High Court dismisses PILs difficult amendments to Varsities Act

By Express News Service

CUTTACK: The Orissa High Court on Monday dismissed three PILs difficult the validity of the Orissa Universities (Amendment) Act, 2020, which introduced all varsities within the State below one legislation.

The petitions alleged that the amendments to the Act notified on November 9, 2020 violated the laws of the University Grants Commission (UGC). The amendments encroached upon the autonomy of the schools as recruitment of instructing workers like professors, affiliate professors and assistant professors can be performed now by the Odisha Public Service Commission, the petitions alleged.

The petitions have been filed by professor of Utkal University Kunja Bihari Panda, retired professor of Jawaharlal Nehru University, Ajit Kumar Mohanty and Biswabasu Dash representing the All India Save Education Committee. 

While dismissing the petitions, a division bench of Chief Justice S Muralidhar and Justice AK Mohapatra mentioned the UGC Regulations, 2018 are usually not binding on the State authorities they usually can at finest be listing so far as the Odisha State universities are involved”.

The bench mentioned the competition of the State authorities that modification to the OU Act doesn’t dilute the minimal requirements set out within the UGC Regulations, 2018 for the appointment of a VC, deserves acceptance.  The change caused is that the variety of academicians within the committee has been decreased from three to 2 and the third is a retired bureaucrat. However, the choice of the committee has been mandated to be unanimous, the bench noticed.

It additional noticed, “This Court is accordingly inclined to accept the submission of the State government in the present case that while the UGC Regulation 2018 lays down the minimum qualifications for the teaching posts, the service conditions and the method/process of selection cannot be said to be covered thereunder.” 

HC dismisses PILs on OU Act

“The criticism that the Syndicate is now being completely dominated by the State Government is also not valid, since Section 6 (1) of the OUA Act, as amended, provides that all recommendations of such committee shall be unanimous”, the bench noticed.

The Court judgment assumes significance because the amendments to the OU Act had stirred an issue with opposition from completely different quarters, particularly educationists and the opposition events demanding full withdrawal of the brand new legislation.