Will Odisha Govt Re-Introduce Senate System By Amending Contentious Varsity Act?

Bhubaneswar: The BJP-led state government now plans to amend the Odisha University (OU) (Amendment) Act, 2020 to remove legal hurdles that had stalled recruitment process of faculty members for the past two years in the state universities. This was announced by the state Education Minister, Suryabanshi Suraj, while replying to questions in the state assembly.

The minister claimed that the previous BJD government had made extensive amendments to OU Act of 1989, diluting the autonomy of the state-run universities, and violated the UGC regulations, under which academic staff in universities are selected by a duly-constituted selection committee of the concerned university.

But, the recruitment power in the amended 2020 Act was transferred to the Odisha Public Service Commission, creating an uproar. Later, the matter reached the Supreme Court, which issued a stay order in May 2022. Many had argued that the 2020 amendments clearly violated the UGC guidelines, which states that the search-cum-selection committee for the selection of a vice-chancellor should have persons of eminence from education sector and not be associated with the university.

But, the 2020 amendment had allowed a superannuated officer of the state government in the recruitment process of VCs. Even, Union Education Minister, Dharmendra Pradhan, had written to Chief Minister Mohan Majhi expressing concerns over the amendments made to the 1989 Act.

What amendments will be done? Questions aplenty…

Now, the question arises that what amendments will be done to the existing Act by the present government? Will it revert to the previous system of Senate that was abolished by the BJD government? Will it make changes to the Syndicate—presently the highest authority of the universities— that was restructured by the former Naveen Patnaik-led government to accommodate representations from the state government? Also, it is to be seen what happens to the Odisha Public Service Commission that was created to undertake selection of university teachers centrally with an aim to save time, effort and expenses?

What was the senate system?

As these questions now take up the centre stage, the focus now shifts to what was the senate system as described in the Orissa Universities Act of 1989? The ex-officio members of the senate were the Vice-Chancellor of the concerned University ; the Director; the Director of Medical Education and Training, Orissa (now Odisha), the Director of Technical Education; the Chairman of CounciI of Higher Education, Orissa or the Vice-Chairman duly authorised by him; the Advocate General of Orissa, Principals of some colleges; Chairman, Post-Graduate Council of the concerned University and heads of all post-graduate Departments of the concerned University.

This apart, there were other members also. The Chancellor of the university could nominate principals— one-third the number of affiliated colleges, maximum 20—on seniority-cum-rotational basis as other members. The Chancellor could also nominate five eminent persons to become other members. three members of the Orissa Legislative Assembly to be elected from among themselves. There were representations from students, non-teaching employees and the Orissa State Legislative Assembly as well.
The Senate was empowered to review policies and programmes of the universities, suggest measures for its development and could pass resolutions and consider the annual report, annual accounts and audit report of the university. It could also exercise some other prescribed functions.

Why was the Senate abolished?

At the time of its abolition, the BJD government had mentioned in the amendment that ‘over the years, Senate’s role had become very ceremonial, without any real contribution to University functioning.’ Though Senate meeting was to be convened by the Vice-Chancellor at least once in a year, several universities didn’t conduct the same frequently. For instance, at the time of amendment, Utkal University had not held the Senate meeting for 10 years. Shri Jagannath Sanskrit University didn’t hold any such meeting for 9 years. Ravenshaw University didn’t conduct the same for 3 years. Other universities were also found to be irregular in the conduct of such meetings.

Was the restructured Syndicate a threat to autonomy of universities?

Well, some have argued that the Syndicate was restructured to ensure the state government could interfere in the matters of the universities. But, it wasn’t the restructured Syndicate alone that ensured representation of the state government in the system. The abolished Senate from the 1989 Act also had four state government officers as its ex-officio members. So, what did the restructuring change? In the restructured Syndicate, Secretary of Higher Education Department or his representative, not below Joint Secretary rank, was included as an ex-officio member. In place of Director of Higher Education Department, the Regional Director of Higher Education Department was made an ex-officio member.

What happens in other states?

In Kerala, Karnataka, Gujarat, Maharashtra and West Bengal, Secretary of Higher Education Department along with two to five other senior State Government officials of Secretary and Director rank are ex-officio members of their respective University Syndicate or equivalent bodies.