VISITOR, CHANCELLOR, VICE-CHANCELLOR AND OTHER OFFICERS
[Visitor Chancellor . Vice-Chancellor Pro-Vice-Chancellor Re-organistion of officers)
9.0 VISITOR The word 'Visitor" denotes in the context of University 'one who has a right or duty of supervision over a university, college, school or similar institution'. It also defines Visitor as 'one who visits officially for the purpose of inspection or supervision, in order to prevent or remove abuses or irregularities'.
In the set up of Indian universities, the President of India is the ex-officio Visitor of all the Central Universities. As regards the State universities, with the exception of University of Rajasthan no university has Visitor' or the President of India connected with the university, in any way.
The functions of the Visitor include the appointment of the Vice-Chancellors; appointment or nomination of persons on the university, court, academic council, executive council. selection committees for teachers; approval of statutes and the visitation rights to cause an inspection.
The Model Act Committee of the Government of India (1964) recommended that the President of India. in the case of Central Universities and the Governor of the State concerned in the case of State Universities should be the Visitors of the university. The Visitor should not be included in the list of officers of the university but should have an independent position constituting a link between the Government and the university. He should have the powers to direct inspection or enquiry into the affairs of the university. The powers of the Visitor should be used sparingly and not for day-to-day working of the univsrsity. In the case of most of the State universities the powers of enquiring into the affairs of the university are vested in the State Governments. The Committee recommended that it should not be the State Government but the Governor in his capacity as Visitor who should exercise this power.
The Education Commission (1964-66) agreed with the Model Act Committee that the Governors of States should be the Visitors of the universities in the States and should have powers to direct inspection or enquiry into the affairs of a university.
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The Gajendragadgar Committee also recommended that as in the case of Central Universities where the President of India is the Visitor, the State Governor may suitably be described as Visitor of the universities in the respective states instead of being designated as Chancellor as at present. The powers of the Visitor should be essentially supervisory and not such as ought to be exercised by the head of a University. The important powers could be the right to cause an inspection, annul any proceedings of the university which are inconsistent with the Acts, Statutes or Ordinances; nominate persons on the Authorities of the university in the manner suggested and to determine the annual maintenance grant of a university in the form of block grants.
The UGC Committee to enquire into the working of the Central Universities (1982) recommended that the President of India may continue to be the Visitor of the Central Universities. It also suggested that the Governor of the State in which the Central university is located may be the Chancellor of the university.
Although the office of Visitor in the case of Central Universities and of Chancellor in the case of State Universities perform, by and large, the same functions, there is a qualitative difference in the manner in which the President and the Governors exercise the powers conferred on them.
In the case of Central Universities the President of India as their Visitor is not an officer of any of the Central Universities; He functions outside the normal decisionmaking processes within the Universities. In fact, the President functions on the advice of the Cabinet at the Centre. This clarity in the manner of exercising the powers of the Visitor implies that in all decisions taken by the Visitor, the Government at the Centre plays the crucial role.
The position in respect of Governors functioning as Chancellors of the State Universities is very different. It is not a difference just of nomenclature. The most crucial difference is that while the Governor of a State, by virtue of his office, is the Chancellor of the University, he is also an officer of the University. The implication of these provisions is that the Governor is statutorily a member of the University and is a participant in the internal decision- making processes. This position has given rise to the argument that while acting as Chancellors, the Governors are performing only specific statutory functions assigned to them by the Acts of incorporation of the, Universities of which they are the Chancellors. There have been judicial pronouncements which uphold this view. The ambivalence about the manner in which the Governor of a State performs his functions as
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Chancellor has given rise to several unseemly controversies. There have been litigations, and there have been persistent and often acrimonious conflicts between the Governors and the State Governments. In some States, as a matter of convention, the Governors have been consulting the State Governments though they have generally taken the view that they were not obliged to do so.
This situatuion led many Governments to feel that they have no real say in the management of the Universities which have been established and are being funded by them,
We have given considerable thought to this matter. In view of the fact that State Councils of Higher Education for State Universities are being insisted upon by the Central Government and a Council for Central Universities has been recommended in this Report, we recommend that provision should be made in the Acts of State Universities and also in the Core Legislation which the Contra has to legislate that THE POWERS VESTED IN THE VISITOR SHALL BE EXERCISED ON THE ADVICE OF THE GOVERNMENT CONCERNED AND IT SHOULD BE ENSURED THAT THE ADVICE OF THE STATE COUNCIL FOR HIGHER EDUCATION COUNCIL FOR CENTRAL UNIVERSITIES, AS THE CASE MAY BE. IS ALSO SOUGHT. TILL SUCH TIME AS THESE COUNCILS ARE CREATED THE UGC SHOULD BE INVOLVED IN THIS CONSULTATIVE PROCESS.
WE RECOMMEND THAT THE PRESIDENT OF INDIA IN THE CASE OF CENTRAL UNIVERSITIES AND THE GOVERNOR IN THE CASE OF STATE UNIVERSITIES BE THE VISITOR OF THE UNIVERSITIES WITH THE SAME POWERS AS THOSE OF THE VISITOR OF THE CENTRAL UNIVERSITIES. HE SHALL NOT BE AN OFFICER OF THE UNIVERSITIES.
The relationship between the Governor / Chancellor and the universities of the State has recently caused concern. There are instances where his actions reflect deviation from what obviously is the best in the interest of the University. In recent times several cases of this nature have drawn public attention. It is essential that some checks and balances are exercised in respect of the powers exercised by the Chancellor and a machinery is provided to ensure that his powers and actions are fair and sound. WE RECOMMEND THAT IT SHOULD HE OBLIGATORY ON THE PART OF THE VISITOR [GOVERNOR] TO CONSULT THE CHAIRMAN, UGC WHILE TAKING DECISIONS CONCERNING THE UNIVERSITIES, WHERE DEVIATIONS FROM NORMAL PRACTICES ARE INVOLVED.
9.1 CHANCELLOR Constitutionally, Chancellor is the head of the University and is usually vested with a number of important powers. He is the ex-officio President of Senate or Court and presides over the convocations of the University.
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Almost as a rule, the Governor of the State is a Chancellor of the State Universities. The exceptions are
M.S. University of Baroda where under the Act of the University, the Ruler or the ex-Ruler of Baroda is the Chancellor of the University,
the Panjab University where the Vice-President is the ex-officio Chancellor of the University,
University of Health Sciences and Telugu University in Andhra Pradesh, where the Chief Minister of the State is the Chancellor.
In the Central Universities the pattern is some-what different. Aligarh Muslim University, and Banaras Hindu University have posts of Chancellor but their Chancellor is not the Governor of the State as in the State Universities. The Court elects the Chancellor. A further variation is found in the University of Delhi, and the University of Hyderabad, where the Vice- President of India is the exofficio Chancellor. The Chancellor in the Vishwa Bharti, Jawaharlal Nehru University and North Eastern Hill Universities is appointed by the Visitor out of panels of not less than 3 persons recommended by the respective Executive Councils.
As per the report of the Committee on Model Act for Universities, the Chancellorship should be an Office of honour to which a person may be elected by the Court. The Chancellor may preside at convocations and other ceremonial functions. The Chancellor, by virtue of his position and eminence in public life, could be of assistance to the University in settling conflicts and smoothening generally the relationship between various authorities of the Universities.
The Report of the Committee on Governance of Universities and colleges (1971), contemplated the appointment of a Chancellor, and recommended that the Chancellor should have the privilege of presiding over the convocations of the University, but he would not be saddled with any administrative responsiblity or authority. "In other words, the idea of making this recommendation is to associate some distinguished citizen in the State with the Universities." It was suggested that the Chancellor may be nominated by the Visitor on the recommendation of the Executive Council, for a period of three years.
WE RECOMMEND THAT THE CHANCELLORSHIP SHOULD BE AN OFFICE OF HONOUR TO WHICH PERSONS OF EMINENCE IN PUBLIC LIFE OR ONE WHO HAS DISTINGUISHED HIMSELF IN SCIENCE, LITERATURE, SOCIAL SCIENCES OR ARTS MAY BE NOMINATED BY THE VISITOR ON THE RECOMMENDATIONS OF THE EXECUTIVE COUNCIL, FOR A PERIOD OF THREE YEARS, AND HE SHOULD BE ELIGIBLE FOR REAPPOINTMENT.
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THE CHANCELLOR SHOULD HAVE THE RIGHT TO PRESIDE OVER THE CONVOCATIONS, COURT / SENATE AND OTHER CEREMONIAL FUNCTIONS. HE SHOULD BE AN OFFICER OF THE UNIVERSITY.
9.2 PRO--CHANCELLOR The office of Pro-Chancellor is a decorative post. Ordinarily, Pro-Chahcellor is next to the Chancellor and a number of University Acts provide that in the absence of the Chancellor, the Pro-Chancellor may perform such functions as may be assigned to him by the Chancellor. More than 20 universities have Pro-Chancellors. In the Central University of Delhi the Chief Justice of Inida is ex-officio Pro- Chancellor of the University. Eight Universities of Agricultural Sciences have the Minister of Agriculture of the State concerned as the ex-officio Pro-Chancellor. In the two universities of Jammu and Kashmir, the Chief Minister of the State is ex-officio Pro-Chancellor. The Indira Kala Sangit Vishwavidyalaya has three Pro-Chancellors viz. the Minister of Education of the State and the founder i.e. the ex-ruler of State Khairagarh and his wife. The Ministers of Education of the State is the Pro-Chancellor in the Universities of Cochin, Calicut, Kerala., Madras, Madurai Kamaraj. Some other universities earlier had the office of Pro-Chancellor, but the same was abolished by amendments of their Acts.
In view of our earlier recommendation for the offices of the Visitor and Chancellor, we are of the view that there is normally no need for the office of the Pro-Chancellor.
9.3 VICE-CHANCELLOR Under the University constitution, while the Chancellor is described as " the Head of the University ",the Vice- Chancellor is the " Principal Academic and Executive Officer of the University".
As the academic and executive head of the University, the Vice-Chancellor has to play the most significant role as the leader of the university system both in the executive and academic wings. He functions as a " bridge" between the executive and the academic wings of the university and as he is the head of both these wings, he is both a "teacher and an " administrator".
Vice-Chancellors have mostly been chosen either from University Professors or from Principals of colleges . There are instances where Supreme Court/ High Court Judges as also IAS / IPS or other services' officers were appointed as Vice- Chancellors. But most of the universities have their 'lice-Chancellors drawn from the teaching profession.
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According to the Model Act Committee report, the Vice- Chancellor is by far the most important functionary in a university, not only an the administrative side but also for securing the right atmosphere for the teachers and the students to do their work effectively and in the right spirit. In the Gajendragadkar Committee report on the Governance of the University, it has been stated that the Vice-Chancellor be the principal executive and academic officer of the university and should exercise general supervision and control over the affairs of the university and give effect to the decision of all its authorities. He shall be the ex-officio Chairman of the Court, Executive Council, Academic Council, Finance Committe and Selection Committees and shall, in the absence of the Chancellor preside at any convocation of the university for conferring degrees. It shall be the duty of the Vice-Chancellor to see that the provisions of the Act, Statutes and Ordinances and Regulations are fully observed and he should have the power necessary for the discharge of this duty.
9.3.1 APPOINTMENT OF THE VICE-CHANCELLOR The Radhakrishnan Commission favoured the idea of selecting the Vice-Chancellor by the Chancellor, but on the positive recommendation of one name by the Executive Council empowering the Chancellor to ask for fresh name if he considers the name unsuitable.
The Kothari Commission while agreeing with the idea of the Radhakrishnan Commission suggested that as the necessary conditions are created the choice of the Vice-Chancellor should eventually be left to the University concerned.
Appointment of the Vice-Chancellor is made in most of the Universities out of a panel of at least three names by the Governor / Chancellor, if it is State University and by the Visitor in the case of the Central Universities. The panel of names is prepared by a Committee constituted in accordance with the provision of the Act or the Statute of the University concerned.
The UGC Committee on Governance of Universities and College " (UGC' 1971) has in its report, after considering several alternatives, recommended that the Vice-Chancellor may be appointed by the Visitor (or Chancellor) from amongst a panel of names submitted by a Committee specialty constituted for the purpose. The Comittee has suggested the following alternatives for the constitution of the Search Committee.
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PATTERN I a. A nominee of the Visitor (or Chancellor)
b. Two nominess of the Executive Council (or Syndicate)*
PATTERN II a A nominee of the Visitor (or Chancellor)
b A nominee of the Chairman, UGC
C. A nominee of the Executive Council ( or Syndicate)*
PATTERN III a. A nominee of the Visitor (or Chancellor)
b. A nominee of the Chairman, UGC
C. Three nominees of the University one of whom may be nominated by the Academic Council and the other two by the Executive Council (or Syndicate). Alternatively one to be nominated by the Executive Council (or Syndicate) and the other two by the Academic Council.*
We have devoted considerable time to this issue and are firmly of the view that the appointment of Vice-Chancellors be made by the Governor / Visitor in the State Universities and by the President / Visitor in the Central Universities. We are further of the view that THE APPOINTMENT OF VICE- CHANCELLORS SHOULD BE THROUGH PROPER IDENTIFICATION OF A PANEL OF NAMES OF EMINENT ACADEMICIANS BY A SEARCH COMMITTEE comprising of a representative of the Executive Council / Syndicate, a nominee of the University Grants Commission, and a nominee of the Chancellor / Visitor who may be the Convenor of the Committee.