POWER OF THE UNIVERSITY
 

[Present powers . Constraints . Additional Powers]

8.0 PRESENT POWERS

The Universities in India, whether State or Central, enjoy almost similar power structure, Their powers are defined by and derived from the Acts of their incorporation. The delineation of powers, objects and functions have changed little over time. In fact, the Madras University Act of 1923 with some of its subsequent amendments and the Pondicherry Central University Act of 1985 read almost alike, as far as the Objectives / Powers of the University are concerned.

Of late, on account of the emergence of some specialised Universities, the scope and purpose of such Universities have been more narrowed down to the specific focus for which they were established. For instance, the language Universities [e.g. Tamil University, Telugu University, the Women's Universities [e.g.Mother Theresa. omen's University,SNDT Women's University Technology Professional Universities / Institutes (covering Engineering Medicine, Agriculture, Management etc.] and Rural Universities (e.g. Gandhigram] have more specialised focus and powers when compared with other general Universities. The deemed to be Universities also generally have a somewhat narrower focus.

The affiliating Universities have the twin responsibilities of

[a] establishing and administering their own campuses of teaching and research[University Departments]; and

[b] Managing and supervising their affiliated colleges institutes. The unitary / residential Universities, on the other hand, confine themselves to their own campuses of teaching and research, without having to bother about the colleges located outside the University campus. In larger affiliating Universties, the geographical jurisdiction extends far and wide, sometimes covering more than 60 to 70 per cent of State area (Madras, Calcutta, Bombay, Osmania etc.]. Hence, the powers of these affiliating general Universities happen to be wider both geographically and functionally.

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8.0.1 EXTENSION ROLE - AN UNDER-EXERCISED POWER

Notwithstanding the above distinctions in scope and coverage of University powers, the major focus and orientation turn out to be the same: teaching and research. The powers of teaching include the framing of syllabi, conduct and evaluation of examinations and declaration of results and the award of degrees. All the activities incidental to teaching [Libraries, laboratories, classes, faculties, hostels etc.] are also brought under the purview of teaching. The powers of research bestowed on the University system include the establishment and maintenance of research laboratories, provision of research fellowships and faculties for carrying out research leading to research degrees.

Besides teaching and research, extension activity programmes [including extension education], have also been provided for in many University Acts. For instance, the Madras university Act provides for the establishment of University Extension Board. Such provisions have been made in the Acts of Universities of Bombay. J.N.U., Delhi and many others. But in actual practice, excepting for the correspondence/ extenstion education, most of other extenstion programmes visualised in the University Acts are still in a developing stage except in the field of Agriculture and Medicine. The institutional machinery for such specific extension activities have either not been adequately established or have not been effectively functioning in most of the Universities.

The philosophy behind the extension - role of the University system has been well-spelt out in some of the University Acts. The Bombay University Act, for instance, lists the following among its powers:

" make the University the Centre of Social and Economic Transformation through education as envisaged in the Preamble, Directive Principles and other provisions in the Consitutution of India to make special provision for the educational benefits of the socially and educationally backward rural areas, women etc any other activities directed towards cultural, economic and social betterment."

Perhaps, the Bombay University Act as mentioned above is most outspoken about extension - dimension of University powers. Many Universities also, including the specialised Universities, have been statutorily given extension as part of their purview. In actual practice, however, the extension function leaves much to be desired in most of the Universities [other than Agricultural]. Teaching and research happen to be the primary preoccupation of the University system which overshadow the extension aspect and relegates it to the background.

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8.0.2 LINKAGES : ABSENCE OF CLEAR PROVISIONS

The linkages between the University system and other instiutions of higher learning and research, including National Laboratories, other Universities and advanced Centres etc., have been recognised if not spelt out explicitly in most of the University Acts. To illustrate a few:

" Co-operate or collaborate with any other University authority or organisation in such manner and for such purposes as the executive council may determine (Bombay University Act);

"to cooperate with any other University authority or association or any other public or private body having in view the promotion of purposes and objects similar to those of the University............. to make provision for research and advisory services; and for that purpose enter into such arrangements with other institutions or bodies as the University may deem necessary" (JNU Act)

"to encourage co-operation among the colleges, laboratories and institutes in the University and co- operate with other Universities and other authorities in such manner and for such purposes as the University may determine" (University of Madras Act).

Similar provisions for co-operation with other instituttions of teaching and research are found in almost all the University Acts. But what is missing is an explicit reference to collaboration with the National Laboratories etc (e.g., C.S.I.R. labs). This omission is only corroborated by the fact that many Universities are yet to make any meaningful beginning in establishing ties with these labs. There has been a general feeling that these lab-facilities are underutilised whereas the University research labs are generally underequipped.

RESTRICTION ON INTERACTION

Sometimes, prior permission from the concerned State Government is insisted upon for initiating a link-up with such institues or laboratories. For example, in the Tamil Nadu Universities Acts, there is a restrictive section which discourages or limits such collaborations. No instittution affiliated to, or associated with, or maintained by, any other University established by or under any law in force shall be recognised by the University for any purpose except with the prior approval of the Government and the concerned University Similar restriction is

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also found is some other affiliating Universities (such as Osmania University). This again may perpetuate the academic seclusion between the University system and the National Laboratories.

UNIVERSITY-INDUSTRY COLLABORATION - UNSPELT.

The linkages between the higher education system and the user-agencices such as the Industrial sector have also not been property included among the powers of the University. The consultancy-based research projects are very sparingly sponsored in the University Departments by the corporate sector Industries. Majority of the current research in the Universities is funded by the Government funding agencies such as U.G.C., DST, CSIR, ICSSR, ICHR etc. The industries, either lack faith in the applicability of University research or tend to shy away from the University system which is not very liberal in its regulations. A glance through most of the University Acts leads one to believe that there is a gross "omission" of any reference about University Industry linkage. Though there is some room for interpretation that nothing bars the University to collaborate with industry, the fact remains that nothing has been specifically mentioned about it in any of the University Acts.

POWER OF AFFILIATION - ONLY DEJURE.

Another area of powers, wherein the affiliating Universities are generally found in problem situations, is the power of affiliating colleges to the University under prescribed conditions and to withdraw affiliation under situation of violation or non-compliance with such prescribed conditions. In some States, promoters of a college, to start with, have to seek the government approval as a pre-condition and then approach the University for the grant of affiliation. Normally, after the government have approved the establishment of a college, it is too "embarassing" for the University to deny affiliation to it. Hence, the University is constrained to satisfy itself with whatever facilities are available and "baptise' the college / institutiton academically within the University's fold. Thus, after granting affiliation, the University has-to just carry on with its affiliated colleges. Inspite of the University having the power to inspect and monitor the infra-structural facilities of the affiliated colleges from time to time, given the socio-political constraints, disaffiliation or de- recognition of a college for noncompliance of the prescribed norms is hardly resorted to even as the last resort. Either the government is pressurised to take over the college or the University is compelled to tolerate such sick bodies in the system. This

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is the reality in the case of many private affiliated colleges. The University's affiliation-control over the government colleges is only formal. The University can never dream of dis-affiliating even a worst-managed and illequipped government college, lest it should incur the displeasure of the government and the very existence of the University may be at stake. Such situations develop when in the first instance, the college was opened under regional political pressure, specially at election times.

Under these condiditions, it is more convincing that the University must have the preliminary and ultimate authority in deciding on affiliation matters. The government approval must follow University affiliation and not the otherway round. In this context, the incongruous situation obtaining in Karnataka is worth noting. The Karnataka State Universities Act (Ch.IX, Sec.53(1) & (5) reads:

" Colleges within the University areas may, on satisfying the conditions specified in this section, be affiliated to the University as affiliated colleges by the University on the recommendation made by the State Government........... the State Government, which after such inquiry as may appear to it to be necessary shall make their recommendations for the grant of application (affiliation) or any part thereof or refuse the application or any part thereof and the University "shall" issue orders accordingly."

8.0.3 OBSTACLES TO STUDENT MIGRATION.

The inter-University recognition norms in the present setup, do not provide an objective or uniform standard of fixing equivalence and hence the mobility of students is generally discouraged, if not debarred. A mere recognition of an University by the UGC under Rule 12(B) or approval / sponsoreship by the State Government does not automatically guarantee entry of a student into another University. Each University has its own power to recognise for any purpose, either in whole or in part, any institution or members or students thereof on such terms and conditions as may from time to time, be prescribed and to withdraw such recognition" (JNU Act Sec.5(13)). The process of recognition is rather cumbersome and time consuming, and it is seldom based on any commonly accepted objective criteria. This state of affairs calls for establishment of an autonomous Accreditation and Assessment Council (as envisaged in the NPE, 1986) which will evolve scientific criteria. and methodology for assessing the equivalence between the Universities. Such a mechanism may faciliate free mobility of students in the University System.

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8.0.4 DERIVATIVE NATURE OF POWERS.

The Powers of the University, as mentioned earlier, are derived from the Acts of the State Centre. Hence the autonomy of the University system tends to be sometimes constrained by the antics of some people connected with State Government Central Government. The powers enshrined in the Act apparently look unqualified and adequate. But the University System has to look upto the State for the implementation of the so-called powers. In many Universities, there have been several unceremonious and summary removals (even of Vice-Chancellors) and Statutes / Ordinances have been annulled or retracted, if the government in question so desired.The supremacy of the State, in a democracy, cannot be and should not be questioned; the University is only a sub-system of the society which has the elected government as the leaderagent. But the rules of the game need to be observed for the mutual benefit of the government and of the University. While accepting the necessity of statutory provision, to set-right any mismanagement in the University house, the University should also be provided with adequate and viable autonomy for managing its own house in the most efficient manner without being at the mercy of an overaweing government. While the Act provides the legal outline or framework the Statutes define the working rules for the operation of the University system. Logically, the University must have freedom in framing its Statues /Ordinances Regutations, of course, in so far as they are not at variance with the provisions of the Act or where it does not impose additional financial burden of a recurring nature which will have to be funded by the Government. But what is the reality in the present situation ? In most Universities, the Chancellor / Government happens to be an apex authority over statute- making power of the University. To quote Ch.VI, Sec,34(6) of Bharathiar and Bharathidasan University Acts:

" A statute passed by the Syndicate shall be submitted to the Chancellor who may assent thereto or withhold his assent. A statute passed by the Syndicate shall have no validity until it has been assented to by the Chancellor"; Similarly as per Madras University Act.

" A statute passed by the Senate shall have no validity until it has been assented to by the Chancellor." The Karnataka State Universities Act states

" The State Government may, by order published in the official gazette, annul any proceedings of the University which in its opinion is not in conformity with this Act, the Statutes or the Ordinances"(Ch.II, Sec. 8(8)).

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These are only a few of the illustrations to indicate that the University does not enjoy independent powers but only powers 'derived' from the State.

8.0.5 SECULAR CHARACTER:

The University system must be secular and hence open to all sections of the society without any discrimination. The Delhi University Act (as in many other University Acts) states: " The University shall be open to all persons of either sex and of whatever race, caste or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted thereto, as a teacher or student or to hold any office therein, or to graduate thereat, or to enjoy or exercise any privilege thereof, except in respect of any particular benefaction accepted by the University, where such test is made a conditition thereof by any testamentary or other instrument creating such benefaction." Such a provisiion is not to be found in some of the University Acts (such as University of Madras, Bharathidasan and Bharathiar University Acts) which need to incorporated.

8.0.6 RESIDUAL POWERS - LEAST USED.