Hon’ble Shri Pranab Mukherjee
Visitor, University of Delhi
(President of India)
Rashtrapati Bhawan
New Delhi
3 March 2014
Sub: Appeal to stop move to make draconian changes to Teachers’ Service Rules
Dear Sir,
The Delhi University has proposed significant amendments to Ordinances XI and XII that govern the service rules for University and College-appointed teachers (see Annexure 1). These amendments attempt to define “misconduct” in an unprecedented and unacceptable manner and to simultaneously concentrate powers to take action against teachers for such “misconduct” in the hands of the Vice-Chancellor. This is sought to be done by making the Code of Professional Ethics (UGC Regulations 2010, see Annexure 2) actionable under disciplinary measures directly ordered by the Vice Chancellor. The proposed amendments are on the agenda of the meeting of the University’s Executive Council on 6 March 2014. We seek your urgent intervention to stop them on the following grounds:
- The UGC’s Code of Professional Ethics is a document encapsulating the ideals of the teaching profession and teachers’ role in relation to the various constituents of the University, the Society at large and the Nation. The proposed amendments seek to make this Code of Ethics, which is supposed to serve as a guide for teachers, into a Code of Conduct, based on which “misconduct” can be determined and action taken. The Code includes many clauses that are subject to differing interpretation. While it broadly obliges teachers to instill in students, through instruction in critical ideas and thought as well as by practice, democratic ideals and awareness of social problems, there is no clear delineation of the academic freedom that must accompany the pursuit of such a vital aim.
- a. In particular, clause II (x) of the Code, which states that “teachers should refrain from inciting students against other students, colleagues or the administration” is open to varying, subjective and even extremely biased interpretation. Further, it is in contradiction to the specified aim of teachers to instill democratic values and critical thinking in students.
- b. Another example is clause I (vi) by which a teacher can be charged with misconduct, even while performing his/her duties, for not doing so “conscientiously and with dedication”, opening the possibility for arbitrary and biased targeting of individual teachers.
- c. The more concrete and objective clauses in the Code are already specified in existing ordinances: a) requiring teachers to devote their whole time to the University and to not engage in any trade/ business private tuition already part of the service contract of teachers; b) requiring teachers to participate in admissions, examinations, supervision of co-curricular activities, etc. (clause 5 in Annexure to Ordinance XI and clause 4 & 4a in Annexure to Ordinance XII, see Annexure 3)
- The power to take disciplinary action against teachers which now rests with the Executive Council / Governing Bodies with clear and laid down procedures is sought to be shifted to the individual holding the office of the Vice-Chancellor.
- Along with the proposed amendments to teachers’ service rules, an amendment to enable the reappointment of the Vice-Chancellor for a second term has also been put on the agenda.
The University has, of late, adopted repressive measures against its democratic organs – particularly the DUTA – to crush dissent and peaceful forms of protest against controversial academic restructuring, arbitrary and wrongful implementation of the Government’s Reservation Policy and lack of regular Recruitment and Promotions. Ever since he took office, the Vice-Chancellor has refused all dialogue with the DUTA and gone so far as to deny the DUTA any hall to hold its general body meetings.
The measures to crush collective protest and individual criticism include wage cuts for sitting on Hunger Strikes (even on Public Holidays), arbitrary Show-Cause Notices, denial of Promotions, as well as overt and covert harassment of teachers who have expressed dissent against the University’s functioning and the demerits of the academic restructuring. On public platforms and the national media, the Vice-Chancellor has repeatedly attacked teachers for expressing any criticism. In such a context, many clauses of the Code can also be interpreted to target teachers and severely curtail their democratic freedoms through threats and action that may extend up to dismissal from service.
As is clear from the proposals, the University may witness severe escalation in repression and victimization of teachers who have dared to express dissent against the authorities’ manner of functioning and their excesses. Teachers will not only be discouraged from expressing solidarity with students in their protests on legitimate issues, any criticism may serve as sufficient proof of “instigation” with the Vice Chancellor arrogating all disciplinary authority unto himself. We hope you will agree that a University cannot hope to develop critical thinking in students if teachers are denied the right to speak their mind freely and openly.
We may add that the move to change teachers’ service rules is but the latest in a series of measures that have been imposed on the University ever since the current Vice-Chancellor took office. We have submitted several representations to you about his misgovernance and illegalities that are destroying this premier institution. We enclose with this letter a Note that summarises his more recent actions (see Annexure 4).
We urge you to consider the matter seriously and take steps to ensure that such draconian and anti-academic measures are not imposed on the University.
With regards,
NANDITA NARAIN
President
Encl:
1. Annexure 1: Proposed Amendments on agenda of EC meeting of 6.3.2014
2. Annexure 2: Code of Professional Ethics in UGC Regulations 2010
3. Annexure 3: Existing clauses of Ordinances XI and XII
4. Annexure 4: Functioning of Vice-Chancellor Prof. Dinesh Singh
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