Draconian Proposals for Amendments in Statutes and Ordinances of Delhi University
As yet another reaction to the growing solidarity between teachers and students manifested in the huge turnout at the March to Parliament on 18 February, and the anger and resentment against the hasty and ill-thought out academic restructuring, the Vice-Chancellor is proposing amendments to Statute 11-F (4) and Ordinances XI and XII which will have far-reaching consequences for the University. Instead of addressing the serious problems facing the University since the introduction of the FYUP which has led to a severe academic decline in the quality of the courses and the teaching-learning process, the Vice-Chancellor has been consistently defaming teachers and resorting to punitive mechanisms against dissenting teachers. Simultaneously, he has tried to give himself over-arching powers and in the process has subverted the Act, Statutes and Ordinances and usurped their powers. The proposals to be taken up in the meeting of the Executive Council on 6 March 2014 must be opposed as they are draconian in nature and as they seek to a) centralize power in the hands of the individual occupying the chair of the Vice-Chancellor and b) make him eligible for reappointment both of which will result in the complete destruction of the ethos and character of Delhi University:
As yet another reaction to the growing solidarity between teachers and students manifested in the huge turnout at the March to Parliament on 18 February, and the anger and resentment against the hasty and ill-thought out academic restructuring, the Vice-Chancellor is proposing amendments to Statute 11-F (4) and Ordinances XI and XII which will have far-reaching consequences for the University. Instead of addressing the serious problems facing the University since the introduction of the FYUP which has led to a severe academic decline in the quality of the courses and the teaching-learning process, the Vice-Chancellor has been consistently defaming teachers and resorting to punitive mechanisms against dissenting teachers. Simultaneously, he has tried to give himself over-arching powers and in the process has subverted the Act, Statutes and Ordinances and usurped their powers. The proposals to be taken up in the meeting of the Executive Council on 6 March 2014 must be opposed as they are draconian in nature and as they seek to a) centralize power in the hands of the individual occupying the chair of the Vice-Chancellor and b) make him eligible for reappointment both of which will result in the complete destruction of the ethos and character of Delhi University:
- The proposal to amend the Statute 11-F (4) that currently makes the Vice Chancellor ineligible for a second term is being done so as to make him eligible for the same. This amendment is against accepted wisdom and the Government’s stated position as reflected in the Central Universities Act of 2009 for all new Central Universities wherein Clause 2.4 categorically states: “The Vice Chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of seventy years, whichever is earlier, and he shall not be eligible for re-appointment.” Further, as per press reports, the government has been forced to cancel second terms for VCs of 12 Central Universities. Further, this amendment, if allowed to pass, will also create an exceptional situation in the University where the VC as Chairperson of the Executive Council will be instrumental in nominating the majority of the members of the Search Committee for the appointment of the next VC while himself seeking a second term. Such an obvious conflict of interest is unacceptable.
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The second amendment proposing appending the UGC Code of Professional Ethics to Ordinances XI and XII and enforcing it as an actionable Code of Conduct will have far-reaching consequences for the university. Whereas the Code of Professional Ethics is an encapsulation of the ideals of the teaching profession, many of its clauses are so subjective that if they are made actionable, they may be misused through biased interpretation. An example is the clause II (x) that states that “teachers should refrain from inciting students against other students, colleagues or administration” which may be used by the Vice-Chancellor to punish any democratic expression of disagreement or criticism of the administration. The additional amendment sought in the abovementioned Ordinances shifts the power to initiate disciplinary action against any teacher who is found guilty of misconduct according to any interpretation of this Code to the person of the Vice-Chancellor. This in effect will undermine the idea of a University as a space for democratic and fearless exchange of ideas and the growth of critical thinking and democratic ideals.On the other hand, many concrete and objective clauses of the Code are already a part of teachers’ service conditions which are actionable through the existing provisions in the Ordinances. The current form of the Ordinances clearly spells out the disciplinary actions against teachers who absent themselves from classes and other duties, indulge in private tuitions or hold parallel professional engagements. The need to introduce a separate Code of Conduct cannot be explained unless it is intended to victimize teachers who express any contrary or critical view about academic and administrative decisions. The move to vest all disciplinary authority with an individual office is also a usurpation of the powers of collective authority and undermines the federal character of the university.
The DUTA has represented to the Visitor of the University on this matter, seeking his intervention as in the past. The DUTA has impressed upon the Visitor that 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. The DUTA is of the view that a University cannot hope to develop critical thinking in students if teachers are denied the right to speak their mind freely and openly. The DUTA has also appealed to Members of Parliament and leaders of political parties seeking an intervention to defend Delhi University as an institution that has fostered critical, independent and creative thinking by facilitating free and fair exchange of ideas, dialogue and debate.
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