Amid Nitish govt vs Governor flare-up over varsities’ control, JD(U), BJP dial down heat

Raj Bhavan sources told The Indian Express that the education department has been “finding one way or the other to interfere with the Chancellor’s power”. “Even though rules are clearly in place that Governor who is ex-officio Chancellor of universities, is the appointing authority of Vice- Chancellors and that the whole administrative control of universities rests with the Chancellor. The education department can only conduct audits and cannot correspond with the V-Cs,” sources said.

The JD(U) and the BJP however appear to be on the same page, asking the education department to go by the rule book, precedence and a recent Supreme Court ruling upholding the supremacy of the Chancellor in matters related to the universities’ functioning.

There have been at least five instances in the last 10 months, when the Bihar government and the Raj Bhavan have locked horns over the inspection and administration of 13 state universities. The education department has maintained that since it gives grants and other funds to the state universities, it is well within its powers to exercise administrative control over them in various matters.

Even though the Raj Bhavan has not officially reacted to the education department’s fresh inspection order, a Raj Bhavan source said that the matter would only worsen if the government officials start “interfering” with the administrative matters of state colleges and universities.

The education department has convened a meeting on February 28 to deliberate on the matter. “The 28 February meeting to be held in the state secretariat holds importance as it would discuss whether universities should take orders from Raj Bhavan or state government”, said a government official.

In September 2023 – when Nitish was heading the Mahagathbandhan (grand alliance) government involving the RJD and the Congress – the Raj Bhavan had written to all the V-Cs “not to follow any orders except those from the Governor or Raj Bhavan”.

R L Chongthu, principal secretary to Governor R V Arlekar, had then written to the V-Cs: “Certain officials are attempting to create confusion illegally and recalcitrantly, and are undermining the established autonomy of the University administration as well as the clearly laid down and unambiguous power and authority of the office of Chancellor in the matter of running the affairs of Universities”.

The trigger for such a terse letter from the Raj Bhavan was a 16 June 2023 order sent by the education department to all state universities, asking them not to introduce the four-year degree course, which had been already approved by Governor Arlekar in line with the UGC’s recommendations.

But the Raj Bhavan had final say and implemented this course from the 2023-24 academic session.

Another trigger was the education department’s 18 August order holding salaries of the V-C and pro-VC of the BR Ambedkar Bihar University (BRABU). The Raj Bhavan reversed the decision a day later.

Another conflict was seen when the education department, in its 22 August order, invited application for appointment of V-Cs of five state universities despite the Raj Bhavan having put out a similar advertisement on August 4.

JD(U) national spokesperson Rajib Ranjan told The Indian Express: “The education department’s additional chief secretary K K Pathak must work within limits of his power and should not do anything that can embarrass the state government and bring Raj Bhavan and government into unnecessary conflicts. The recent Supreme Court order is an eye opener and this debate does not need any political interpretation. CM Nitish Kumar has praised Pathak because he is an upright officer but this does not mean that he should exceed his brief”.

Echoing Ranjan’s position, state BJP vice-president Santosh Pathak said: “Rules and precedence are well in place in matters of Raj Bhavan’s powers over universities. The state government has a subsidiary role. The idea is to ensure good governance and smooth functioning of universities.”