Bihar University Teachers Push for Legal Overhaul in VC Appointments
The Federation of University Teachers Associations of Bihar (Futab) has issued a formal appeal to the state governor, who serves as chancellor, and the Bihar government, urging immediate amendments to the state's university statutes governing the appointment of vice-chancellors. This demand arises directly from a recent landmark Supreme Court judgment that has rendered the existing legal framework for such appointments legally unsustainable and non-compliant with national standards.
Supreme Court Verdict Mandates UGC Compliance
In a decisive ruling on the Puducherry Technological University (PTU) case, the apex court clarified that any search committee formed without a mandatory nominee from the University Grants Commission (UGC) violates the UGC Regulations of 2018. The court emphasized that these federal regulations take precedence over state or union territory laws in matters of vice-chancellor appointments, specifically requiring the inclusion of a UGC representative in the selection panel to ensure transparency and uphold educational quality.
The Supreme Court noted that the PTU Act of 2019 failed to provide for a UGC nominee, leading to a breach of binding UGC norms and resulting in the invalidation of the appointment. This judgment sets a critical precedent, compelling all states to align their university laws with UGC guidelines to maintain the integrity and standards of higher education across India.
Current Bihar Laws Lack UGC Nominee Provision
However, Bihar's current legislative framework, including the Patna University (Amendment) Act of 2013 and the Bihar State Universities Act of 2013, prescribes a three-member search committee without any provision for a UGC nominee. According to these acts, the committee comprises: (a) an eminent scholar or academician nominated by the chancellor as chairman; (b) the director or head of a national-level institute, or a vice-chancellor of a statutory university nominated by the chancellor; and (c) an eminent academician nominated by the state government.
This structure directly conflicts with the UGC Regulations, 2018, which mandate the inclusion of a UGC representative to oversee and validate the appointment process, thereby raising concerns about the legality of past and future vice-chancellor selections in Bihar.
Futab Leaders Advocate for Swift Amendments
Futab working president Kanhaiya Bahadur Sinha and general secretary Sanjay Kumar Singh, who is also a Member of the Legislative Council (MLC), have strongly urged the chancellor and state government to amend the search committee provisions before initiating any new vice-chancellor appointments. They argue that such amendments are essential to bring state laws into conformity with paragraph 7(3) of the UGC Regulations, 2018, as directed by the Supreme Court, and to prevent future appointments from facing legal challenges and potential invalidation.
The teachers' association highlighted that failure to update these laws could lead to protracted legal disputes, undermining the stability and governance of Bihar's higher education institutions.
Governor's Office and Committee Formation
In response to these developments, sources from Lok Bhawan indicated that since Governor Rajendra Vishwanath Arlekar assumed office, a UGC nominee has been included in all search committees constituted for vice-chancellor appointments in state universities. This administrative practice, however, lacks a formal legal basis under the current statutes.
To address this gap, the chancellor's secretariat has established a five-member committee, headed by Jaya Prakash University Vice-Chancellor Parnendra Kumar Bajpai. This committee is tasked with examining draft statutes and recommending necessary amendments to the existing provisions, aiming to ensure full compliance with the Supreme Court's directives and UGC regulations.
The ongoing efforts reflect a broader push to harmonize state-level educational governance with national standards, safeguarding the appointment process for vice-chancellors and enhancing the overall quality of higher education in Bihar.
