Letter to VC on Constitution of Governing Bodies of colleges maintained by the Government of Delhi

Prof. Dinesh Singh,
Vice-Chancellor,
University of Delhi

Sub: Constitution of Governing Bodies of colleges maintained by the Government of Delhi

Dear Prof. Singh,

We wish to draw your attention to the controversy in the media over the constitution of Governing Bodies.

The Indian Express in a report titled “AAP’s new front: Battle with DU over college bodies” published on 10 February 2014 quotes the Education Minister: “I had asked the DU Vice-Chancellor to send me his list of probable nominees for the selection committee. They wrote back, saying they have the required quorum to hold meetings. I already have a list of 250 names to nominate to governing bodies. These are qualified people whom we want for the job,’’

The Times of India had similarly had reported on 7 February 2014 that the Registrar of the University of Delhi had written to the Education Minister that “the appointment of teaching staff in colleges are made by the governing body of the colleges, including Delhi government colleges, on the recommendations of the selection committee… at all meetings of the governing body, one third of the  members shall form the quorum”.

This report also quoted  the Education Minister as follows “I am already receiving complaints that appointments of new assistant professors have started in the government-funded colleges even though the managing committees have not been set up. By pointing out that a quorum is made by one-third of the members, the university is obviously saying that the five members it is supposed to nominate are sufficient to take decisions. We have written to the colleges not to carry out the appointments and will be taking this matter up with the VC shortly,”

We are extremely concerned that the position expressed in the reported letter by the Registrar expresses a disregard for the statutory processes of the University and for rule-governed functioning in the University. We wish to point out that the clause 4(9) of the Delhi University Act provides the power to admit to its privilege colleges and that vide clause 28(h) of the Act the conditions for the admittance of a  college is to be laid out under the Statutes. The statutes can only be made, amended and repealed by the Executive Council as per clause 29.

Statute 30(1)(A)(ii) stipulates that the “organization, conditions of maintenance and management of such Colleges…. shall be prescribed by the Ordinances. Statute 30(1)(C)(i) lays down that “ Every such College  or Institution shall have a regularly constituted Governing Body, ….”

Not permitting or delaying the formation of regularly constituted Governing Bodies undermines the Act, Statutes and Ordinances of the University, the responsibility of ensuring observance of these have been assigned to you vide Statute 11-G. You are required to ensure that Governing Bodies are regularly constituted and for that purpose convene the meeting of the Executive Council which is the appropriate Authority.

More than the stated rules and procedures, the argument that not constituting the Governing Bodies in a regular manner by using the provision of minimum quorum lacks credibility and opens the doors to manipulations and foul play. The quorum requirement of a Selection Committee is less the number of members it is supposed to have. Should one than only inform those who are required for fulfilling the quorum? Moreover, the non-regular constitution of Governing Bodies means that the Chairperson of a Selection Committee could be a person other than someone who would be chosen as the Chairperson of a regularly constituted Governing Body. In the presented truncated Governing Bodies, the Chairpersons are University nominees. These facts undermine the credibility of the selection process. More so, when the composition of the Selection Committees decided by the University are at variance with the UGC and empower the Vice-Chancellor to choose all subject experts. Declining to participate in the regular constitution of the Governing Bodies when the Government of Delhi is showing a sense of urgency can justifiably construed as removing all checks and balances in the selection process.

We urge you therefore to send the list of names from which the Delhi Government can choose members for constituting the Governing Bodies.

With regards,
Yours sincerely,