E-Paper
Convert Panjab University into central university: High court to Centre
High court directs central government to take conscious decision on Panjab University’s conversion following a retired teacher’s plea for extension of service till 65 years
The Punjab and Haryana high court has directed the central government to consider conversion of Panjab University (PU) into a central university.
“The character of the university as inter-state body already stands extinguished…Punjab is having only the affiliating facility with consequential benefits, even that on financial contributions,” the bench of justice Rajbir Sehrawat observed, seeking response from Union ministries of home affairs and education after taking a “conscious decision” by August 30.
“Let the decision taken by the central government, at least in principle, be placed before the court on the next date of hearing,” it added.
The court was hearing a plea from a retired PU teacher, Sangeeta Bhalla, who superannuated at the age of 60 and sought extension of service till 65 years.
In 2016, a single-judge HC bench had dismissed PU teachers’ plea on the same demand. The decision was stayed by the division bench. Since then, those retiring from PU have to approach HC for extension of service.
Centre has previously maintained that PU’s status was that of an inter-state body corporate, in view of stake of Punjab government. Successive Punjab governments have been opposing change in its status, irrespective of the party in power in the state.
The court observed that the Centre in March notified that Central Service Rules will be applicable to Chandigarh employees, including teachers in institutions of higher education. However, this neither covered teachers of PU nor those serving at its affiliated colleges.
A pre-Independence university, created under the Panjab University Act, 1947, under the provision of Section 72 of Reorganisation Act, 1966, PU was declared as inter-state body corporate, having the participation of Punjab, Haryana and Himachal Pradesh. With this, the power to make laws relating to PU has been with Centre, it observed.
“Therefore, the state government of any one of the states did not have any right to participate, so far as making of the law regulating PU is concerned,” the bench observed, adding that Himachal and Haryana’s participation ended in 1973. Even the issue of affiliation of the colleges to PU is to be decided by the central government. Hence, as of today, PU stood exclusively controlled, regulated and governed by the Centre, it said.
“However, it is having such a primitive executive and administrative structure which, probably, no other university is having and which permits even outsiders to be deans of faculties, besides creating a constant slugfest of academic politics and electoral disputes. The same deserves to be rectified to ensure a congenial academic environment, which is a precondition for ensuring excellence in academics and research,” the bench remarked on often reported slugfest between vice-chancellors and senators.
The bench further observed that mere current dispensation of affiliation of colleges from Punjab did not stop the Centre from changing the legal status or character of PU, particularly, when it has already amended the Act to extinguish participation of two neighbouring states in the university’s administration.
