Kerala: Reforms commission’s proposal to facilitate govt control over varsities?

The commission, headed by legal expert N K Jayakumar, has proposed reintroducing of the earlier practice of nominating members of the Kerala State Higher Education Council to syndicates of varsities.
Image used for representational purpose.
Image used for representational purpose.

THIRUVANANTHAPURAM: A key recommendation of a commission appointed by the government to suggest reforms to university laws is likely to give more ammunition to the Opposition that has been alleging increased government interference in university affairs. The commission, headed by legal expert N K Jayakumar, has proposed reintroducing of the earlier practice of nominating members of the Kerala State Higher Education Council (KSHEC) to the powerful syndicates of various universities.

The KSHEC Rules, 2007, had laid down nominating a KSHEC member to the syndicate or executive committee of each university. It proposed that the member shall ensure “effective communication of the views of the council and coordinate the implementation of the programmes common to all universities.”
As KSHEC is purely an advisory body to the government in the higher education sector, this provision was later amended to nominate its members only to academic councils of universities so as to limit their role purely to academic affairs.

Now, the commission has suggested reinstatement of the original practice of nominating them to university syndicates. “Bringing back KSHEC members to the syndicates is aimed at further strengthening the government’s hold in the decision making process of the universities. It is nothing but interference in the autonomy of varsities,” opined R S Sasikumar, chairman of the Save University Campaign Committee, a whistleblowers collective in the higher education sector.

Meanwhile, another recommendation of the commission would help address a glaring anomaly relating to the establishment of the State Assessment and Accreditation Centre (SAAC), the state equivalent of the National Assessment and Accreditation Council. Though the body was set up to assess and accredit higher educational institutions in the state, its legal sanctity was under question as suitable provisions were not incorporated in the KSHEC Act, it is pointed out.

“The commission has recommended amending Section 4 and Section 17 of the KSHEC Act which will give legal validity to the centres like SAAC established by the council. The is an important step for getting it empanelled by the UGC as per the relevant provision of its regulations,” said R Jayaprakash, former executive council member of KSHEC.

The KSHEC had also established an apex body named the State Level Academic Committee to dispose of objections, disputes and complaints regarding the nomenclature of academic programmes and according approval or recognition or equivalence. However, it was established through an executive order and suitable provisions were not incorporated in the KSHEC Act.

“Only a specialised body like the Academic Council, formed on the basis of respective University Acts, has the power to take decisions on granting equivalency of degrees awarded by other universities in India and abroad. SLAC, which is constituted as per a GO, cannot over rule the law,” Jayaprakash added.
He welcomed the University Law Reforms Commission realising the impropriety of the executive order overruling the University Acts and recommending to amend the KSHEC Act to obtain legal sanctity for the decisions taken by the SLAC.

Key proposals

  • Bring KSHEC members back in varsity syndicates
  • Amend KSHEC Act to give legal validity to state assessment & accreditation centre
  • Address anomaly relating to creation of SLAC through GO

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