Guv seeks Prez view on new bill
Faisal Malik
MUMBAI: Following Maharashtra Vikas Aghadi (MVA) government’s bid to curtail his powers related to appointments of vice chancellors of universities, Governor Bhagat Singh Koshyari has approached the union home ministry seeking views of President Ram Nath Kovind over amendment in the Maharashtra Public Universities Act that reduces his powers. According to Raj Bhavan sources, Koshyari is of the view that the provisions of the bill are not in conformity with the regulations under University Grant Commission (UGC) Act, 1956, enacted by the Parliament and sought President’s view in the light of Article 252(2) of the Constitution. This has led to another flashpoint between Raj Bhavan and the MVA government.
The Maharashtra legislature on December 28, 2020, passed the Maharashtra Public Universities Act Amendment Bill that curtails powers of the governor in appointing vice-chancellors of various universities by changing the procedure, which was sent to Koshyari for his assent and it is still pending with him.
“Since the powers of the Governor being the Chancellor of the universities in the state are being proposed to be amended by the said bill, it was felt by the Governor that it would not be just for him to take decision on the said bill,” states Santosh Kumar, principal secretary to the Governor, in his letter written to the joint secretary, ministry of home affairs (judicial division) on April 21.
The bill will allow the state government to constitute a search committee that will suggest five names for appointing as vice chancellor, which in turn, will send two names to the governor for approval. “The Chancellor shall appoint one person included in the panel forwarded by the state government to be the Vice-chancellor within 30 days,” states the bill.
So far, the power to appoint a search committee was with the governor who used to shortlist one as vice chancellor from the list of five names recommended by the committee.
“The subject of the Bill falls under entry 32 in List II (State list) as also under entry 25 in List III (Concurrent List) in the Seventh Schedule to the Constitution of India. As the provisions of the Bill are repugnant to the provisions of UGC regulations which are enacted under the central legislation namely, University Grants Commission Act, 1956, Hon’ble Governor directed to reserve the Bill for consideration of the Hon’ble President with reference to Article 254(2) of the Constitution,” the letter states further.
In reply to a text message, Kumar said they have yet not received any communication from the union home ministry in response to the letter.
The officials from state higher and technical education department said that it was an unnecessary move by the Governor as the constitution is clear about which of the Bills requires the President’s assent.