FEDCUTA opposes attempts to curtail democratic rights of teachers through imposition of CCS Rules
The FEDCUTA, in an emergent meeting held on 11 October 2018, took serious note of the constant threats being posed to the freedom of expression and other democratic rights of teachers of Central Universities through attempts to bring them under the ambit of the Central Civil Services (Conduct) Rules, 1964 (CCS Conduct Rules). A recent letter sent by the UGC to all Central Universities in May reveals the insidious attempts of the Government to bring University teachers across the country under these rules, thus curtailing their democratic rights to participate in a host of activities that will redefine the role of teachers in society. While earlier IGNOU was an isolated instance where this was tried, in recent times the imposition of CCS Conduct Rules is being witnessed in several Central Universities. Several of the new Central Universities created by the Central Universities Act 2009 have adopted the CCS Conduct Rules. The Central University of Kerala recently invoked CCS Conduct Rules to suspend a faculty member for a Facebook post criticising the University Administration for getting a student arrested. Now, the net is being cast wider to include the older Central Universities – the most recent case being the imposition of CCS Conduct Rules in Jawaharlal Nehru University.
The FEDCUTA sees this attempt to impose CCS Conduct Rules as part of the agenda of the Central Government to increase its stranglehold over Central Universities and convert them into government departments. There is overwhelming evidence of this attempt – for instance the 3.03.2016 letter from the MHRD to Universities supposedly for “improving financial management and strict compliance of rules/procedures” or the more recent assault on the autonomy of Universities being made by forcing them to sign Tri-partite MoUs with the UGC and the MHRD. The imposition of CCS Rules is being done by referring to vaguely worded UGC instructions to adhere to government rules, even though the recently notified UGC Regulations have no provisions mandating the same. What is clear is that increased government control is being imposed at a time when teachers across the country have been protesting against the Government’s repeated attempts to shed its responsibility to fund Universities, thereby promoting greater privatization of Indian higher education. This new letter is part of the multi-pronged assault on public funded education through “reforms” that translate into commercialization and attacks on democratic functioning of universities.
The FEDCUTA is clear that Universities are autonomous bodies and University teachers are not part of the Executive as government servants are. Conduct rules framed by the Government for those who have to discharge the specific function of government servants cannot be applied by a University on its teachers. CCS Rules are not applicable to all Government servants – for instance the All India Services are governed by other rules. More importantly, through the CCS (Conduct) Rules, government servants (and their family members) are constrained in the exercise of some of the democratic rights guaranteed to all other citizens of the country by the Constitution.
Constraining the freedoms of teachers that are vital to them for performing their prime function, i.e. teaching and research, through such impositions, in combination with the attacks on their autonomy resulting from higher education becoming increasingly commercialized, represent grave threats to the future of our Universities and their ability to contribute to the nation’s progress. All attempts to impose CCS Conduct Rules on University and College teachers are therefore illegal and unconstitutional.
The FEDCUTA expresses its strong objection to the constant threats is committed to mobilizing the combined strength of all teachers of Central Universities to resist this assault on freedom and democracy and to retain the university campuses as spaces of free thought.
The FEDCUTA sees this attempt to impose CCS Conduct Rules as part of the agenda of the Central Government to increase its stranglehold over Central Universities and convert them into government departments. There is overwhelming evidence of this attempt – for instance the 3.03.2016 letter from the MHRD to Universities supposedly for “improving financial management and strict compliance of rules/procedures” or the more recent assault on the autonomy of Universities being made by forcing them to sign Tri-partite MoUs with the UGC and the MHRD. The imposition of CCS Rules is being done by referring to vaguely worded UGC instructions to adhere to government rules, even though the recently notified UGC Regulations have no provisions mandating the same. What is clear is that increased government control is being imposed at a time when teachers across the country have been protesting against the Government’s repeated attempts to shed its responsibility to fund Universities, thereby promoting greater privatization of Indian higher education. This new letter is part of the multi-pronged assault on public funded education through “reforms” that translate into commercialization and attacks on democratic functioning of universities.
The FEDCUTA is clear that Universities are autonomous bodies and University teachers are not part of the Executive as government servants are. Conduct rules framed by the Government for those who have to discharge the specific function of government servants cannot be applied by a University on its teachers. CCS Rules are not applicable to all Government servants – for instance the All India Services are governed by other rules. More importantly, through the CCS (Conduct) Rules, government servants (and their family members) are constrained in the exercise of some of the democratic rights guaranteed to all other citizens of the country by the Constitution.
Constraining the freedoms of teachers that are vital to them for performing their prime function, i.e. teaching and research, through such impositions, in combination with the attacks on their autonomy resulting from higher education becoming increasingly commercialized, represent grave threats to the future of our Universities and their ability to contribute to the nation’s progress. All attempts to impose CCS Conduct Rules on University and College teachers are therefore illegal and unconstitutional.
The FEDCUTA expresses its strong objection to the constant threats is committed to mobilizing the combined strength of all teachers of Central Universities to resist this assault on freedom and democracy and to retain the university campuses as spaces of free thought.
Rajib Ray Sonajharia Minz
(President FEDCUTA) (Secretary FEDCUTA)
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