E-Paper
Minority colleges ‘stripped’ of autonomy: Commission seeks CM’s intervention
The Jharkhand State Minorities Commission urged CM Hemant Soren to amend the new Universities Act, claiming it undermines minority-run educational institutions' rights.
The Jharkhand State Minorities Commission officially escalated a high-stakes legislative dispute to CM Hemant Soren. The Commission claims that the newly gazetted Jharkhand State Universities Act, 2026, has completely ignored and diluted the historical rights of minority-run education institutions within the state.
The primary dispute stems from a legislative vacuum created by the complete omission of historical safeguards. Previously, Section 57A of the 2000 Act that preserved institutional autonomy by empowering minority colleges to appoint, dismiss, or terminate teachers directly. Decisions required a careful balance of consensus between internal governing bodies and the Jharkhand Public Service Commission (JPSC). If a dispute arose, the vice-chancellor or chancellor held final regulatory oversight to handle disagreements safely.
However, according to the minority commission, the newly enacted 2026 Act completely drops these analogous protective provisions. The new centralised appointment structures established under Chapter XV effectively strip colleges of their independent administrative powers.
In a formal memorandum sent to the CM, Commission vice-chairman Pranesh Solomon stated that dropping these provisions renders the fundamental protections guaranteed under Article 30 of the Constitution of India entirely “illusory and nugatory.”
The Commission cited the landmark nine-judge Supreme Court ruling in Ahmedabad St. Xavier’s College Society vs. State of Gujarat (1974), which explicitly held that the right of minorities to administer choice-based institutions intrinsically includes choosing and appointing teachers without excessive government interference.
Furthermore, the Commission emphasised that the original statutory framework harmoniously balanced minority rights with principles of social justice by mandating the inclusion of SC, ST, and OBC academic members in the recruitment selection panels—a safeguard that had now been discarded.
The controversial Unified State University Act was officially published as Gazette No. 200 on 28 April 2026, following the Governor’s assent on 17 April 2026. Because the Jharkhand Assembly is not currently in session, Solomon has urgently requested CM Soren to introduce an immediate ordinance.
The Commission demands an emergency amendment to insert a provision identical in substance to the old Section 57A to restore administrative confidence and safeguard educational freedom in the state.
Contacted for comment, higher and technical education secretary Rahul Purwar said he would discuss the matter on Monday. “Busy in V-C conference. Will discuss on Monday,” Purwar said.
