MAY 22: Even as Governor P C Alexander signed the ordinance to amend the Maharashtra Universities Act, 1994 more than a week ago, the much-publicised amendment is yet to come into force since the Congress-led Democratic Front government has not yet notified the ordinance in the official gazzette as required under the law.
In response to the assurance given in both the houses of the state legislature, the cabinet had taken a decision on May 4 to amend the Maharashtra Universities Act to provide for the removal of an erring Vice-Chancellor. Subsequently, Alexander on May 12 signed the ordinance as recommended by the cabinet. However, it still remains to be notified.
“As per the legal provisions, once the Governor and secretary of the department signs the ordinance, it becomes a legal document. However, it will not come into force till it is notified in the official gazzette,” a senior official said.
Following a strong protest by the Congress as well as opposition members from Kolhapur, Minister for Higher and Technical Education Dilip Walse-Patil had said in the Assembly that in the absence of adequate provisions in the Maharashtra Universities Act, 1994, his government was unable to take any action against Shivaji University Vice-Chancellor D N Dhanagare.
In the same breath, Dilip Walse-Patil had also declared that his government will amend the act to provide for the removal of erring Vice-Chancellors. Though his announcement was greeted by the treasury as well as opposition members, teaching as well as non-teaching staff of the universities and a section of the vice-chancellors had strongly opposed the move, saying, it would adversely affect the autonomy of the universities.
Significantly, the high-level committee formed by Alexander to recommend amendments to the Maharashtra Universities Act was headed by Dhanagare. Thirty out of 64 amendments made by the committee have been accepted by the Governor, and the ordinance is based on these recommendations.
The ordinance empowers the Governor to remove the Vice-Chancellor if he has wilfully omitted or refused to carry out the provisions of the act or has committed breach of any of the terms and conditions of the service contract or any other conditions prescribed by the state government or has abused the powers vested in him or if the continuance of the Vice-Chancellor in the office is detrimental to the interests of the University.
The ordinance also provides for an appointment of any official of the state government not below the rank of principal secretary on the search committee for selection of the Vice-Chancellor. Under the existing act, only the principal secretary of higher and technical education was eligible to be appointed on the committee.
Under the existing act, the pro Vice-Chancellor shall be a person who has held the post of professor, reader or principal of a college or an institution with not less than 10 years’ teaching experience. Now the experience has been enhanced to 15 years. If the post of controller of examinations has remained vacant for a period of six months, the government has been empowered to appoint a person on deputation, a suitable person having the prescribed qualifications, on the post for a period not exceeding one year at a time.
The ordinance also makes it obligatory for every teacher as well as non-teaching employees of the university, affiliated, conducted or autonomous colleges or recognised institutions to render necessary assistance and service in respect of examinations. In the event he or she refuses to comply, it shall be treated as misconduct and the employee shall be liable for disciplinary action.
The ordinance provides for reservation for women and for backward classes on the authorities and bodies of the university, for timely filling up of vacant posts of registrar and controller of examinations, and for establishment of a new board, the Board of University Teaching and Research, to ensure maintenance of standard of post-graduate teaching and research.