ALTHOUGH THE Lucknow University (LU) is an autonomous body and the Government has no say in its day-to-day affairs, the Government has powers to intervene, set up an inspection or inquiry and issue directives (to the university authorities) which will be binding on the varsity under Section 8 of Chapter III—Inspection & Inquiry—of the UP State Universities’ Act, 1973.
The Government can institute an inquiry to probe any affair of a State university under Section 8(2) of the Act but it would have to inform the concerning university about its decision through the registrar of that particular university.
The varsity executive committee then, under the same Section, can appoint a ‘representative’ of the university for the inquiry ordered by the Government “provided no legal practitioner shall appear/act on behalf of the university” under Section 8(2) of the Act.
Section 8 (3) of the Act states the inquiry committee appointed by the Government would have the powers of the Code of Civil Procedures 0f 1908 and would be empowered for the judicial proceedings under Section 193 and 228 of the IPC.
The report of the committee submitted to the Government under Section 8 (4) of the Act would be forwarded by the Government to the Vice-Chancellor, who would, in turn, communicate the same to the executive council with the views of the State Government, advice or action taken by it thereon.
The university authorities would then submit a report to the Government, in stipulated period fixed by the Government under Section 8 (5) of the act, with details of action taken or proposed to be taken by the executive council.
The Government could issue ‘directions’ as it may think fit after considering an explanation, if any, and the same would be a binding on the university authorities to comply with under Section 8 (6). If the university authorities/executive council fails to take action within a ‘reasonable’ time-frame and ‘to the satisfaction of the Government’.“The university authorities shall be bound to comply with the directions,” states Section 8 (6) of the Act.
The Government will, under Section 8 (7) of the Act, will send a copy of the report to the Governor and will also continue informing him about all the communications and the Governor, without being prejudice to the provisions of Section 8 (6), enjoys the powers to supercede the executive council, if he (the Governor) is of the opinion that the executive council has failed to function or abused its powers.