On 11th January, 2025, a highly significant, seminar was held at Periyar Thidal in Chennai, to discuss the dire need for the withdrawal of UGC Draft regulations imposing the New Education Policy (NEP) 2020 and to insist on bringing back education from the Concurrent List to the State List. Eminent Academicians and renowned educationists participated in the Conference; organised by the Dravidar Kazhagam (DK). The speeches of some of the prominent participants were as follows, in nutshell.
Dr.P. Jagadeesan (Former Vice Chancellor), Bharatidasan University, Tiruchirapalli.
U.G.C. stands for University Grants Commission, formed in 1956 with the confined objective of granting funds and monetary aids to Universities. The custody of education was then in the State List as per the VII Schedule of the Constitution. The Commission was empowered only to recommend but the right to accept or reject it was vested only with the States.
The All India Council for Technical Education (AICTE) can introduce and implement certain changes in the field of Technical education but the U.G.C. has absolutely no right at all to intervene in University administration.
The Universities under the control of the State Government have autonomy in administration. Even the State Government cannot intervene much in its affairs and policy decisions, but the U.G.C. is now attempting to do it at present. The appointment of a Vice-Chancellor is not like the appointment of a Chief Executive Officer (CEO) in Corporate Sector establishments. So far only the academicians with a reputable educational background and impeccable proven track record in education related policy implementations were being chosen as Vice-Chancellors, but as per the recent U.G.C. Draft regulations, even a candidate without an educational background and even without a Doctoral degree could be appointed as a Vice-Chancellor. If this does happen, interactions and discussions related to the researches in Universities, with the Professors of the departments concerned, would indeed become a ridiculous mockery.
The State Governments have the right to form a search committee in order to shortlist and select Vice-Chancellors. The list of the names of the candidates chosen as per the rules by the search committee members would inturn be sent for an informal conventional consent of the Governors who hold the position of Chancellors.
This procedure is now turned upside down by the recent Draft Regulations of the U.G.C. that seizes the rights of the State Government and empowers the Governor himself to constitute the search committee.
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The existence of Governors is merely a status symbol. The Governor has the powers to act at all times only in accordance with the suggestions of the State government. The revised Draft Regulations is a gross violation of the Constitution. With respect to University administration, the State Government is like a working partner and the position of the Governor is like a sleeping partner. The U.G.C. Draft Regulations seem to be oblivious of this basic distinction. Our people are eternally vigilant not only to ensure that the Government rules perfectly but also to point out its wrong moves, protest against it and prevent the undesirable outcome. The U.G.C. Draft Regulations would certainly make the world of education suffer a set-back.
Dr.Justice A.K.Rajan, former Judge of Madras High Court
At the outset, I wish to state that my speech would be restricted to legal stipulations because what the Constitution says is of prime importance.
The Seventh schedule of the Constitution clearly specifies the rights and powers of the Union Government and the State Government. As per the Item No.44 in the Union List, the Union Government is granted rights only to form and organise institutions other than Universities. As per the Item No.22 in the State List, the State Governments reserve the right to form and organise Universities. When the UGC was formed, the objective and reason were clearly adumbrated in the laws stipulated. The stipulations clearly stress that the UGC does not have the right to intervene in the administration of Universities, but the recent UGC Draft regulations have violated this significant condition. The law has obviously been flouted now.
As per the schedule 66 pertaining to the rights of the Union Government, it has been clearly stated that it can co-ordinate with higher education institutions, assess their quality and certify. I would like to draw your attention to the pith and substance rule in the laws. Regulations cannot be framed in an over-lapping manner as per this exclusive rule. In other words, the recent UGC Draft regulations seize the rights of States and are contradictory to the Constitution. Hence, there is a dire need of withdrawal.
Justice D.Hariparandaman
(Former Justice of Madras High Court)
Nowhere in the Constitution any Article or sub article grants the authority to any Governor to act as the Chancellor of a University. The University laws framed by the State Government specifies that the Governor could be the Chancellor but does not imply unquestionable authority and powers. The Governor has to act adhering to the recommendations of the State Government. He gets an identity only through the State but the recent UGC Draft Regulations imply that the State Government has no role to play at all in the choice and appointment of the Vice-Chancellor. This is a gross flouting of the Constitution’s adumbrations. A legal measure itself has been made doubtful by this violation.
During the emergency days in 1976 education was shifted to the Concurrent List from the State list. The violations during that period were not corrected even by the 44th amendment in the Constitution. Concurrent List is subject to the mutual discussion between the Union Government and the State Government and the ultimate concurrence but the present Union Government has ignored the need of Concurrence and retained education in its hold as its sole right. The State Government has not been consulted or even invited for a talk. This negligence of the Union Government seems to be wilful. Knowing very well the stipulations of the Constitution and acting against it is an unacceptable dictatorial move on the part of the present Union Government and a sign of sheer domination over the States.
Besides, the flouting of laws by the UGC has been continuous through the amendments of 2010, 2013 and 2018. The present Draft Regulations is sequel to those violations. Appointing persons without an educational background or even a doctoral degree is termed as Lateral Entry mode. This was given up owing to widespread protests. Similarly, this new ploy of appointing outsiders as Vice-Chancellors can be defeated only by widespread public protests. A massive legal battle seems to be inevitable to curb totally the UGC Draft Regulations. People should fight collectively to make the UGC withdraw these unacceptable and harmful Draft Regulations. The New Education Policy (NEP) imposed through the UGC, needs stiff resistance by the public.
Special Address by Dr.K.Veeramani, President, Dravidar Kazhagam
The recommendations of the UGC are merely guidelines that need not be implemented in practice. The rule of the UGC is only advisory – not mandatory.
During Emergency period, the rights of Education were shifted from the State List to the Concurrent List. We are all very well aware of it. Serious and sincere efforts are now required to bring education back to the State List. Debating over our past efforts is meaningless. Since it is always “Better late than Never”, we must revive our struggle now. Our fight must be from various angles through several peaceful modes.
‘Education’, moved from the State list through the 42nd amendment in the Constitution. Those were Emergency days. When there was change of rule at the Centre, a Bill was passed in the Lok Sabha to bring back education to the State List. The Bill was sent subsequently to the Rajya Sabha but the rule of the Janata Government toppled and the shift got halted. Since then ‘Education’ has been in the Concurrent list.
We are now in a “Now or Never” stage. Hence, we should relentlessly fight to bring education back to the State list. Concurrent list itself implies “Concurrence” but we find only a dictatorial attitude by Union government inference. No mutual discussion takes place for Concurrence of the State. The Union Government wilfully keeps flouting the laws. The UGC Draft Regulations impose unwarranted changes in University laws. Our Dravidar Kazhagam (DK) has been consistently protesting and fighting against the dictatorial moves of the Union Government. We urge upon it to adhere to the laws and avoid flouting them. The seizure of the rights of the State is injustice. Our fight against it is also legal and justified in all respects.
In the sphere of education Tamil Nadu is at the forefront inspiring all other States. The Sang Parivar and Sanatan coteries are attempting to push us back to the bygone days of ‘Gurukul’. This is proved by the National Education Policy being imposed on us as a strategy. We should defeat their purpose by our united struggle. We are invincible. Let us prove it again by our widespread protest against all the harmful moves of the toxic forces.
Compiled by: V. Kumaresan
