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Chancellor’s article on 'PURPOSE AND QUALITY OF EDUCATION AND UNIVERSITY AUTONOMY'
PURPOSE AND QUALITY OF EDUCATION AND UNIVERSITY AUTONOMY

Education is a source of formation of human capital which plays a very important role in the social development and social change. In the history of social change, it seems that those who are most responsive to the change will survive and others will perish globalization and liberalization of economics all over the world has tempted nations to open up their markets. Trade in education services is largest one and growing strongly all over the world. Even though India’s Higher Education network is next only to the USA, only 6-7 percent of the eligible students (in the age group of 18-23) enroll for the higher education in India as compared to 34 percent in Singapore and 50 percent in the USA. But due to increased mobility across the borders, opening up of higher education opportunities for eligible students have fairly increased of late.

In fact, Indian higher education system has evolved the distinct and divergent streams monitored by an apex body (UGC), indirectly controlled by Ministry of Human Resource Development. However in view of increased demand of educational facilities and shortage of public participation in this field which has to some extent, resulted in classification of education at all levels. But the purpose of education remains by and large unchanged.

Purpose:The formulation of essential purpose of University education in Independent India can be traced back to the statement of Jawahar Lal Nehru, the first Prime Minister of India, who addressing the graduates of the Allahabad University in 1947 said:

A University stands for humanism, for tolerance, for reason, for the adventure of ideas and for the search of truth. It stands for the onward march of human race toward higher objectives. Universities are places of ideals and idealism. If the Universities discharge their duties adequately, then, it is well with the nation and the people.

The next step taken by the then Ministry of Education in 1947, in higher education was to appoint a Commission on University Education headed by Dr. S. Radhakrishnan. In its report the Commission stated:- Democracy depends for its very life on a high standard of general, vocational and professional education. Dissemination of learning, incessant search for new knowledge, unceasing effort to plumb the meaning of life, provision for professional education to satisfy the occupations needs of our society are the vital tasks of higher education. Again Kothari Commission (1966) reiterated in its report: “While the fundamental values to which the Universities owe their allegiances are largely unrelated to time and circumstances, their functions change from time to time. Their tasks are no longer confined to the two traditional functions of teaching and advancement of knowledge. They are assuming new functions and the older over are increasing in range, depth and complexity. The Commission set out the functions of the Universities in the modern world: to seek and cultivate new knowledge to engage vigorously and fearlessly in the pursuit of truth and to interpret old knowledge and beliefs in the light of new needs and discoveries; to provide right kind of leadership in all walks of life by helping the individuals develop their potential; to provide society with competent men and women trained in all professions who, as individuals, are inclined with a sense of social justice and to reduce social and cultural differences through diffusion of education to foster in the teachers and students, and through them in the society generally, the attitudes and values needed for developing the ‘good life’ in individuals and society, and lastly to bring the Universities closer to the community through extension of knowledge and its applications for problem solving. Thus the purpose of higher education in India has been fully explored by eminent academicians and statesmen from time to time. In the words of Swami Vivekanand: “We want that education by which character is formed, strength of mind is increased, the intellect is expanded and by which one can stand on one’s own feet. Education is the manifestation of the perfection already in man.

Thereafter also, educational policy and progress have been reviewed in the light of the goal of national development and priorities set from time to time. In the National Policy of Education, 1986 and updated in 1992, special efforts were made to assign specific responsibilities for organizing, implementing and financing the higher education as well. It was also stated that though education is in the concurrent list of the constitutions, the State Governments would play a very major role in the development of education. India also recognizes that the new global scenario poses unprecedented challenges for the higher education system. The University Grants Commission has appropriately recognized the challenges and has stated that a whole range of skills will be demanded from the Graduates and Post-Graduates of humanities, social sciences, natural sciences and commerce, as well as from the various professional disciplines such as agriculture, law, management, medicine or engineering. Responding to these emerging needs the UGC emphasized that, “The University has a crucial role to play in promoting social change. It must make an impact on the community if it is to retain its legitimacy and gain public support.” It seeks to do so by a new emphasis on community based programmes and work on social issues. Emphasis has to be laid on curricular change; interdisciplinary courses gradually replacing discipline oriented learning; greater emphasis on field learning experiences for students in graduate and post-graduate programmes; more career oriented courses and response to local needs for human resource in specific work-related opportunities. The need of the hour is this that the University is required to be seen not only as a seat of learning and new knowledge through its research and extension functions but also as a local point for the dissemination of information to the community through continuing education, extension education and through field outreach activities. The Universities will have to prove equal to the faith reposed in them by the UGC as the third dimension of education- i.e. to play its due role in directly impacting on the community for social development and change.

However, as Universities abandon their slumber and start gearing up to meet the new challenges by re-organizing their curriculum and programme at levels, the bureaucratic mind-set starts to impede their onward march for getting that education is not a discipline imposed from above on an apathetic if acquiescent nature. In most states of the country and at central level, higher education is fragmented and placed under the control of various government departments such as education, health, agriculture, commerce, industries and the like. Sometimes even a bifurcation between science and technology and general education takes place. The coordinating machinery is either non-existent or ineffective. This state of affairs mars through planning as well as effective implementation. Above all it leads to a failure to integrate higher education in national planning, resulting in unemployment of graduates and post-graduates, wasteful duplication of efforts and lack of adequate mobilization of scarce resources. Confusion of aims of regulatory bodies such as University Grants Commission, All India Council of Technical Education, National Council of Teachers’ Education, Medical Council of India, Bar Council of India, Pharmacy Council of India, Dental Council of India and so on persist result in the lack of clear-cut policies and choices and the necessary effort to resolve some important issues. This leads one to ask the basic question whether the Universities should have autonomous status as envisaged by the founding fathers of our constitution and advocated by Jawahar Lal Nehru, Dr. S. Radhakrishnan, Dr. D.S. Kothari and recently supported by Sam Pitroda or not.

What is Autonomy:-
Word ‘Autonomy’ is derived from the Greek words for “self” and “law or customary usage”, the word describes the practice of self-government that we consider herein under as the right and responsibility of Universities. The definition of autonomy that has become a classic, entails the freedom of a University to determine for itself on academic grounds only who should teach, what should be taught, how it should be taught and who should be admitted as students. Although this definition has later been found to be narrow, it still remains a useful guideline in demarcating the legitimate autonomy.

Why Autonomy:-
University Autonomy has been under attack in India, almost since Independence from various government agencies as well as the academic community itself, ironically. There are a number of academic who maintain that all powers, not merely financial but also the authority to frame syllabi, should be handed over to the University Grants Commission and they also suggest that government should take over all colleges and universities and run them as government departments. But it is for thoughtful people who love freedom to stand up and revolt against such sinister designs and authoritarian culture to disagree with such views. As such two schools of thought have emerged on the issue of University autonomy. One view holds that it is necessary to regulate Universities to maintain quality of education and to fulfill the purpose of education in the country. On the other hand, others argue that market forces are the best regulators to ensure quality of education. Rather control and regulation by Government through its bureaucracy leads to low and poor output in the form of human resource at all the levels of educational centres, because, they put forward the argument that the Government machinery is bureaucratic, works very slow and at times, put an avoidable hurdles where progressive policy is urgently required. For example, presently if someone wants to established and run teacher’s education courses, he has to first obtain NOC from State Government Education Department which would grant the same after verifying the infrastructure available with the applicant, then an application to NCTE, it would do the same verification and thereafter University concerned comes into the picture to verify substantially the same thing before granting the affiliation. In USA and many other developed countries, educational institutions are autonomous self regulated organizations, being accredited by non-governmental accreditation agencies and their University education is rated to be the best or much better than the University education where it is mostly in Government sector or regulated and controlled by Government or its various agencies.

Knowledge Commission appointed by Government of India and headed by none else but Mr. Sam Pitroda, who created revolution in telecom sector in the country, has recommended that the regulatory bodies such as UGC, AICTE, NCTE, MCI, BCI, NCI, DCI, PCI etc. should not perform any regulatory or controlling role rather should confine there activities to professional work. It has recommended that there should be one single central regulatory body for higher education. Presently these regulatory bodies have created many strong blows at the entry level of newcomers in the field of higher education. Many malpractices, arbitrariness and high handedness is also reported in their functioning. As a result thereof there is scarcity of educational facilities or the same are not evenly spread throughout the country.

Historical Roots of Autonomy in India:
As a concept, University autonomy in India was first clearly defined by an expert committee of the Inter-University Board, which was set up in 1924. The Committee comprised such eminent persons as Dr. C.P. Ramaswami Aiyer, Dr. A.L. Mudaliar, Dr. C.D. Deshmukh, Dr. K.L. Shrimali and Dr. B. Mullick. The Committee recognized three levels at which University autonomy has to function for the system to discharge its responsibilities efficiently:-

A) Autonomy within a University i.e. autonomy of the departments, colleges, teachers and students in relation to the University as a whole.
B) Autonomy of a University in relation to the University as a whole i.e. the autonomy of one University in relation to another, or in relation to the controlling body or inter-varsity Board.
C) Autonomy of the University system as a whole, including the UGC and the Inter-University Board in relation to agencies and influences emanating from outside that system.

The S. Radhakrishnan Commission and the Kothari Commission as well as subsequently appointed committees and commissions on Higher Education have also endorsed the views expressed by the Inter-University Board quoted above. For example the Kothari Commission unequivocally observed that “It is pity that men in places of power and responsibility are not more often aware of this.” It went on to add: “Only an autonomous institution, free from regimentation of ideas and pressures of party or power politics, can pursue truth fearlessly and build up, in its teachers and students, habits of independent thinking and a spirit of enquiry unfettered by the laminations and prejudices of the near and the immediate which is so essential for the development of a free society.” Furthermore it is stated: “The proper sphere of University autonomy lies principally in three fields: the selection of students, the appointment and promotion of teachers, and the determination of courses of study, methods of teaching and the selection of areas and problems of research. In recent years a number of Universities have been established and incorporated in Rajasthan. In the purpose of this exercise it is stated: to keep pace with the rapid development in all spheres of knowledge in the world and the country it is essential to create world level modern research and study facilities in the State to provide state of art educational facilities to the youth at their door-steps so that they can make out of them human resources compatible to liberalized economic and social order of the world. Further the object of the University has been started as to undertake research and studies in various disciplines and to achieve excellence and import and disseminate knowledge in the said disciplines.

The Scenario Today:
                           University Autonomy and quality of Education

A University established and /or incorporated by an Act of State Legislature or Parliament shall fall within the definition of 2(f) of the UGC Act 1956, and therefore, it shall be governed by the provisions of UGC Act which read and interpreted as a whole provide for full autonomy to a University in its functioning. Section 12 of the UGC Act provides for the unqualified authority to a University to affiliate a college according to its own rules/regulations. Section 22 of the UGC Act empowers a University to award the degrees notified under the section which include all disciplines of education i.e. Science, Technology, Humanities, Social Sciences and Medicines/ Pharmacy i.e. no educational degree is left out. No other authority is authorized to award a degree unless specially authorized under UGC Act. Only a University can call itself a University. Central Govt. and UGC are authorized to make rules and regulations to a very limited extent but consistent with the provisions of UGC Act. Section 26 of the UGC Act provides for the authority of UGC to make regulations applicable to Universities and under Section 25 the Central Government may, by notification in the Official Gazette, make rules to carry out the purpose of the Act as under:-
As regards section 25(I) of the UGC Act only subsections (f) & (g) are related with the Universities. They are:-

(f) the return and information which are to be furnished by Universities in respect of their financial position or standards of teaching and examination maintained therein;
(g) the inspection of Universities.
Under Section: - 26. - (1) The Commission [may, by notification in the Official Gazette, make regulations] consistent with this Act and the rules made there under pertaining to University has under sub-sections:-

(e) defining the qualifications that should ordinarily be required of any person to be appointed to the teaching staff of the University, having regard to the branch of education in which he is expected to give instruction;
(f) defining the minimum standards of instruction for the grant of any degree by any University;
(g) regulating the maintenance of standards and the co-ordination of work or facilities in Universities.
(2) No regulation shall be made under clause (a) or clause (b) or clause (c) or clause (d) 2[or clause (h) or clause (j) or clause (j)] of sub-section (1) except with the previous approval of the Central Government.
But it is important to note that the regulations even made by UGC on the above subjects are made binding only upon a University which is receiving any grant from the UGC and even grant receiving University can opt out of UGC regulations if it is prepared to forego the grant if any to be given by the UGC. It is therefore, most important to note that in letter as well as in spirit the UGC Act provides for full autonomy to a University in its functioning:

Supreme Court of India in the famous Bharthidasan University case has held that a University is governed by the UGC Act. The UGC Act being a special law enacted by Parliament to govern the functioning of Universities as defined in section 2(f) of the Act, makes a University self regulated autonomous statutory body having statutory regulations making power to regulate its functioning, which shall have overriding effect over any other law/regulation. Regulation made by a University shall even have over riding effect over any regulations made by UGC, if the University is not receiving any grant from UGC. It is important to note that section 12 empowers a University to grant affiliation to a college according to its own rules not according to any rules framed by UGC.A University can provide instructions, take examination and award all the degrees/educational qualification according to its own rules and regulations. So much so, rules and regulations made by Central Govt. and UGC under sections 25 and 26 are not mandatory in effect because even a grant receiving University can opt not to follow the same by foregoing to receive the grant if any being given to it. Supreme Court, in its famous Dr. T.M.A. Pai Foundation judgment, about University autonomy, has held as under:

“51.                 A University Education Commission was appointed on 4th November, 1948, having Dr. S. Radhakrishanan as its Chairman and nine other renowned educationists as its members. The terms of reference, inter alia, included matters relating to means and objects of university education and research in India and maintenance of higher standards of teaching and examination in universities and colleges under their control. In the report submitted by this Commission, in paras 29 and 31, it referred to autonomy in education which reads as follows:-

"University Autonomy. Freedom of individual development is the basis of democracy. Exclusive control of education by the State has been an important factor in facilitating the maintenance of totalitarian tyrannies. In such States institutions of higher learning controlled and managed by governmental agencies act like mercenaries, promote the political purposes of the State, make them acceptable to an increasing number of their populations and supply them with the weapons they need. We must resist, in the interests of our own democracy, the trend towards the governmental domination of the educational process. Higher education is, undoubtedly, an obligation of the State but State aid is not to be confused with State control over academic policies and practices. Intellectual progress demands the maintenance of the spirit of free inquiry. The pursuit and practice of truth regardless of consequences has been the ambition of universities. Their prayer is that of the dying Goethe: "More light." or that of Ajax in the mist "Light, though I perish in the light.

The respect in which the universities of Great Britain are held is due to the freedom from governmental interference which they enjoy constitutionally and actually. Our universities should be released from the control of politics. Liberal Education. All education is expected to be liberal. It should free us from the shackles of ignorance, prejudice and unfounded belief. If we are incapable of achieving the good life, it is due to faults in our inward being, to the darkness in us. The process of education is the slow conquering of this darkness. To lead us from darkness to light, to free us from every kind of domination except that of reason, is the aim of education." There cannot be a better exposition than what has been observed by these renowned educationists with regard to autonomy in education. The aforesaid passage clearly shows that the governmental domination of the educational process must be resisted. Another pithy observation of the Commission was that state aid was not to be confused with state control over academic policies and practices. From the above principle of law laid down about University autonomy by the highest court of the country and that also by a bench of eleven judges shall have a binding and overriding effect over all other laws and other judgments of all courts in the country. This judgment clears all doubts about a University having full autonomy in its functioning .Section 5 of the Amity University, Act (Act No. 5 of 2008), Singhania University Act ( Act No. 6 of 2008) and other University Acts of 2008 regarding powers and functions of the Universities, following the law of land as affirmed by Supreme Court of India, provide for full autonomy to all the Universities established this year in their functioning i.e. in the matter of admissions/teaching/examination and in other areas. Various provisions read as under:-

Section 5: Powers and functions of the University:-     The University shall have the following powers and functions, namely:-

(a) to provide the instructions in the disciplines specified in Schedule II and to make provisions for research and for the advancement and dissemination of knowledge;
(b) to grant, subject to such conditions as the University may determine, diplomas or certificates, and confer degrees or other academic distinctions on the basis of examination, evaluation or any other method of testing on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;
(c) to organize and to undertake extra-mural studies and extension service;
(d) to confer honorary degrees or other distinctions in the manner prescribed;
(e) to provide instruction, including correspondence and such other courses, as it may determine;
(f) to institute Professorships, Readerships, Lectureships and other teaching or academic posts required by the University and make appointment thereto;
(g) to create administrative, ministerial and other posts and to make appointment thereto;
(h) to appoint persons working in any other University or organization having specific knowledge permanently or for specified period;
(i) to co-operate, collaborate or associate with any other university or authority or institution in such manner and for such purpose, the University may determine;
(j) to establish study centers and maintain schools, institutions and such centers, specialized laboratories or other units for research and instructions as are in the opinion of the University, necessary for the furtherance of its object;
(k) to institute and award fellowships, scholarships, studentship, medals and prizes;
(l) to establish and maintain hostels for students of the University;
(n) to determine standards for admission into the University, which may include examination, evaluation or any other method of testing;
(o) to demand and receive payment of fees and other charges;
(p) to supervise the residences of the students of the University and to make arrangements for the promotion of their health and general welfare;
(q) to make special arrangements in respect of women students as the University may consider desirable;
(r) to regulate and enforce discipline among the employees and students of the University and take such disciplinary measures in this regard as may be deemed necessary by the University;
(s) to make arrangements for promoting the health and general welfare of the employees of the University;
(t) to receive donations and acquire, hold, manage and dispose of any movable and immovable property;
(u) to borrow money with the approval of the Sponsoring Body for the purposes of the University;
(v) to mortgage or hypothecate the property of the University with the approval of the Sponsoring Body;
(w) to establish examination centers;
(x) to ensure that the standard of degrees, diplomas, certificates and other academic distinctions are not lower than those laid down by AICTE, NCTE, UGC, MCI, PCI and other similar bodies established by or under any law for the time being in force for the regulation of education;
(y) to set up admission centre centre within or without the State, subject to the provisions of any other law for the time being in force; and
(z) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University.

29. The Statutes:- (1) Subject to the provisions of this Act, the Statutes of the University as may provide for all of any of the following matters, namely:-

a) Constitution, Powers & Functions of the Authorities of the University as may be constituted from time to time;
b) The terms and conditions of appointment of the Vice-Chancellor and Pro-Vice Chancellor, their powers and functions;
c) The manner and terms and conditions of appointment of the Registrar and Chief Finance and Accounts Officer and their powers and functions;
d) The manner in which and the period for which the Provost and Proctor shall be appointed and their powers and functions;
e) The manner in which the Dean of the Faculty shall be appointed and his powers and functions;
f) The manner and terms and conditions of appointment of other officers and teachers and their powers and functions;
g) The terms and conditions of service of employees of the University and their functions;
h) The procedure for arbitration in case of disputes between officers, teachers, employees and students;
i) The conferment of honorary degrees;
j) The provisions regarding exemption of students from payment of tuition fee and for awarding to them scholarships & fellowships;
k) Provisions regarding the policy of admissions including regulations of reservation of seats;
l) Provision regarding fees to be charged from students;
m) Provision regarding number of seats in different courses;
n) Creation of new authorities of the University;
o) Accounting policy and financial procedure;
p) Creation of new Faculties/Depar

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