RAICHUR: In a hurry to beat the model code of conduct, the state government has appointed a special officer for the proposed Raichur University under an Act, that doesn’t exist. And the government is yet to get approval for the university, too!
On Monday — a day before election dates were announced — the higher education department issued a notification appointing Professor Muzaffar Assadi as special officer for the proposed university under Karnataka Universities Bill 2017 which is ‘conditioned’ to become an Act. Professor Assadi is a professor at political science department of Mysuru University. The bill was passed in the legislature and is pending before Governor Vajubhai Rudabhai Vala for his assent.
Law Minister T B Jayachandra confirmed to TNIE “the bill is pending before the Governor for his final nod for it to become an act.” He said the proposed university too has to get Governor’s assent. Going by his words, it is a double violation — one passing the notification through a non-existent act, and another appointing a person for the university that has not secured permission to be established from the
Governor. Jayachandra, asked about this appointment, said “It has come from Governor.”
Asked if the order was made based on a non-existent act to appoint a person from Siddaramaiah’s home district, he disconnected the call and did not respond to further attempts to reach him over phone.
The state government has appointed a special officer for the proposed Raichur University under an Act, that doesn’t exist. Former Law Minister and BJP leader Suresh Kumar said this act by the government is ‘ultra vires’. “This is gross violation of the Constitution that has a clear direction to the administration machinery to take assent for all the bills to become an act,” he observed.
The government has no powers to pass an order or notification under a non-existent act or a bill which is pending on the table of the Governor. He termed this order “legally untenable and holds no legal sanctity”.
Former Academic Council Member of Gulbarga University, Venkatesh Patel, also opined that this was gross violation of the norms prescribed under the Constitution. He suspected direct involvement of Chief Minister Siddaramaiah as a person from his home district Mysuru was being appointed for the post.
He further said the bill held no legal sanctity. “It is irony of the highest order, the government appointing a special officer for a proposed university under a non-existent law. This is an insult to the Constitution drafted by Dr BR Ambedkar. It also sharply reflects the mal governance,” he said.He added that the Chief Secretary should step in and withdraw the notification immediately.