By – Amar Yumnam
I recently saw a discussion with the theme as ‘Resign or Struggle’ in a television channel in Imphal; it was in connection with the Representative to the Lower House of the Indian Parliament from the Inner Constituency of Manipur. Immediately I noticed reflection of illiteracy in many areas. I. The meaning and implication of the word Resign was not understood as it does not by any interpretation arise now. II. It was evident that, though organising the discussion, the Channel had not read THE JAWAHARLAL NEHRU UNIVERSITY ACT, 1966. III. The Channel does not seem to be aware of the fact that a university is established through an Act passed by the Assembly/Parliament; no university is established by just an order from the Secretariat. Fourth, the concerned TV Channel does not possess the idea of what a university is about.
The second component of the theme is “Struggle” where too the illiteracy comes out very clearly. The issue of struggling comes up in a situation where the opposing forces are better placed and one has to try hard to save life. While the FIGHT is going on, where does the question of struggling arise?
As emphasised earlier, a university comes into existence through an Independent Act passed by the Parliament or the Assembly and not through an Order from the Secretariat. This is why Educated (I emphasise Educated) people talk of the Autonomy of the universities everywhere in the world; I am making this statement not as an illiterate but as one who has seen universities in Three Continents. Besides, the uniqueness calls for the reasons as to why so. A. Well, we have museums and visit there. This shows us the past. But can we interpret the past and digest the views? B. We talk about culture a lot which demands an understanding of the past, digesting the present and visualise the future. C. Social issues are a common theme in every society. This requires understanding the statics as well as the dynamics from the past to the present and foreseeing the emerging potentials. D. Economy is a key concern for every country. But understanding the contents, the strategies and the paths are to be put through serious application of mind. E. The significance of technology keeps on rising for moving forward any country. F. Justice with Morality are increasingly emphasised in the world today. G. While Politics was considered a single issue, the multidimensionality is now widely emphasised. Exploring these and many unimagined ones can happen only in a university.
In a society like Manipur’s where the Registrar (Head Clerk is a common term within campus) is considered to be superior to the Faculty, the illiteracy of the TV Channel is not surprising. Before I put something about the JNU Act, let me emphasise that, in any university, taking action against a Member of Faculty is most difficult. Leaving aside Dismissal, even Suspension is a very difficult. To avoid talking in vacuum, let me put certain things about the JNU ACT.THE JAWAHARLAL NEHRU UNIVERSITY ACT, 1966is Act Number 53 passed by the Parliament. Under this Act, there is NO SCOPE for the Vice Chancellor to act on her/his discretion.
As regards condition of service, Clause 2 of Article 29 writes: “(2) Any dispute arising out of a contract between the University and those mentioned in clause (1) shall, at the request of the teacher or officer or employee concerned, or at the instance of the University, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the officer or teacher concerned and an umpire appointed by the Visitor, and the decision of the Tribunal shall be final.” When it comes to Suspension, section 1 of Article 30 writes: “(1) Where there is an allegation of misconduct against a teacher, the Vice-Chancellor may, if he thinks fit, by order in writing, place the teacher under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made:
“Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher, revoke that order.”
When it comes to Dismissal, Clause 30 makes the impossibility of any discretion by the VC: “2) Notwithstanding anything contained in the terms of his contract of service or of his appointment, the Executive Council shall be entitled to remove a teacher on the ground of misconduct. (3) Save as aforesaid, the Executive Council shall not be entitled to remove a teacher except for good cause and after giving three months’ notice in writing or payment of three months’ salary in lieu of notice. (4) No teacher shall be removed under clause (2) or under clause (3) until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. (5) The removal of a teacher shall require a two-thirds majority of the members of the Executive Council present and voting.” Things are clear.
