Report।। Shozab Muneer
Aligarh. A controversy has raged over the use of emergency powers by the Vice Chancellor of Aligarh Muslim University (VC), which has assumed the status of being sacrosanct. The present controversy is over the use of emergency powers to appoint a Pro-Vice Chancellor on 10.03.2025 through OM number Admin/LD/468/NT.
In a reaction AMU Teachers Association (AMUTA ) criticised the manner of appointment of the PVC through an open letter on 11.03.2025, declaring the intention of “of the faithful” to safeguard the interest of the University. On the same day, all four Elected Members of the Executive Council (EC) representing teachers of the University objected through a joint letter to the use of emergency power to appoint PVC. The Members argue that the Statutes of the University only empower the VC to recommend to the EC a name for the appointment of PVC. The Members have demanded the withdrawal of the appointment and convene a special meeting. However, even after 15 days the VC has not convened a special meeting of the EC. A senior faculty in anonymity pointed out that there is no need to exercise emergency power since the Statutes provide that in case there is no PVC the senior most Dean shall be the acting VC, which shows that there can never be any emergency in the appointment of PVC. The emergency powers should not be so exercised is part of the Guidelines issued by F.No.30 35/2015-Desk(U) dated 24.09.2015.
A special meeting, under the Regulations, can be convened in five days. The University has been excusing itself on the pretext that the President of India, in her capacity as the Visitor of the University, has not appointed her three nominees. Whereas, under the Statutes the only condition for not holding a meeting of the EC if less than 15 members are present, and there is no condition that despite the presence of quorum a meeting cannot be held without Visitor Nominees. There are several instances where meetings of the EC have been held without the Nominees. The argument for not using emergency powers is further strengthened by the Regulations which require that a meeting of the EC be called on every last Saturday of the month, which restricts the exercise of emergency powers. The meeting of the EC not being held has become an excuse to ease the use of emergency powers.
Senior teachers of the University are of the opinion that Vice Chancellors have been using emergency powers even where no such need arises. The trend of overuse and misuse of emergency powers started during the tenure of Mr Syed Hamid as Vice Chancellor from 1979 to 1984. It helped to bypass and ignore the opinion of the EC expressed through a debate on the issues in a meeting. A recent example is the issue of the Office Memo (OM) no. Admin/ED/71/NT/AA dated 11.09.2024 extending the deputation of the Registrar to AMU for a period of one year. The OM mentions being issued under Statute 5(3) read with Chapter III of the Executive Ordinances of the University. The Statue 5(3) specifies the conditions of its use that is when the Registrar is incapable of performing his duties and not on deputation. The deputation of the Registrar is provided under sub-clause (f) of Chapter III of the Ordinances. It specifies that such mode of appointment will be in accordance with the rules of the Government of India and does not mention that it is the power of the Executive Council, which is then non est [not found] and emergency powers cannot be exercised on its behalf, since it is not its power in the first place.
The AMU Act like other Central Universities, including Jamia Millia Islamia, provides powers to the Vice Chancellor to act on the behalf of EC and other specified bodies of the University. Statute 2 clause 3 clearly specifies that the VC is, like other officers, a full time salaried officer of the University. Statute 3 defines the powers and duties of the VC. Its clauses 1 and 2 provide the functions of VC and clause 3 prescribes the power of the VC to convene meetings of specified statutory authorities of the University, the AMU Court, EC, AC and the Finance Committee and provides for no other powers to the VC. The only power the VC has is in case of emergency to exercise powers on behalf of the University authorities.
However, it appears that the University ignores Section 19(2) of the AMU Act altogether. The section that come just before Section 19(3) clearly reads that it is the duty of the VC to give effect to the decisions of the authorities of the University. However, the University has taken as usual the understanding that it is the VC who holds power. The power of the VC comes into effect when emergency powers are required to take immediate action under section 19(3) of the Act. The Section requires the matter be reported to the next meeting of the EC, which has the right to accept it or reject it, in case of the latter the matter is referred to the Visitor whose decision shall be final. The Section 19(3) is a standing delegation of power built into the law for use of powers of the bodies. Statute 44 clearly specifies that power can only be delegated to an officer under its respective control, in other words the VC is subjected to the respective control of the bodies of the University, which spells out the democratic structure of the University.
The Statue of Jamia Milia Islamia has the same structure as AMU, where a similar dispute arose when the VC using emergency powers appointed a PVC. A petition was filed in Delhi High Court challenging the appointment of the PVC and the Court, while rejecting the contention that that earlier too such manner of appointment was adopted by Jamia, decided to quash the appointment of PVC as not legal and clearly reads the Statutes that the EC has the sole authority and jurisdiction to appoint a PVC and therefore quashed the appointment of the PVC.
The MIC PRO was approached both telephonically and through WhatsApp message regarding the reason in the matter. However, no reply was received till the publication of this news.
