The appointment of Vice-Chancellors to four State-run universities, locked in a tussle between the HRD Minister Geetashree Oraon and Raj Bhawan, looks unlikely before the Election Commission announces lok Sabha elections, after which the model code of conduct will kick in.
The Raj Bhawan, according to sources, has now sought legal opinion of the Advocate General, after the Minister raised various objections to the process of appointment and declared the search committee constituted by the Governor as ‘illegal’. Advocate General RS Mazumdar told The Pioneer that he was yet to go through the file. So, the Governor will begin to hold consultation with the Chief Minister only after the AG gives his report on the objections raised by the Minister, who has sought reservation for the tribal candidates in the V-Cs’ appointment.
The post of V-Cs of Kolhan, Sido-Kanhu, Nilambar-Pitambar and Vinoba Bhave Universities and Pro V-Cs of SKMU and VBU are lying vacant for over six months. These universities have been put under the charge of the respective divisional commissioner under a stop gap arrangement. The stop gap arrangement, according to sources, has severely hit the university works as the divisional commissioners, with an exception of SS Meena in VBU, are not able to get time for the university work, hitting even the routine work.
According to sources, the AG’s opinion has been sought on the legality of the search committee and its composition. The Minister, during her meeting with the Governor, also sought him to relax the educational criteria for tribal candidates as Jharkhand falls under the Fifth Schedule Areas. Under the Fifth Schedule, the Governor may make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area. But the Supreme Court’s latest verdict is that the Governor will exercise this power in consultation with the Cabinet.
But the biggest stumbling block in fast-tracking the appointments will be the Governor’s nominees in the four-member search committee. The minister has trashed the search committee and advocated for constituting it in line with the UGC guidelines which provide for constitution of a committee consisting of eminent educationists /academicians. But the State Government has not amended the Jharkhand State Universities Act, 2000 mandating the Chancellor to follow the UGC guidelines.
Under the Act, the VCs are appointed by the Chancellor in consultation with the State Government. The present search committee, constituted by the Governor is headed by Justice DN Patel and comprising Chief Secretary RS Sharma, former Ranchi University VC AA Khan and Principal Secretary to the Governor RS Poddar. The panel is said to have submitted the list of three candidates for each post. There is yet another legal issue involved. According to the minister, the Governor should have begun consultation since initiating the appointment process implying thereby before constituting the search committee.
But the Raj Bhawan view apparently was that the point of consultation was yet to reach. The search committee was constituted just to help the Governor to take an informed decision in a transparent manner since the Act did not spell out any mechanism through which the Governor will exercise this power. The Supreme Court verdict on the issue, delivered in Bihar case, is that the Chancellor is not required to receive recommendations from the State Government or that the opinion of the State Government is binding upon the Chancellor.
All that the Apex Court said that there has to be proper consultation by producing all materials duly recorded to show that such exercise was carried out and there was application of mind with regard to all those persons who may be otherwise eligible.