industry and public administration background is also eligible.
2. Academic flexibility: Now candidates can teach subject based on highest specialisation. It means one has physics in graduation but chemistry in PHD, he can teach chemistry.
3. Promotion criteria: Noe focussed upon teaching, research and overall academic contributions.
4. Appointment of VC is to be done by Chancellor amongst the 3-5 name suggested by selection committee.
Issues:
1. UGC Rules is not aligned with the act of 1956: Act only says UGC will maintain the standards of education or promotion and coordination of university education. Prescribing the broader spectrum for selection is not the mandate of UGC as per the act.
2. The second question is weather the regulation can override the law made by state legislature. It is clear that if state makes law on concurrent subject, it can be overridden by parliamentary law, but can it be the case of rule because rule is subordinate to the law.
3. Kerala government has passed a resolution against the regulation on the basis that universities in the various states function according to the laws passed by the respective state legislatures as they have the power to establish and supervise the universities. The central government only has the power to coordinate and fix standards for higher education and research institutions.
4. Tamil Nadu is of the view: It is the state that drafts policies, funds infrastructure, and pays salaries. Why should the position of Chancellor be held by someone appointed by the Union Government?
5. Confusing SC Ruling: SC in Gambhirdhan Gadhavi case has said if the UGC regulations are laid before both the houses of parliament, it will become the part of UGC act. However, in PJ Dharmraj case, SC said if the state government has not adopted the regulations, it will not be applicable on institutes.
