“Freedom of individual development and initiative lies at the very root of democracy. Absolute control of education by the State breeds tyranny. In such states, institutions of higher learning controlled and managed by governmental agencies act like mercenaries, promote the State’s political agenda, and supply it with the weapons it needs. We must resist, in the interests of our own democracy, the trend towards the governmental domination of the educational process.” This was an observation by the first University Education Commission of India (1949) headed by S Radhakrishnan. The Inter-University Transfer Bill passed by the West Bengal Assembly, which permits the Governor, as ex-officio chancellor of state universities, to transfer university teachers, in consultation with the state government, to other universities, is an example of the “control model” of higher education. The chief minister stated that the bill is intended to “punish” employees of a particular university, and he does not want to conceal this fact. This statement, widely reported in the media, could be a ground to strike down the legislation as unconstitutional, as no provision of law can be made only to target a particular group. There are serious legal issues involved in the new Bill. How can the new provision alter the terms of contracts which universities had already signed with their employees? The terms of a contract cannot be subsequently modified to the disadvantage of one party. Similarly, many students join universities due to the presence of particular subject experts. They may have the legitimate expectation that these teachers will teach them or supervise their research. It seems the government has no idea how students select colleges and universities. The justification of the bill on the ground that newer universities require hand-holding or are under-staffedtoo is absurd because such guidance by experts requires that they consent to do so. If we really want good teachers from one university to teach in another as well, their services may be sought for a semester with their consent, on a deputation basis. Many universities have over 40 per cent vacancies. No university has a surplus that will allow its faculty to allow them to teach elsewhere. The expression “administrative reasons” in the Bill speaks volumes. Teachers are sought to be transferred as a “punishment posting”, not to help new or under-staffed universities. University teachers are not government employees who can be transferred at the whims and wishes of the government. Universities are not government departments but autonomous institutions, governed by their own Acts. No Indian university figures in the list of top 100 universities of the world because our higher education is over-regulated and is grossly underfunded. Universities have multiple masters in various regulatory bodies of higher education. The University Grants Commission’s primary job was giving grants to the universities. Today, it gives grants primarily to central universities and that too largely under the head of payment of salaries and pensions. For most state universities, it is merely a regulatory and controlling body. Section 12 of the UGC Act,1956, lays down that the UGC, in consultation with the universities or other bodies concerned, will take all such steps as it may think fit for the promotion and co-ordination of university education and for the determination and maintenance of standards of teaching, examination and research in universities. The vital expression “in consultation with the universities” too demonstrates the intent of framers. The UGC was meant to act not as a controlling body but as one that would discharge its function democratically. Moreover, the first four clauses of Section 12, which lay down the functions of the UGC, are all about giving funding to universities. Education was originally put in the State List by the framers of the Constitution, and it was Indira Gandhi who, through the 42nd Constitutional Amendment in 1976. brought it onto the Concurrent List. Unfortunately, the UGC has lately been framing regulations that are contrary not only to various state acts of different universities but also to the myriad legislation about central universities. The Supreme Court, without going deeper into the issue, has in various cases upheld such regulations on the ground that regulations framed under the Central Act become part of the UGC Act and, due to Article 254, inconsistent provisions of the state acts cannot prevail over the Central Act. What courts have overlooked is that UGC regulations are approved by the commission members while state acts are passed by the sovereign legislature. In any case, between UGC regulations and Central Act provisions, the latter must prevail, as in the case of conflicts between a general law of the UGC and special laws of universities, the thumb rule is that special law prevails. Let us reject the “control model” of university governance and introduce the “liberty model” of governance of universities, which this author implemented for 16 years in three universities. The “liberty model” requires that governments acknowledge the autonomy of universities and trust the vice-chancellors appointed by them. In fact, in all faculty appointments, too, Governors’/ President’s nominees sit as members of the selection committees. There is a need to democratise internal governance of universities, with students getting a say in all the decisions of the universities. Our universities need to become student-centric instead of vice-chancellor-centric. Let faculty members get the freedom to speak and write so that knowledge creation can happen. Universities are established for intellectual progress which, in turn, demands maintaining the spirit of free inquiry. The pursuit and practice of truth regardless of consequences has been the cardinal motto of universities. Their prayer is that of the dying Goethe: “more light”, or of Ajax in the mist: “Light, though I perish in the light.” The writer is vice-chancellor of Chanakya National Law University, Patna. Views are personal
