Archive for June, 2010

Nitish Intervenes - Imminent Constitutional Crisis Averted

Friday, June 18th, 2010



In recent times, media reports relating to university administration in Bihar have remained in focus for reasons of controversies.

The universities in Bihar function under the Chancellor (Governor of Bihar) under relevant Acts and HRD department of Govt of Bihar funds the universities. Since the funds are provided by the Govt, it has the right to ensure proper functioning of the universities in public interest.

Under the cover of this principle, the HRD department started issuing orders directly to the universities’ functionaries with sheer disregard to Chancellor’s orders. Continuation of HRD department’s this activism to streamline higher education not only created a stand-off between the Governor and HRD department, but also headed towards imminent constitutional crisis.

Thanx to chief minister Nitish Kumar who visualized the gravity of the situation, met the Governor to resolve all the controversial issues, and the constitutional crisis was thus averted. It is reported that the HRD department has now withdrawn all the controversial orders and letters regarding the derecognition of the appointments of vice-chancellors of Magadh University, and Veer Kuer Singh University (VKSU) and also the overruling of the order of the chancellor sacking the pro vice-chancellor of the VKSU. The Govt’s order freezing the VKSU bank account has also been reportedly withdrawn.

It is known that the higher education in the state is not in order, but executive orders just at the vims of bureaucrats should not be used to disrespect the provisions of the law and the relevant Acts and Statutes. Anything that is not in order and not in public interest in the eyes of Govt, should be addressed in accordance with the provisions of the law and the rules of the procedure. It is surprising that even the minister concerned allowed the situation to drift to such an extent that the HRD secretary started over-ruling the orders of constitutional head of the state. This is definitely not the right way to administer and is a reflection of bureaucratic arrogance.

Recent newspaper reports indicate that the HRD department has started the process to demote some 2000 odd university teachers who “managed to get promotions” by “getting their pre-absorption service period included in the calculation of length of the service required for promotions”. It is also reported that the Registrar of VKSU has now been charged with defalcation and diversion of money in 2003. This has been done reportedly at the behest of Pro-VC of VKSU who has been transferred after CM’s meeting with the Governor.

Well, without going into the merit of the newspaper reports and government’s orders, I am inclined to believe that all is not well with the higher education and universities in the state; and the government as well as the vested interests in the academic fraternity, in one way or the other, have remained a party to the chaos in university administration.

Dr P R Prasad, Patna