Finally, the four State-run universities —Kolhan, Sido Kanhu, Nilamber Pitamber and Vinoba Bhave — have got vice chancellors (VCs) after a gap of over one year. But the long drawn process for the appointments witnessed all the factors into play like the tribal card, constitutionality of the Chancellor’s power and interpretation of the Supreme Court judgement in controversial appointments of VCs in Bihar.
The conclusion of the appointment process, however, is set to open a pandora’s box and is likely to land in the Jharkhand High Court. Though Chief Minister Hemant Soren has sounded diplomatic, HRD Minister Geetashree Oraon, who wanted a quota for the tribals-locals in the VCs’ appointment, has threatened to take a legal recourse in this regard.
According to sources, the one and half hour meeting between the Team Governor and Team Chief Minister was more like a ‘deliberation’ and not ‘consultation’ during which the latest Supreme Court judgement in case of Bihar VCs came for varied interpretation from both sides.
Chief Minister Soren, who had 10-minute consultation with the Governor before the duo sat for the ‘consultation’, wanted the Raj Bhawan to scrap the entire appointment process and initiate it afresh as it did not follow the SC order in the Ram Tabakya Singh case.
Soren said that under the judgement there should have been a search committee as stipulated by the UGC regulations, which provide for constitution of a Search Committee consisting of eminent educationists / academicians.
Also, there should have been effective consultation as stipulated by the apex court. “The consultation should have begun right from constituting the search committee to floating the advertisement, setting the eligibility criteria and finally creating a consensus over the appointment,” he argued.
The Team CM, legally briefed by Advocate General
RS Mazumdar, according to sources, also suggested that the Jharkhand University Act could be amended through an Ordinance and till then the universities could run under the stopgap arrangement. “Since the Supreme Court judgement happens to be the law of land, it should be followed in letter and spirit,” his team members said. The CM also said that the Chief Secretary should also have been appointed to the committee on the advice of the State government.
The Team Governor, however, argued that the SC judgement in Bihar case is applicable with prospective effect. Since the appointment process had been initiated in March last year and the judgment was delivered in August, it will not be applicable in Jharkhand case. Also, the Raj Bhawan has conducted the appointment process in a most transparent manner under a convention set in Jharkhand since 2002, the selection process should not be questioned.
Significantly, State’s the then Governor Rama Jois had constituted a search committee to pick up VCs/Pro-VCs way back in 2002 much before UGC came out with such a regulation. And it had not been challenged earlier by the State Government.
It was a mechanism through which the Governor could exercise his power more democratically and transparently to pick up the VCs.
Under the Jharkhand State Universities Act, 2000 the VCs are appointed by the Chancellor in consultation with the State Government. The Act did not spell out any mechanism through which the Governor will exercise this power. Moreover, the time for holding consultation came only when the search committee, headed by Justice D N Patel, recommended three names for each post. It would have been futile to discuss the issue before the shortlisted prospective candidates were on the board.
Also, the SC verdict on the issue 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.
“Moreover, the Raj Bhawan maintained transparency at every level. In fact, the sealed envelope containing the recommendations by the search committee, was opened during the meeting only,” a source said.The source said that the Governor picked up the first of the three preferences, suggested by the committee, and went ahead with notifying them as there was no scope for breaking the ice with the State Government on the issue.