Governance of Higher Education in Bihar: Influence of Power Centers 9780367564346, 9780367763923, 9780367763893

Citation preview

GOVERNANCE OF HIGHER EDUCATION IN BIHAR

This book presents the state-specifc dimensions of the governance of higher education in Bihar, India, based on a real-case perspective. It discusses the policies of the center and state governments, and their implications for the state’s higher education system. It addresses the issues and challenges faced by the higher education sector from the point of view of multiple stakeholders at center, state, university and college levels, while examining infuential power centers. The volume focuses on select universities in the state and looks at how they manage policies, schemes and regulations. It deals with key themes such as the role of state and regulatory bodies such as the University Grants Commission; the balance of power; resource scarcity; the inadequacy of top-down governance models; governance failure; and the autonomy of universities. It explores the confict between the politics and economics of governance and effciency; the promotion and recruitment of senior offce-bearers and teachers; the privatization of colleges; and fnancing, admission and examination systems. Through an in-depth study using empirical unit-level data from the All-India Survey of Higher Education, examples and theoretical frameworks, the book analyzes the reasons for the underperformance of the governance system of higher education in Bihar. It also offers suggestions and policy recommendations to help improve its planning and management via participative and responsible governance and informed institutional leadership. This book will be of interest to students, teachers and researchers of education, higher education, economics, governance and public administration, and development studies. It will also be useful to educationists and experts, education administrators, policymakers, bureaucrats and the governing bodies of higher education institutions. Sudhanshu Bhushan is Professor and Head of the Department of Higher and Professional Education in the National Institute of Educational Planning and Administration (NIEPA), New Delhi, India. He specializes in the internationalization of higher education, policy issues in higher education and educational planning. His recent contributions include Restructuring

Higher Education in India (2009), Public Financing and Deregulated Fees in Indian Higher Education (2010) and Quality Assurance of Transnational Higher Education: Australia and India Experiences (2011). He is the co-editor of the book Teaching and Learning in Higher Education in India and Australia (2020) and editor of Future of Higher Education in India (2019). He conducts and guides research, and provides policy support to the Government of India. He is the recipient of the Amartya Sen Award 2012 for Distinguished Social Scientist, Indian Council of Social Science Research, New Delhi. He is the Managing Editor of the Indian Economic Journal.

GOVERNANCE OF HIGHER EDUCATION IN BIHAR Infuence of Power Centers

Sudhanshu Bhushan

First published 2021 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 52 Vanderbilt Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2021 Sudhanshu Bhushan The right of Sudhanshu Bhushan to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. Disclaimer: The views and opinions expressed in this book are solely those of the author and do not necessarily reflect those of the publisher. The analyses, data and figures based on research material are intended here to serve general educational and informational purposes and not obligatory upon any party. The author has made every effort to ensure that the information presented in the book was correct at the time of press, but the author and the publisher do not assume and hereby disclaim any liability with respect to the accuracy, completeness, reliability, suitability, selection and inclusion of the contents of this book and any implied warranties or guarantees. The author and publisher make no representations or warranties of any kind to any person, product or entity for any loss, including, but not limited to special, incidental or consequential damage, or disruption alleged to have been caused, directly or indirectly, by omissions or any other related cause. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record has been requested for this book ISBN: 978-0-367-56434-6 (hbk) ISBN: 978-0-367-76392-3 (pbk) ISBN: 978-0-367-76389-3 (ebk) Typeset in Sabon by Deanta Global Publishing Services, Chennai, India

CONTENTS

vi vii ix xi xvi

List of fgures List of tables List of abbreviations Preface Acknowledgments 1 Introduction

1

2 Apex Institutional Structure and Governance Bodies

16

3 University Governance

36

4 Governance at the College Level

74

5 Issues and Challenges for Teachers

112

6 Private Higher Education

149

7 Financing of Higher Education

164

8 Students’ Experiences

178

9 Governance Conundrum: Higher Education Scenario

200

10 Conclusion

214 227 237 239 244

Appendix I Appendix II Appendix III Index v

FIGURES

7.1 7.2 7.3 7.4 7.5 7.6

Expenditure on education as percentage of total budgetary expenditure: Bihar and all states comparison Education budget of Education Department to GSDP Percentage distribution of education expenditure: primary, secondary and higher Expenditure per student in higher education Percentage of real expenditure per student to per capita NSDP Percentage of higher education expenditure to NSDP

vi

165 166 167 168 168 169

TABLES

3.1 3.2 4.1 4.2 4.3 4.4 4.5 4.6 4.7 5.1 5.2 5.3 5.4 5.5 5.6 5.7 7.1 8.1 8.2 8.3

Summary of the Matters Raised by the Vice Chancellors and Registrars and the Court Orders Cases of Time Lag in Implementation of Universities’ Statutes/Ordinances Number of Colleges by Management Type University-Wise Number of Constituent and Private Affliated Colleges Student Enrolment-Wise Number of Colleges Student–Teacher Ratio in Colleges Land Owned by Colleges by Management Types Square Meters Per Student Construction in Colleges Status of Conduct of Examinations by Different Universities Number of Sanctioned and Non-Sanctioned Teaching and Non-Teaching Posts Qualifcation of College Teachers Government College Teachers’ Social Category-Wise Distribution (% in bracket) Private College Teachers’ Social Category-Wise Distribution (% in bracket) Qualifcation of University Teachers Social Composition of Teachers at Different Levels in the University Departments A Comparison of Promotion Policy: UGC and Bihar Annual Fees for Different Courses Discipline-Wise Percent Distribution of Enrolment in Higher Education in Bihar Level-Wise Percentage Distribution of Enrolment Subject-Wise Percentage of Enrolment vii

61 68 77 78 79 80 81 82 105 114 115 116 116 117 118 137 173 179 180 180

TABLES

8.4 8.5 8.6 I.1 I.2 I.3 I.4 II.1 II.2 II.3 II.4 III.1 III.2 III.3 III.4 III.5 III.6 III.7 III.8 III.9

Social Group Enrolment Subject-Wise: Postgraduate (Percent) Social Group Enrolment Subject-Wise: Undergraduate (Percent) List of Colleges and PG Departments of University Visited During Field Study Large Constituent Colleges Large Private Affliated Colleges Required Number of Teachers in Constituent Colleges where Student–Teacher Ratio is More Than 50:1 Required Number of Teachers in Private Affliated Colleges where Student–Teacher Ratio is More Than 50:1 University Teachers’ Gender-Wise Distribution in Social Categories Government College Teachers’ Gender-Wise Distribution in Social Categories Government College Teachers’ Gender-Wise Distribution in Social Categories (In Percent) Gender Composition of University Teachers Expenditure on Education as a Percentage of Total Expenditure Percentage of Education Budget of Education Department to GSDP: Comparison between Bihar and All India Expenditure on Primary, Secondary and Higher Education in Relation to Total Expenditure Distribution of Expenditure on Higher Education Distribution of Plan and Non-Plan Expenditure on University/Dl/Scholarship Real and Current Budgeted Expenditure Per Student on Higher Education, MHRD Calculation Behind Real and Current Budgeted Expenditure Per Student on Higher Education, MHRD Percentage of Real Expenditure Per Student to Per Capita NSDP Percentage of Higher Education Expenditure to NSDP

viii

181 181 182 227 228 229 234 237 237 238 238 239 239 240 240 241 241 242 242 243

ABBREVIATIONS

AICTE AISHE AKU API B ED. BASU BET BPSC BSUSC CWJC CBCS CCDC CDC CEC CIMP CNLU CPE DBT EBC FIR GEC GEM GSDP HECI ICAR IDP IIMS IITS IT LPA LSW

All Indian Council of Technical Education All India Survey on Higher Education Aryabhatta Knowledge University Assessment Performance Indicator Bachelor of Education Bihar Animal Sciences University Bihar Eligibility Test Bihar Public Service Commission Bihar State University Service Commission Civil Writ Jurisdiction Case Choice Based Credit System Coordinator College Development Council College Development Council Consortium for Educational Communication Chandragupta Institute of Management Patna Chanakya National Law University  Colleges with Potential for Excellence Direct Beneft Transfer Economically Backward Classes  First Information Report General Education Council Government E-Market place Gross State Domestic Product Higher Education Commission of India Indian Council of Agriculture Research Institutional Development Plan Indian Institutes of Management Indian Institutes of Technology Information and Technology Letters Patent Appeal Labor and Social Welfare

ix

ABBREVIATIONS

MCI MHRD MLA MOOC MP NAAC NAC NBA NCTE NEP NET NHERA NIRF NKC NSDP OBC PG PIL PSSBS RTGS/NEFT RUSA SC SHEC SQAC SSC ST TIF UEE UGC USC VC

Medical Council of India Ministry of Human Resource Development Member of Legislative Assembly Massive Open Online Course Member of Parliament National Assessment and Accreditation Council National Accreditation Council National Board of Accreditation National Council of Teacher Education National Education Policy National Eligibility Test National Higher Education Regulatory Authority National Institutional Ranking Framework National Knowledge Commission Net State Domestic Product Other Backward Classes Postgraduate Public Interest Litigation Professional Standard Setting Bodies Real Time Gross Settlement / National Electronic Funds Transfer Rashtriya Uchchatar Shiksha Abhiyan Scheduled Caste State Higher Education Council State Quality Assurance Cell Staff Selection Commission Scheduled Tribe Teacher Information Form Universalization of Elementary Education University Grants Commission University Service Commission Vice Chancellor

x

PREFACE

At the national level, there have been important commissions and committees on different aspects of governance. The Report of the UGC Committee towards New Educational Management (1990), popularly known as the Gnanam Committee, and the Report of CABE Committee on UGC Committee on Gnanam Committee (1992)1 constituted by UGC are noteworthy among them because of the depth in which issues of governance have been discussed. The Gnanam Committee Report in its summary recommendations notes that ‘the main emphasis has been to provide a sound scientifc framework for Governance of Universities which will make them effcient result oriented and averse to politicians’ (Gnanam, 1990, p. xiii). Thus, the report in its ideal tone notes four basic principles of governance in a letter of submission to Prof. Yash Pal, the then Chairman of the University Grants Commission: participation, decentralization, autonomy and accountability. However, an important point to note is that the governance of universities varies at the level of practice from highly desired ideal and scientifc model as suggested by the Committee. At the level of practice, the governance of higher education suffers as a result of social, political and economic circumstances. It is important to understand the governance of higher education from a realist perspective. A study on the governance of higher education in Bihar is an attempt in this direction. The Indian higher education system consists of 46 central universities, 367 state universities, 263 state private universities, 123 deemed universities, 101 institutions of National Importance and 3 institutes under the state legislative act. This makes up a comprehensive list of 903 universities or university-like institutions all over India as per the Higher Education All India and State Profle 2017–18.1 Although the central government is responsible for funding all central universities, the central government has also been supporting state universities under plan funding. Moreover, the University Grants Commission’s main mandate is to maintain the standards

1

Available at https://www.ugc.ac.in/pdfnews/eUGC_HE%20AIS%20Profle%20.pdf

xi

PREFACE

of education at the universities. By virtue of higher education in the state list since the beginning of the promulgation of the Constitution of India and in the concurrent list since 1976, state universities in different states have varying development trajectories, notwithstanding the uniform maintenance of standards under the directives of the University Grants Commission. As a result, different state governments have infuenced the development of higher education in respective states in varying ways, determined by statespecifc policies. Hence, a documentation of state-specifc policies will provide a comparative perspective on the governance of higher education. There are many new challenges in educational governance. State-specifc responses to the challenges vary. The expansion of higher education leading to growth in the number of institutions and in student enrolment has been phenomenal over the last two decades. The resources to meet the needs of expansion have fallen short of requirements. Hence, governance in a scarce resource situation itself throws up challenges. A shortage of teachers and infrastructure is one such challenge. Given the challenge, the various state-wise responses need to be understood. There are various other new developments. For example, the entry of new providers, particularly private providers, have thrown up new challenges with respect to admission, fees, affliation and maintenance of quality. How governance has responded to the phenomenon of privatization is important to understand in every state. Technology has had a big effect on various aspects of governance through online admission, technology-enabled learning, the use of technology to measure attendance, such as biometric measurement; matters of general administration; and so on. The educational governance of higher education institutions in the state consists of the governance of universities, being guided by the respective acts, statues and ordinances. All colleges are affliated by the universities, and academic governance is controlled by the university, whereas fnance and administrative aspects are controlled by the state governments as well as universities. All universities are also governed under the offce of the Chancellor, which has important role under the acts and statutes of the universities. There are three aspects of the governance of universities and colleges – academic, administrative and fnancing. Higher education is also, in some states, effectively under the supervision of higher education councils in those states. With respect to technical and professional education, many states have established state universities which control specifc technical/professional colleges. Different universities have constituent colleges and constituent postgraduate departments where teaching and research are imparted through three programs – postgraduate, Masters of Philosophy and Doctoral studies. Moreover, there are other affliated colleges under private management, which the university needs to co-ordinate and supervise. Universities and colleges are also accredited by NAAC and in recent years have institutionalized the management of quality through Quality xii

PREFACE

Assurance Cells. Some universities have also Academic Staff Colleges for the professional development of teachers. Universities are typically run by various committees, councils and bodies. A typical state university may have 50–100 affliated colleges. However, the size of universities in terms of the number of colleges, teachers and students varies across universities, and there is hardly any decentralized governance for a large affliating university. The system of governance has hardly undergone any change, except for some innovation in IT practices, admission, examinations, etc. Teaching and learning processes are largely old fashioned. On many issues, decisions are centralized at state government level or at the university level, leaving little autonomy for colleges. For example, the curriculum is one area where colleges have almost no control for the simple reason that at university level, examinations are centralized. There are no doubt advantages to centralization in managing a large system, but they are not without a certain trade off in terms of autonomy. Undergraduate colleges affliated to state universities have a complex and diverse reality. Their importance is realized by the planners and policy makers in India because of its large number. There are 39,931 colleges and 10,725 stand-alone institutions listed on the AISHE portal as per the AISHE report for 2018–19. Total enrolment in higher education has been estimated to be 37.3 million, with a gross enrolment ratio of 26.3%. About 80% of students are enrolled in undergraduate level programs. The UGC, in its attempt to maintain standards, instructs these colleges through the universities with various guidelines and statutory binding regulations. UGC’s regulation has, however, been also accompanied by funding support to the UGC recognized colleges under 2f and 12B, which have slowly but steadily consolidated the strength of the colleges, notwithstanding the fact that problems remain. There has been concern in terms of the size of affliating state universities in terms of managing the large number of colleges, and the UGC and the Government of India have been directing state governments to reduce the number of colleges per university. As a result, the number of universities has increased but not necessarily the effciency in managing the universities because of the resource constraints that new universities have been facing. Whatever efforts were made by the central government and the regulatory councils to govern and maintain standards in quality, it is argued, have not succeeded in developing a vibrant system of undergraduate education in India, barring of course few islands of colleges of excellence. Undergraduate colleges maintained and managed under different state governments have a complex relationship with the universities and the state governments, on the one hand, and with the regulatory bodies and central government, on the other. In recent years, there has been the intensifcation of academic reform programs imposed upon undergraduate colleges without an understanding of the lived situation in which the colleges exist. There is a growing fear that xiii

PREFACE

the large undergraduate colleges will not only fail to implement academic reform programs but will also distort the existing structure by overburdening teachers. The half-baked reforms introduced from the top have to take into account the lived reality of the colleges. The governance of higher education varies across all states on various dimensions. It varies in terms of universities’ relations with the state governments and the offce of the Chancellor. The acts, statues and ordinances guiding the functioning of the universities also vary. The intensity of privatization of higher education varies. The social composition of students and intensity of the shortage of teachers also vary. State government policies and programs vary across states. The autonomy and accreditation status of colleges and universities vary. There is, however, no systematic documentation of states’ governance of higher education. As a result, even with respect to basic information about the governance of higher education, information has to be collected as and when the need arises. It has been diffcult to conceptualize many of the policy and planning exercises due to the nonavailability of basic information. The compilation of information will also facilitate researchers to plan their research with appropriate information. The objective of this study is to understand the state-specifc reality on the governance of higher education. Hence, the study is descriptive and attempts to capture state-level institutions of governance in the frst instance. The study also captures the governance of universities in the state. The idea is not to go in-depth in understanding each university’s governance but to broadly document the management of the university system in relation to the policies, schemes and regulation of central government, state government and the UGC. The focus is to understand governance in terms of acts, statutes, ordinances and regulations of the university which embodies government policies and UGC regulation. The salient features of internal governance are also highlighted. The governance of higher education at the college level includes issues with respect to the appointment of Principals, affliation and governing bodies. Governance also includes teachers’ recruitment and promotion and their functions in the system of governance. Financing and privatization may also be looked at in terms of the challenges that they pose. The governance of higher education in Bihar is quite interesting to understand. We will notice in this book that governance is currently centralized through monitoring at the level of the Chancellor’s offce and partly by the state government through budgetary control due to the failure of governance at the university level. Universities and colleges are embedded in the social and political structure. Hence, governance at the micro level is infuenced by the lived reality of the past and the present. For example, the reader will get an understanding of the process of the takeover of private affliated colleges and their conversion to constituent colleges in the early 1980s. The reader will notice how the promotion of teachers in the 1980s and 1990s led to xiv

PREFACE

hysteria over promotion and its subsequent control by the state government. The damage done through populist measures has not only affected quality adversely but has also disrupted the growth process. The failure of governance has discredited the public character of universities. The government has become suspicious of the internal governance of universities and has been centralizing decision-making. Regulations and guidelines have been issued for biometric attendance of teachers and non-teaching employees, verifcation of salaries and payment of salaries through the treasury, the accreditation of institutions, etc. The list is endless. Accountability measures are becoming strict. In the whole process, what is lost? Perhaps the idea of a university as being to create and disseminate knowledge, the purpose of university to guide the state as to what is right and wrong for the good of the public; and the objective of the university to preserve enlightenment and the use of reason – everything is lost. What is the way out? This study on the governance of higher education in Bihar will throw more light on the future directions for higher education. This is my hope.

xv

ACKNOWLEDGMENTS

Over the years, to strengthen the higher education system in the country, it has become imperative to understand variance at the level of practice in the governance of the higher education system at the state level. For this purpose, a research project on the governance of higher education in Bihar was set up. This work would not have been possible without the fnancial support of the National Institute of Educational Planning and Administration (NIEPA), India. I am thankful to Prof. N.V. Varghese, Vice Chancellor of NIEPA, who has always been supportive. I extend my thanks to the faculty of NIEPA and the entire administration for their support and guidance. The feld visits were crucial for the successful completion of the research work. I am extremely thankful to the faculties, administrative staff, college principals and Vice Chancellors of various universities in Bihar for providing their insightful thoughts. My sincere thanks go to Prof. Rash Bihari Pd. Singh, the Vice Chancellor, Patna University, India, and Prof. Daisy Narain, faculty of the History Department of Patna University, for organizing the workshop at Patna University at short notice and for providing a platform for stimulating discussions. I would also like to extend my thanks to Prof. C.B..P Sinha of Bhagalpur University and Prof. N.N. Mishra of L.S. College, Muzaffarpur, for facilitating feld visits. I am thankful to the Principals of R.D.S. College Muzaffarpur, B.L.S. College, Naugachia, B.N. College, Patna, G.B. College, B.L.S. Commerce College, S.M. College and M.M. College of Bhagalpur University. I am grateful to Prof. N.K. Choudhary, Patna University, for his deep understanding of critical issues in the governance of higher education in Bihar. He has helped me immensely in the completion of my work. Without the passionate participation and inputs of various people, this research work could not have been successfully completed.

xvi

ACKNOWLEDGMENTS

I thank Dr Purva Jain, Project Consultant, for her contribution to project writing and assistance in the collection of primary and secondary data and research work. Mr. Pawan supported the manuscript in its fnal stages. I am thankful to him. I hope education policymakers and researchers will fnd this work helpful.

xvii

1 INTRODUCTION

The issue of the governance of higher education has been a matter of critical scrutiny by many academics. The fundamental point is whether university governance has been able to preserve the idea of a university, namely, the academic freedom for the pursuit of knowledge. More specifcally, the point is whether governance has been achieved through the community of scholars who alone are thought to be responsible for and capable of running the affairs of university, namely, teaching and research (Corson, 1960). Within the framework of public funding, the question is whether the state and university have built trust so as to allow universities to function autonomously with the required funding support from the government. The issue of governance also acquires importance in view of the expansion that the university system has undergone. As the university system expands in response to demand, there is a need for growth of the faculty and infrastructure, and governance has to respond to meet these needs. Pankaj Chandra (2017) has noted eight features of governance in an academic institution. They are being true to the charter of a university, creating an environment for excellence in teaching and learning, building a shared vision, involving the stakeholders, securing autonomy, enforcing accountability, navigating through organizational management and managing long and short-run fnances. At the level of practice, governance faces challenges on perhaps all these accounts. The challenges of governance have to be understood in terms of rapidly changing social fabric and political contexts. The governance system in higher education in India varies greatly from a large affliating university where issues of affliation, examination, admission, recruitment, promotion etc. are important and sap the energy of central administration through complex policies, rules and processes. Governance in centrally funded universities is centralized, and rules determine the mode of governance. However, the norms set by faculty also infuence the practice. In institutions such as Indian Institutes of Technology (IITs) or Indian Institutes of Management (IIMs), there is more faculty-led governance. It is the governance in state funded universities which pose more challenges in

1

INTRODUCTION

terms of sheer size. Here the question of roles and responsibilities are more muddled (Chandra, 2017). Even within each category of institution, governance may vary. This certainly calls into question how to capture the great variance in the governance of universities and colleges in a state and across the states. Referring to the complexity of academic governance, the system of higher education in India has been subject to fulflling the constitutional responsibility of the maintenance of standards. As a result, the central government established different commissions and councils, namely, the University Grants Commission (UGC), the All Indian Council of Technical Education (AICTE), the Medical Council of India (MCI), etc. These commissions and councils have begun to regulate and sometimes they have been in confict with others. There have been charges of over-regulation by the National Knowledge Commission (Government of India, 2007). It noted that ‘The system, as a whole, is over-regulated but under-governed’ (Government of India, 2007: 62). There has been further argument that ‘the rules and regulations that the UGC wishes to impose on our universities do not recognize ground realities.‘ UGC has been viewed as ‘an ineffectual body that implements government policy with a mind-numbing adherence to bureaucratic rules and norms‘ (Government of India, 2007). The UGC has been severely criticized for creating ineffciencies in the universities (Deshpande, 2000; Singh, 2004; Kapur and Mehta, 2007; Kapur, Mehta and Vaishnav 2018; Hatekar, 2009; Chandra, 2017). It is, therefore, said that governance from this point of view has not been able to preserve the idea of a university. As the UGC was being accused of over-regulation, there emerged a new discourse on autonomy. In fact, a new autonomy has become a new pillar of education reform. Dr Anil Kakodkar of the Committee on Indian Institutes of Technology, 2011, suggested that innovation is necessary to support knowledge led economic development and this requires a roadmap for autonomy. It was argued that institutional autonomy would result in IITs becoming world-class institutions. The N R Narayan Murthy Committee, (Planning Commission, 2012), went on to suggest the corporatization of research. Autonomous institutions would have a much greater degree of freedom to collaborate and partner with universities in India and abroad. The very concept of a liberal education system is based on public funding. However, the new discourse on autonomy defes state funding. Universities’ autonomy is being favored through self-fnancing programs in a graded autonomy regulation in 2018 approved by the UGC and the idea of achieving high ranking. The President of India, Pranab Mukherjee, as the Visitor of centrally funded institutions and universities, has been emphasizing the need for Indian universities to be placed in the global ranking (Kumar et al., 2016, p. 105–30). Thus, there has been a new wave of autonomy in favor of the corporatization of the university system in India. 2

INTRODUCTION

Of late, the role of the UGC as regulator has been questioned in the governance of higher education in India. The National Knowledge Commission (NKC), 2007, was critical of the UGC for over-regulating the university and suggested the creation of the Independent Regulatory Authority for Higher Education. The idea behind it was to encourage public and private-sector participation by removing the barriers to entry (Government of India, 2007, ibid. p. 43). The Report of the Committee to Advise on the Renovation and Rejuvenation of Higher Education, 2011, popularly known as the Yashpal Committee Report, was also severely critical of the UGC for obstructing the realization of the idea of a university to be run autonomously by a community of scholars. The idea of creating a Higher Education Commission in place of the UGC and AICTE was put forward for a different set of arguments than those used by the National Knowledge Commission. Whereas the NKC favored the move toward removing the barriers to entry in the expansion of institutions of higher education, the Yashpal Committee Report found it necessary to realize the autonomy of the university. It is important to note that autonomy has been further exploited to support the idea of a new Higher Education Council of India (HECI) Bill, 2018, which also sought to abolish the UGC. In the case of a proposed bill, autonomy was further confused with the centralizing tendency, which would have enormous power to monitor the university, and the freedom given to the academia would be subject to being accountable through performance appraisal (Bhushan, 2018). Ambiguity and ambivalence in the meaning of autonomy is at the root of the confusion about what governance is meant to achieve. Does governance mean the self-regulation of the university under state support, or does it mean allowing market rule to prevail under the laissez-faire principle with minimum state support? In practice, governance is said to be fexible and free from rigid rules and regulations. Flexibility in governance is said to be desirable because it is argued that future of the Indian university system has challenges that cannot be addressed with rigid governance. The challenge of Indian universities is to achieve quality and excellence to match high-ranking universities around the world. This means there should be high-quality research. This requires outstanding faculty and strategies to attract and retain talent. This also means that universities should be accountable and performance oriented. Students can be attracted only when the curriculum is upgraded and interdisciplinarity is inculcated in the pedagogy of teaching and research. Highquality classrooms and technology-enabled pedagogy is required. Education needs to be oriented to a large number of students from many countries all over the world. This also requires a very high degree of partnership and collaboration with universities around the world. Such an ecosystem suitable for the global university cannot be achieved, it is argued, with rigid rules and regulations. The role of the government needs introspection. ‘They ought to become facilitators and ensure autonomy and independence of the Universities‘ (Kumar, 2017). A high degree of fexibility in the governance 3

INTRODUCTION

of higher education is required (Agrawal, 2009). How can that fexibility be achieved? This is possible through the breaking of the dichotomy between public and private institutions. This is possible through entrepreneurship in the governance of universities. This is possible through a stronger private initiative in the feld of higher education. Agrawal argues that ‘Innovative solutions need to be found in addressing the challenges of higher education‘ (Agrawal, 2009, p. 20). Hence governance has to face new idioms in reimagining the Indian university, perhaps suited for the future. The issue of the quality of institutional leadership assumes importance in the governance of higher education. Quality of leadership is important particularly in a context where the power of the Vice Chancellor is centralized in many universities. It is argued that if the integrity of the Vice Chancellor as the Chief Executive of the university is not maintained, then the autonomy of university, a crucial objective of governance, can hardly be ensured (Bhushan S. 2016). Ram is convinced that ‘The biggest threat to the academic freedom of an institution comes from the appointment of leaders who, by dint of inexperience, are typically overly compliant with norms imposed from the outside, while being susceptible to pressures of an unfamiliar kind‘ (Ram, 2018, p. 91). Pankaj Chandra notes that ‘MHRD and state governments both have subverted the university by interfering with the choice of leadership.‘ It may be noted that democratic bodies in the functioning of the university do exist. However, Pankaj Chandra argues that ‘the system is not immune to political infuence‘ (Chandra, 2018, p. 91). Therefore, an important challenge in the governance of higher education is to ensure the quality of institutional leadership and that the functioning of democratic bodies is immune to political infuence. What is most important is that decision making in the governance of higher education should be decentralized. Decision-making powers should be decentralized at the level of departments and colleges. It implies that the syllabus should be framed at the level of the individual teacher. The hiring of faculty should be done at the level of the department/college. Funding should be available at the level of the department/college. This is what will ensure freedom. Indian universities, however, suffer from too much centralization. The argument is made that for a large system, decentralization may lead to disaster. However, centralization leads to hierarchies. Pankaj Chandra maintains that ‘So rigid is the hierarchy of colleges and the University that academics primarily see themselves simply as executors of decisions‘ (Pankaj Chandra, 2018, pp. 132–33). The operational aspects of governance of the university system are also about the operational capabilities of personnel engaged in administration at all levels. The ability to work depends upon the level of knowledge, skill, training, promotion, wages and motivation. If administrative personnel are in short supply, governance will be adversely affected. If employees are hired on short-term contracts and at low wages, the quality of administration 4

INTRODUCTION

suffers. Besides, the administration must have the support of IT equipment to improve productivity. In the event of a shortage, if faculty is recruited on a short-term basis, s/he will have to undertake both academic and administrative work. The faculty feels overburdened due to enormous administrative compliance from a number of agencies and this puts pressure on fulflling academic responsibilities. Confict management is also an important task of governance. Indian universities face conficts between teachers, staff and students. Confict is inevitable when teachers, staff and students have to compete for the allocation of resources. If the salaries are not paid in time; if recruitment and promotions are delayed; or if infrastructure such as drinking-water facilities, common rooms for students, canteen facilities, libraries and sports grounds are not available, students, staff and teachers will make demands upon administrators. If the administrators are not quick enough in addressing those problems, the result will be protests and strikes, which spoil the academic culture of an organization. Confict often arises because of the high tuition fees the students are charged. Confict in a scarce resource situation is quite common. How to manage these conficts and allow the university to function peacefully is also an important challenge of governance. The higher education system in India is grappling with high costs on account of high wages, capital costs and maintenance. Fees are relatively low in many state-funded institutions. Colleges are overcrowded. Hence, there is mounting pressure on the state government to fnance higher education institutions. In the event of a shortage of funds, publicly funded institutions are running self-fnancing courses. There are many private providers who manage on the basis of internal generation of resources and are tempted to cut costs in the areas of salaries and other expenditure. They compromise on the quality of teaching and research. As a result, they may adopt dubious means to run the institutions. The mushrooming of many such private B. Ed. colleges has created problems of governance for many state universities. The new managerialism has been the hallmark of education reform. In the new scenario, governance has been guided by the canons of effciency. There has been surveillance and monitoring in order to ensure the accountability of faculty members. This has led to much of the faculty’s time being devoted to flling out forms and complying with the guidelines. The idea of a university is lost with so much burdening of academic faculty with administration. A teacher is no longer a teacher but a manager. The new managerialism is not free from the politics of power. The surveillance mechanism also controls the power of the academic faculty in the name of accountability and performance. For example, the National Institutional Ranking Framework (NIRF) becomes a tool of control as ranking becomes an indicator of performance. The National Assessment and Accreditation Framework also serves as an indicator of the performance by declaring the grade of an institution (Chattopadhyay, 2018, p. 13–50). 5

INTRODUCTION

The debate on autonomy has drifted in three directions, namely, the strengthening of public universities by granting freedom to academia, the strengthening of private universities by granting freedom from the regulatory apparatus of the state and the strengthening of the state to a high-power commission with the power to monitor. The governance system ought to differ in all the three situations. In the frst case, it has to be collegial, participative and democratic, notwithstanding political deviance. In the second case, governance has to be guided with suffcient fexibility to adjust to market principles. In the third case, governance will remain centralized and a bureaucratic approach will be used to enforce accountability. However, there is a completely different dimension to governance when higher education has to achieve the objective of equity. When the entry of students from marginalized sections of society becomes the dominant feature of higher education, there has to be inclusive leadership. It means that the governance structure needs to be such as to facilitate the entry of those sections of society both at the administrative and academic levels. There has to be an element of awareness as well as passion. Respect for diversity, inclusion and human rights should be uppermost in the governance of higher education. The issue of leadership must take into account the entry of women at both academic and administrative levels. Intersectionality becomes an important paradigm where different sections and groups of society must be included in governance. In recent times, inclusion has been a buzzword in the area of governance (Stefani and Blessinger, 2017). This has given rise to the idea of distributive leadership and transformative leadership in the inclusive governance of higher education.

National Education Policy (NEP) 2020 Various perspectives of governance are now getting concretized in terms of new governance model as proposed in the National Education Policy 2020. There is a proposal of university governance in terms of ‘capable leadership’ (NEP, 20, P. 49). If leadership is in the right hands then a small ‘independent board’ (highest decision-making body) at an institution, consisting of right-minded people, will have the ‘autonomy’ and ‘fnancial certainty’ to govern higher education institutions with a system of ‘public accountability.’ All institutions shall prepare an ‘Institutional Development Plan’ (IDP), which will be implemented with the support of government funding. The above model of internal governance with supposed ‘transparency’ and ‘public disclosure’ is an ideal scenario. A university embedded in the social and political structure may not realize the ideals suggested in the National Education Policy 2020. The selection of leaders and members of the Board of Governors may not be free from political interference. Besides, public funding may not be suffcient to support the IDP. 6

INTRODUCTION

The NEP 2020 notes that ‘The most basic principle is that the functions of regulation, provision of education, funding, accreditation and standard setting must be performed by independent and empowered bodies’ (NEP, p. 46). Based on this principle is the plan for a radical restructuring of governance. The UGC, along with other over a dozen professional councils, have been much discredited for over-regulation. Hence it is proposed to merge all of these bodies into a National Higher Education Regulatory Authority (NHERA) to regulate and establish standards for all higher education institutions including general and professional education. The standard setting role of all the professions will be undertaken by a new body called the Professional Standard Setting Bodies (PSSBs). The UGC, in its new role, will be renamed the Higher Education Grant Council with responsibility for funding higher education institutions. The National Assessment and Accreditation Council (NAAC), as the sole authority to accredit institutions, has failed to reach all institutions. Hence the National Accreditation Council (NAC) will provide license to all other accrediting bodies to accredit institutions of higher education. The NEP 2020 also notes that there will be General Education Council (GEC) to determine the outcomes of education. The overemphasis on institutional determinism for good governance is ‘transcendental institutionalism,’ to use Amartya Sen’s phrase against the Rawlsian theory of justice (Bhushan, 2019). All affliating universities shall be restructured into a system of research universities, teaching universities and comprehensive multi-disciplinary colleges having degree-granting powers. It is necessary for all technical and professional colleges, vocational education and open and distance learning systems to be integrated within multi-disciplinary universities and colleges. Hence a specialized university – private and deemed universities – have no place within this architecture. This requires huge institutional restructuring into the three types of institutions, as noted above. The idea in the proposal of institutional engineering is that many of the problems of governance are due to the structure of large affliating universities. A solution is, therefore, suggested in terms of a new architecture without realizing the cost of restructuring that it proposes. No governments – central or state – will bear the fnancial burden of restructuring. Against such a proposal by the NEP, it is important that we understand higher education governance as it exists in reality. Notwithstanding the state-wise variance, the governance of higher education in a particular state like Bihar defes the ideal suggested in any governance model.

Perspectives of the Study The perspective of the rule-based governance is based on rationality, causation and sequence. At the conceptual level, the policy documents determine the vision. Vision-guided goals relating to access, equity, quality and 7

INTRODUCTION

excellence determine the structure of institutions and the manner in which institutions need to perform to fulfll their roles. This is an ideal to which, it is assumed, the governance of the education system will work in terms of theoretical rationality. The present study is based on the practice of governance in the state of Bihar in India. At the level of practice, the rationality, causation and sequence that is assumed in the policy documents fail to operate. As soon as the structure and regulation which is the basis of governance comes to operate, the reality begins to defy it. The social and political compulsions operate and infuence the decisions. Certain group dynamics come into action and defy the rationality. Mainly, the governance in practice is infuenced by caste, bureaucracy, politics, market, technology, judiciary, institutions and also individuals. The rational directions of governance are lost, and the result is a highly complex situation which is guided by over-determination and fails to yield solutions. In spite of providing solutions through further rationality implicit in rules, orders, regulations, etc., governance is directionless and ultimately it is determined by the power that dominates and provides justifcation for the rules. For example, if there is an issue of teacher attendance, the rationality of biometric attendance is offered and justifed. However, it fails to yield results. In this study, the governance of higher education has been looked at from the perspective of power relations. In the social feld, various actors struggle for power, status and infuence (Bourdieu 1988; Kogan et al. 2007). The process of change in governance takes place amidst contestation between academia and administration. The former generally responds to governance change introduced from above and passively adjusts with compromises and conficts. In this approach, the study of the social feld is undertaken where politics, economics and group dynamics become important (Gornitzka et al. 2005). In the present study, the reality on the ground is captured in terms of those dynamics as well as the politics that state brings to those dynamics, defying rationality, causation and sequence. An obvious question may be asked: If the practical understanding of governance defes rationality, how can we approach governance? Is this a correct way to approach the understanding of governance, where rules necessarily fail in practice and irrationalities dominate? An answer to this question is necessary in favor of the justifcation of looking at governance from another standpoint, namely, understanding the circumstances which defy the rules rather than follow the rules. The rational understanding of the practice, it is my view, will help us understand governance much better than the rationality of the rules which is assumed to affect governance and achieve results in a transcendental sense. This study breaks with the tradition whereby governance is studied in terms of rules and regulations. Rather than the rationality of rules, I capture the feld dynamics where the collusion of different centers of power may 8

INTRODUCTION

take place to serve group interests, and often the collision creates disturbance in governance. The governance of higher education is in a perpetual state of disequilibria. Governance is not gravitating towards rules, principles and certain norms. This, in my opinion, creates chaotic conditions of governance. There are, no doubt, variations, and sometimes large variations, in the governance and institutions of higher education where high levels of effciency and quality do exist simultaneously.

Questions of Governance The purpose of examining higher education governance in Bihar is to gain an informed understanding of some important dimensions of governance from a practical standpoint. The aim is to highlight recent policies of center and states and analyze how these policies have been implemented. At the level of practice, we want to examine why certain institutions of governance have not been established even in spite of central and state governments’ policy and programs; and, even if they have been established, why their functions have suffered from a myriad of problems. In this regard, some of the questions that will be examined in detail include how higher education has navigated through different historical and social circumstances. The process of confict resolution through rules and court judgments has not produced solutions. How, with the failure of university administration, is there growing centralization? At the level of the university, the failure of college administration is witnessing the centralizing tendency in governance. There has been a complex scenario of governance whereby the agency of teachers has become ineffectual and teachers hardly feel motivated to engage in the teaching and learning process with passion. It becomes very diffcult to reverse the process when the quality of teacher recruitment is low. The teachers so appointed gradually fail to realize the idea of the university through teaching, research and extension. The meaning of freedom of academia is lost. The meaning of accountability is lost. The governance of publicly managed institutions is on the verge of collapse. While some institutions survive and perform well, the majority fail to work properly. The present study is an attempt to examine and present the governance of higher education in Bihar as it has survived till the present time. Structure of the Book The structure of the book fows from state-level governance to universitylevel governance, and then further down to the college level. Teachers and students are important stakeholders in higher education. Hence, governance issues relating to teachers and students are analyzed. The study looks at issues and challenges of governance related to privatization. The fnancing of higher education assumes importance in governance. The penultimate 9

INTRODUCTION

chapter analyzes the infuence of power centers on the governance of higher education. As far as state-level governance is concerned, institutional structure and governance bodies at the state level are of the utmost importance. The Department of Higher Education of the Government of Bihar is responsible for policy decisions relating to the achievement of goals such as higher access, equity and a high quality of education. Chapter 2 captures the role of state government in policy decisions and administering higher education through the directorate. It also notes the evolution of universities in the post-independence period in Bihar mainly through the bifurcation of universities. Thus, it is interesting to note how the government responded to the needs of expansion. It is signifcant to note how various apex bodies in early periods were abolished and new apex institutions were created and made functional. It captures how the governance scenario has been evolving over the past 40–50 years. The unique trajectory of the teacher recruitment body at the state level is important in this context as decisions were often changed. The chapter further highlights the important research institutions and state library created in the past. The crux of governance in terms of the three challenges of governance are highlighted. These are the issue of co-ordination among universities, growth and affliation of colleges, and shifting policies of teacher recruitment and ensuring the quality of higher education. Governance at the university level is the theme of Chapter 3. Of foremost importance is the role of the Chancellor in the governance of universities in Bihar. As per the provisions of the acts of the universities, the role of Chancellor in the governance of universities in Bihar has been quite authoritative, affecting the autonomy of universities. The process of the appointment of the Vice Chancellor has not been free from controversy. The appointment of Registrars and other offcers of the university were gradually centralized at the level of Chancellor. The issue of governance is that of effcient decision making in the university. The role of the senate, syndicate and other bodies of the university needs examination with respect to the decision making affecting the internal governance of the university. There are various other aspects of internal governance. It is important to examine the co-ordination of the university with the state government, the University Grants Commission and the offce of the Chancellor, which has affected the internal governance of the university. This chapter examines and highlights failures in the governance of recruitment of non-teaching employees in colleges and universities. The issue of governance as understood by the Vice Chancellors and Registrars of the universities is further tabulated from the proceedings of a court judgment which has arisen because of the nonpayment of a pension after retirement to a teacher from the university. This judgment assumes importance because the teacher died during the hearing of the case of non-payment. 10

INTRODUCTION

Chapter 4 deals with governance at the college level. The most important issue of governance relates to the affliation of colleges and the recruitment and appointment of principals of colleges. The complexity of the problem due to the privatization of higher education is also of importance. As far as the affliation of colleges is concerned, there is failure in the coordination between the university and the state government. This failure leads to court cases and its further resolution through the order of the Chancellor of the universities. As far as the appointment of the principal of a college is concerned, there has regularly been neglect in the appointment of the principal in many colleges. There are instances of many legal battles through which the issue gets resolved. However, to date, there are many colleges in which ad hoc principals are appointed on the basis of seniority at the discretion of the Vice Chancellor. The understanding of the whole process is highly contextual and determined by social and political considerations. Further, it is important to understand some of the issues relating to the internal governance of the college, namely, admission, the teaching–learning process and examinations. The growth of private B. Ed. colleges in the state suffers from the problem of governance on account of the grant of affliation by the government. Besides, the supervision of such private colleges by the university through the private management body of the college is also an indication of the failure of governance. Chapter 5 explores issues and problems relating to teachers. It was noted earlier that ideally the purpose of governance is to preserve autonomy. However, autonomy is to be granted to teachers deserving of it. It raises the question whether higher education has been able to attract the best talent, those who can prove their scholarship and win the trust of the government in order to be granted autonomy. No doubt, the best universities around the world can do so. However, owing to a number of factors, higher education has not been able to attract the best talent and has not achieved the ideal world of autonomous individuals working for the pursuit of knowledge. The chapter presents a few aspects like the shortage of teachers, their qualifcations and social group composition. Most importantly, it analyzes the process of the recruitment of teachers over the past 40 years. It examines how recruitment bodies frequently changed, and how the process of absorption of teachers from private affliated colleges into constituent colleges was muddled. It shows how there was delay in the adoption of various UGC regulations on the recruitment and promotion of teachers through the enactment in ordinance and regulation in the universities of Bihar. It examines how the UGC’s merit promotion scheme, introduced for a short time in the 1980s, opened the foodgates of promotion along with time-bound promotion. In other words, it asks how a cheap populist policy along with corrupt practices became a barrier to the entry of quality teachers to higher education. Not surprisingly, higher education lost the case for autonomy. This chapter throws light on various social and political dynamics and the 11

INTRODUCTION

frequent intervention of the courts for the sake of justice. Governance is so muddled that with the shortage of teachers and the ongoing process of the appointment of contract teachers, the current situation may seem out of control. Chapter 6 discusses private higher education in Bihar. Philanthropy inspired by national interests during the struggle for freedom the main source of expansion of colleges. The lead role in the expansion was taken by local leaders, provincial leaders, landlords, farmers, business class people and lawyers, as well as the educated people of the state. Philanthropy continued in India in the immediate post-independence era for a couple of decades or more. Private management was responsible for managing resources, recruiting teachers and running the day-to-day affairs of the institutions. From the point of view of governance, the state made some small contribution in terms of grants to the colleges. The governance of colleges suffered serious problems during the 1970s and 1980s when the state government announced the takeover of private colleges. There were pressures on the government from different interest groups in the takeover decisions so that the maximum number of teachers from the respective interest groups could be absorbed into the government service by virtue of being an employee of constituent colleges. Governance further suffered from the whole process of grant of affliation to the private colleges – whether temporary or permanent. Teachers working in those permanently or temporarily affliated colleges put pressure on the government to consider them as regular employees so that they could be treated on a par with the teachers of the constituent colleges. There seems to have been a complete failure of the university in maintaining academic discipline in such private colleges. Examination of students studying in such private colleges, run ineffciently, was another burden upon the university. Chapter 7 focuses on the fnancing of higher education in Bihar. Governance depends on the quantum of public funding and also on the effciency with which the funds are managed. In principle, in economic terms, funding allocation should be determined on the basis of returns to different sectors of education. However, education also yields social returns, and this is diffcult to measure. In practice, budgetary allocation to education and its distribution to different sectors such as school and higher education follows incremental budgeting unless the government decides to change the priorities. It would be interesting to know how the fnancing of higher education has progressed in the state through different indicators such as expenditure on education as proportion to total budgetary expenditure, expenditure on higher education as proportion to state domestic product, higher education expenditure per student or higher education expenditure per student as proportion to state domestic product per student. Another important aspect of fnancing is the management of public funding. For example, there are important areas in which effciency is sought. The fxing of salaries for 12

INTRODUCTION

teachers and non-teaching employees; the payment of pensions in time to retired employees; the adjustment of advances paid to employees; the submission of utilization certifcates against any schemes of central, state governments and the UGC; the timely payment of salaries following purchase procedures prescribed by the government; the disbursal of grants to the affliated and constituent colleges; and timely audits from the AG offce are some of the important issues in the management of fnances. The chapter carries out an in-depth analysis of the way in which fnances are managed. Chapter 8 examines the issues and problems of governance from the point of view of student satisfaction. The state records the gross enrolment ratio of 13.6% in higher education in Bihar as opposed to the all-India average of 26.3 in the year 2018–19, as per the AISHE. The total enrolment in higher education is 1.6 million. Moreover, there are imbalances on account of gender, levels of education and social groups. From the point of view of student satisfaction, the consideration of the family background of students enrolled in higher education assumes importance. Focus group discussions were held with the students to understand the support system needed by those students coming from lower socio-economic backgrounds. It is also important to understand what the students feel about the teaching–learning process, attendance, examination, etc., particularly in the private institutions of higher education. Recently the role of the students’ union has been given importance, and student politics has begun to affect governance. As a summary of the arguments presented in the various chapters, Chapter 9 underpins the main currents of governance. In the nature of a postscript, an attempt is made to locate the underperformance of governance in terms of the multiple power blocs that exist in the different layers of governance. It highlights the diffculty in fnding any causal understanding of governance. Often, rationalities implicit in the rules and regulations, the orders of the judiciary and statutory bases of governance were found to be the victim of multiple power blocs acting and interacting with each other. This acquires a heroic or perhaps charismatic leadership to put governance of higher education in order. The concluding Chapter 10 summarizes the important aspects of governance in higher education in Bihar and offers suggestions and policy recommendations based on applied research and fndings.

References Agarwal, P (2009). Indian Higher Education: Envisioning the Future. India: Sage Publications. Bhushan, S (2016). Institutional autonomy and leadership in higher education. In N Varghese & G Malik (Eds.), India Higher Education Report 2015. London: Routledge India. https://doi.org/10.4324/9781315651163 accessed on 26 October, 2020.

13

IntroductIon

Bhushan, S (2018). HEcI act 2018 fails to address structural problems of higher education in India. Economic and Political Weekly, 53, 35. Bhushan, S. (2019). A dithering Higher Education Policy, Economic and Political Weekly, Vol. 54, Issue no. 24, 15 Jun, 2019. Bourdieu, P (1988). Homo Academicus. california: Stanford university Press. (Available on https://monoskop.org/images/4/4f/Pierre_Bourdieu_Homo_Acade micus_1988.pdf accessed on 14 February, 2021.) chandra, P (2019). Governance of higher education: A congested space (making the university work). In d Kapur & P Bhanu Mehta (Eds.), Navigating the Labyrinth: Perspective on India’s Higher Education. Hyderabad: orient BlackSwan. chandra, Pankaj (2017). Building Universities that Matter: Where are Indian Institutions going wrong?, Hyderabad: orient BlackSwan. chattopadhyay, S (2018). neo-liberalism and academic freedom: the emerging scenario. In Apoorvanand (ed.), The Idea of a University, chennai: context.  deshpande, JV (2000). AIctE as politicians’ handmaiden. Economic and Political Weekly, 35(49), 4307–4308. Gornitzka, A., Kogan, M., & Amaral, A. (2005). Reform and change in higher education: Analysing policy implementation. dordrecht: Springer. Government of India (2007). National Knowledge Commission, Report to the Nation, Government of India, 2007. http://kshec.ac.in/perspectives/nKc%20 report%20to%20the%20nation%202006.pdf accessed on october 26, 2020. Hatekar, n (2009). channing higher education scenario in India. Economic and Political Weekly, 44(38), 22–23. Kakodkar, A, et al. (2011). Taking IITs to Excellence and Greater Relevance: Report of Dr Anil Kakodkar Committee Appointed by MHRD to Recommend Autonomy Measures to Facilitate IITs Scaling Greater Heights. https://www.iitmandi.ac.in /administration/fles/offcialdocs/Kakodkar%20committee%20report%20May %2013%202011.pdf accessed on october 26, 2020. Kapur, d, & Mehta, PB (2007). Indian Higher Education Reform: From Half Baked Socialism to Half Baked Capitalism. new delhi: Brookings- ncAEr India Policy Forum. Kapur, d, Mehta, PB, & Vaishnav, M (Eds.). (2018). Rethinking Public Institutions in India. new delhi: oxford university Press. Kogan, M, Bauer, M, Bleiklie, I, & Henkel, M (Eds.). (2007). Transforming Higher Education: A Comparative Study (Vol. 13). the netherlands, Springer Science & Business Media. Springer. Kumar, cr, Goyal, Y, Srivastava, A, ramaswamy, K, & ramanujam, P (2016). The President of India and the Governance of Higher Education. new delhi: universal Law Publishing. Planning commission (2012). Committee on Corporate Participation in Higher Education. Report of NR Narayana Murthy Committee. new delhi: Government of India. http://f.ge.pgstatic.net/attachments/d470eba1383043ffbb7d42dfe513d 27a.pdf accessed on october 26, 2020. ram, r (2018). night-thoughts on academics and administration and the university. In Apoorvanand (ed.), (2018), the Idea of a university, chennai, India. 

14

INTRODUCTION

Singh, A (2004). Challenges in higher education. Economic and Political Weekly, 39(21), 2155–2158. Stefani, L, & Blessinger, P (Eds.). (2017). Inclusive Leadership in Higher Education: International Perspectives and Approaches. New York: Routledge.

15

2 APEX INSTITUTIONAL STRUCTURE AND GOVERNANCE BODIES

Bihar is an Indian state with an estimated population of 12.24 crores in 2018. It is the 13th-largest Indian state, with an area of 94,163 km2 (36,357 sq mi). It has 38 administrative districts.1 As the third-largest state by population, it is contiguous with Uttar Pradesh to its west, Nepal to the north, the northern part of West Bengal to the east, and Jharkhand to the south. The Bihar plain is split by the river Ganges which fows from west to east. Bihar is an amalgamation of three distinct regions: Magadh, Mithila and Bhojpur. The per capita net state domestic product in Bihar in 2017–18 was Rs. 38860. As per the annual report of Reserve Bank of India published in 2013, the percentage of population living below the poverty line is 33.74%.2 Only 11.3% of the population of Bihar lives in urban areas, which is the lowest in India after Himachal Pradesh. Additionally, almost 58% of the population of Bihar is below the age of 25 (Guruswamy and Kaul 2003), giving Bihar the highest proportion of young people of any Indian state. The Scheduled Caste (SC) and Scheduled Tribe (ST) population is 15.9% and 1.3% respectively. The Muslim population constitutes 16.87% of the total population in the state as per 2011 census data (Census of India 2011). In ancient India, the area that is now Bihar was considered a center of power, learning and culture. From Magadha arose India’s frst empire, the Maurya Empire, as well as one of the world’s most widely adhered-to religions, Buddhism. Magadha empires, notably under the Maurya and Gupta dynasties, unifed large parts of South Asia under a central rule. Another region of Bihar is Mithila which was an early center of Brahmanical learning and the center of the Videha kingdom (Kumāra, 1998; Mandal 2010). Historically, Bihar has been a major center of learning, home to some of the most prominent ancient universities like Nalanda (established in 450 CE), Odantapurā (established in 550CE) and Vikramashila (established in 783 CE) (Altekar 1965). However, the tradition of learning stultifed with the Turkish invasions in 1000 CE (Scott, 1995). Bihar saw a revival of the modern education system during the latter part of the era of British rule, when Patna University, the seventh oldest

16

APEX INSTITUTIONAL STRUCTURE AND GOVERNANCE BODIES

university on the Indian subcontinent, was established in 1917.3 Some other centers of high learning established under British rule are Patna College (established 1839); Bihar School of Engineering (1900), now known as the National Institute of Technology; Patna, Prince of Wales Medical College (1925), now Patna Medical College and Hospital; Science College, Patna (1928); and Patna Women’s College. As per 2011 census data, literacy rate in Bihar is 61.8% with 71.2% male literacy rate and 51.5% female literacy rate. In spite of this The National Employability Report of Engineering Graduates (2014) puts graduates from Bihar in the top 25% of the country, and rating Bihar as one of the three top states at producing engineering graduates in terms of quality and employability

Structure of Directorate of Education Government of Bihar has stated goals for the Universalization of Elementary Education (UEE) declared in Millennium Development Goals. The Department of Education, Bihar has initiated different schemes and motivational programs with goals to decrease female illiteracy, improve the quality of education, bring drop-out children back to school, provide educational infrastructure, initiate policies and programs for strengthening research and innovations and encourage institutions. The government has sought to promote the quality of higher education by investing in infrastructure and faculty, promoting academic reforms, improving governance and institutional restructuring towards the inclusion of the deprived communities. The Education Department of Government of Bihar is headed by the Education Minister. The Principal Secretary is the head of the administrative wing of the Education Department. The Additional Commissioner cum Secretary, Additional Secretary, Joint Secretary and Deputy Secretary are in charge of the department, taking policy decisions and looking after administration. It is the Department of Higher Education, Government of Bihar which approves the budget for higher education after following due procedure. Budget is an instrument of control of the expenditure and physical activities pertaining to higher education. All policy decisions concerning the creation of posts, abolition of posts, opening of postgraduate departments, affliation of colleges and recruitment of teachers is in the hands of government, as all such decisions involve budgetary approval. The state government’s budgetary control affects the internal governance of universities and colleges through the allocation of money to be spent on various heads. Universities and colleges are largely dependent on government grants as the scope for internal resource generation is limited.

17

APEX INSTITUTIONAL STRUCTURE AND GOVERNANCE BODIES

The education department of Bihar is involved with public policy-making decisions, while the directorates handle the administrative responsibilities of primary and secondary education, mass education, higher education and research and technology. The higher education department offers different scholarships to BC-EBC, ST and SC post-metric students. The department of HE administers various government schemes like the chief minister youth upliftment scheme for graduate girls to encourage self-reliance among female students. The instruction for online data entry under the All India Survey of Higher Education (AISHE) portal and the appointment of directors of different institutes/centers is also under the education department. It nominates the members in the Senate. The Chancellor appoints the Vice Chancellors in the universities of Bihar in effective consultation with the state government. The education department also has the power to grant affliation to colleges on the recommendation of the universities. It also issues instructions to universities and colleges in the light of supreme court/high court judgment on affliation, pay fxation, pension benefts and so on. It issues instruction in relation to the transfer of money through Direct Beneft Transfer (DBT) to the benefciary, on wage discrimination in the case of teachers and nonteaching staff, implementing the university management system across all public universities and colleges of Bihar and budget estimation of the respective institutes. For example, on September 5, 2017, a directive was issued to Patna University by the government to conduct fair examinations and to fle cases against anyone involved in unfair means. In another notifcation dated June 29, 2015, the government directed universities regarding the intake of students to self-fnancing courses at constituent and affliated colleges. It also noted that constituent and permanently affliated colleges should start courses only after the approval of the ordinance of self-fnancing courses by the Chancellor, thereby controlling the commercialization of education. In July 2015, an order was issued in which SC/ST/women are exempt from paying all sorts of fees in all constituent and affliated colleges. The order notes that such equivalent loss will be reimbursed to the university institutions. The state government directs all universities to implement the Bihar Skill Development Mission. It seeks information regarding toilet facilities in new universities. The state government also takes review meetings in which issues relating to utilization certifcates, audits of plan and non-plan grants, high court compliance, the National Assessment and Accreditation Council (NAAC), the All India Survey of Higher Education (AISHE), academic activities and examination calendar, etc. are noted. The department also initiates action to implement the university management system across all the public university and colleges of Bihar. The policy has also been initiated for procurement through Government E-Market place (GEM) to the universities and colleges. It also monitors Rashtriya Uchchatar Shiksha Abhiyan (RUSA) project implementation. 18

APEX INSTITUTIONAL STRUCTURE AND GOVERNANCE BODIES

The education department has started the process of launching four new schools at Aryabhatta Knowledge University (AKU). The state government also nominates the members of senates and syndicates of all universities in Bihar, as per the statutory guidelines. From the above, it is clear that the Education Department of the Government of Bihar quite actively monitors the functioning of universities. It is alert in pointing out any irregularities with respect to fnance in particular. It communicates with the universities in implementing various schemes and programs. Any innovative schemes such as GEM, expansion plans such as the opening of centers and departments, quality related initiatives such as NAAC accreditation, equity initiatives such as scholarship and fee waiver programs are the responsibilities of the government. From time to time, the State Legislative Assembly also raises questions in the Assembly. These pertain to the shortage of teachers, recruitment of teachers, research centers, regularization of teacher services and problems relating to pay verifcation, etc.

History of University Development There are now 18 state universities in Bihar (recently three universities have been established in Bihar). The frst university in Bihar is Patna University. It was founded by an act of legislature on October 1, 1917. The University was established as an examining body and conducted examinations from matriculation to postgraduation. Its jurisdiction mapped Bihar, Orissa and Nepal. The Patna University Act 1951, which received the assent of the Governor on July 6, 1951, was passed with a view to establishing a teaching and residential university at Patna. The Act defnes that the purpose and powers of the university shall be to provide instruction to such branches of learning as the University may think ft, including professional studies and technology, and for research and for the advancement and dissemination of knowledge. It remained the only university in Bihar until January 1952 and continued to be the examining body of educational institutions in Nepal until the founding of Tribhuvan University in Kathmandu. Today, Patna University has ten constituent colleges – Patna Science College, Patna College, B. N. College, Patna Law College, Magadh Mahila College, Patna Women’s College, Vanijya Mahavidyalaya, College of Arts and Craft, Patna Training College and Patna Women’s Training College. It has 31 postgraduate departments in the faculties of Humanities, Social Science, Science, Education, Commerce, Law and Management, aside from the Faculty of Medicine that is administered by the state government. Most of the postgraduate departments are located in buildings that are a part of the distinguished architectural heritage of the state. Constituent colleges of Patna University such as Magadh Mahila College, B. N. College, Patna College, Patna Women’s College and Vanijya Mahavidyalaya also run 19

APEX INSTITUTIONAL STRUCTURE AND GOVERNANCE BODIES

postgraduate departments in select subjects under their respective college administrations. These courses fulfll the increased public demand for access to postgraduate study.4 On January 2, 1952, the University of Bihar was separated from Patna University, but retained its headquarters at Patna. In 1960, the Bihar State Universities Act 1960 bifurcated the existing University of Bihar into three separate universities, namely (1) Bihar University, Muzaffarpur; (2) Ranchi University, Ranchi; and (3) Bhagalpur University, Bhagalpur. Again in 1961, the Bihar University Act 1961 bifurcated the existing Bihar University, Muzaffarpur into Bihar University, Muzaffarpur and Magadh University, Bodh Gaya. Again, within 12 years, i.e., in 1973, Bihar University, Muzaffarpur was bifurcated into Bihar University, Muzaffarpur and Mithila University, Darbhanga. Despite many offshoots, Bihar University, Muzaffarpur was again bifurcated in 1990 into Bihar University, Muzaffarpur and J. P. University, Chapra. In 1992, the name of Bihar University was changed to B. R. Ambedkar Bihar University. B. N. Mandal University was established on January 10, 1992 after bifurcation from Mithila University with the territorial jurisdiction of Koshi and Purnea Division. Veer Kunwar Singh University, Ara was established in 1992 after its bifurcation from Magadh University. Chanakya National Law University (CNLU) is an autonomous law school in Patna, Bihar. It was established in 2006 by the Government of Bihar (Bihar Act 24 of 2006) as a public university dedicated to the feld of legal education. Aryabhatta Knowledge University (AKU), Patna was established in 2010 by the Government of Bihar through the Aryabhatta Knowledge University Act, 2008. AKU has authority over technical education throughout the state of Bihar, and it functions as the state technological university of Bihar. AKU is recognized and approved by AICTE. All the four schools – the Patliputra School of Economics, Centre for Geographical Studies, Centre for River Studies, and Centre for Journalism and Mass Communication – are supposed to function as autonomous bodies, deciding their own course content and even student intake within AKU. Chandragupta Institute of Management Patna (CIMP)was established in 2008 as an autonomous institution under the Societies Act, with active support from the government of Bihar. It is an AICTE-approved and National Board of Accreditation (NBA)–accredited institution offering a two-year full-time program toward a Postgraduate Diploma in Management. The Bihar Agricultural University was established as the second agricultural university of the state on August 5, 2010. The main campus of the newly created university is located at the erstwhile Bihar Agricultural College, Sabour. The university has 8 colleges (6 crop sciences, 1 veterinary and 1 dairy science) and 12 research stations spread across three agroecological zones in Bihar. Dr Rajendra Prasad Central Agriculture University, formerly 20

APEX INSTITUTIONAL STRUCTURE AND GOVERNANCE BODIES

Rajendra Agricultural University, is an agriculture university located in Pusa, Samastipur district, Bihar. The foundation stone of the Agricultural Research Institute and college was laid by Lord Curzon on April 1, 1905. Bihar Animal Sciences University (BASU) was established with its headquarters at Patna through an act of Bihar State (BASU Act No. 15 of 2016). Kameshwar Singh Darbhanga Sanskrit University is a state university established in 1961. It is located at Darbhanga, Bihar. It is dedicated to the teaching and promotion of Sanskrit. Maulana Mazharul Haque Arabic and Persian University is a state university in Patna, Bihar. The university was established under the provisions of the Bihar State Universities Act of 1976 which took effect from 2008, with 786 students across nine courses. Now the number of students and courses has gone up to 22,000 students and 20 courses respectively. The Nalanda Open University is the only university in the State of Bihar meant for imparting learning exclusively through the system of distance education. The University was established in March 1987 by an ordinance, promulgated by the Government of Bihar. Recently, three new universities, namely Patliputra University in Patna, Purnea University, Purnea and Munger University, Munger in Bihar have been established by bifurcating from already existing universities. As a collegiate university, their main functions are divided between the academic departments of the university and affliated colleges. Munger University was established on March 18, 2018, after its bifurcation from Tilka Manjhi Bhagalpur University, Bhagalpur. Purnea University was established on March 18, 2018, after its bifurcation from Bhupendra Narayan Mandal University, Madhepura. Similarly, Patliputra University was created by dividing the staff of Magadh University. Nalanda is a postgraduate, research-intensive, international university supported by the participating countries of the East Asia Summit. The University came into being on November 25, 2010, by a special Act of the Indian Parliament and has been designated as an ‘institution of national importance.’5 The Central University of South Bihar, Gaya, Mahatma Gandhi Central University, Bettiah, Motihari and Dr Rajendra Prasad Central Agriculture University, Samastipur are notable additions to the list of universities in Bihar promoting quality in higher education.

Apex Bodies at State Level Intermediate Education and Apex Body Bihar Intermediate Council as an apex body of intermediate education was a statutory body of the Government of Bihar which was established in 1980. The Intermediate Council was dissolved in 2007. The Bihar School Examination Board has taken over its functions. 21

APEX INSTITUTIONAL STRUCTURE AND GOVERNANCE BODIES

Inter-University Board The state government dissolved the Bihar Inter-University Board in 2007. The board had been set up to monitor the development of universities and regulate teaching and research in institutions of higher education in the state. Set up in 1975, the board was also empowered to suggest ways to improve academic standards, to implement various examination reform measures and development schemes at universities and to ensure uniform regulations and statutes for all the universities. The Administrative Reforms Commission had recommended dissolution of the board. Higher Education Council The Central Government established the Rashtriya Uchchatar Shiksha Abhiyan (RUSA) for up-gradation of higher education, and simultaneously a decision was taken to constitute a Higher Education Council in each state. As per the central guideline, the Education Minister shall be the ex-offcio Chairman. The eminent academic administrator of the professor rank shall be made Vice President. Additional Secretary or higher-level offcers of the higher education department shall be the member secretary. Other main members shall be the Principal Secretary or Secretary of the Education, Finance, Industry, Science and Technology and Health Departments. The State Council for Higher Education (SCHE) in the state of Bihar currently has the responsibility for managing RUSA funding. As per the central guidelines, The SCHE will monitor the university, college and other higher education institutes. The Council will prepare development plans, give advice to new institutions, improve the level of examinations and coordinate with the UGC and suggest ways to increase additional resources in higher education. At the level of practice, it simply manages RUSA funding in the state. State Quality Assurance Cell Bihar does not have SQAC.

Recruitment Bodies At present, the University Service Commission is the statutory apex body for the recruitment of teachers in higher education. In the past, the Bihar Public Service Commission, the University Service Commission and the College Service Commission were some of the recruitment bodies at the state level. A brief description of such bodies is presented below. 22

APEX INSTITUTIONAL STRUCTURE AND GOVERNANCE BODIES

Bihar Public Service Commission The Bihar Public Service Commission (BPSC) came into existence on April 1, 1949 after its separation from the Commission for the States of Orissa and Madhya Pradesh, in accordance with sub-section (1) of section 261 of the Government of India Act, 1935. Its constitutional status was pronounced with the promulgation of Constitution of India on 26th January, 1950. It is a Constitutional Body under Article 315 of the Constitution of India. The Bihar Public Service Commission (Conditions of Service) Regulations, 1960 was framed by the State of Bihar under Rule 3 of the Regulations, 1960. With respect to the university offcers and all teaching posts, including the Principals of all constituent colleges, the recruitment was done by the BPSC. Later, when the Bihar College Service Commission Act, 1976 was passed, the responsibility of appointing teaching posts of all affliated colleges was handed over to the Bihar College Service Commission. Further, with the Bihar State University Service Commission Act, 1987 the appointment of all offcers of the university and teaching posts of university departments and constituent colleges was handed over to the Bihar State University Service Commission (BSUSC). BPSC was again given the responsibility for the recruitment of all offcers and teaching positions of the university and constituent colleges since 2013, after the abolition of Bihar College Service Commission and the Bihar State University Service Commission in 2007. Later on, with the passage of the Bihar State University Service Commission Act, 2017, the task of the recruitment of offcers of the university and teaching positions of constituent colleges was taken away from the BPSC and handed over to the Bihar State University Service Commission. It is important to note that in the recruitment of Assistant Professors in affliated colleges, BPSC had no role. Many affliated colleges are privately managed and some get grants from the government. The College Service Commission, which was abolished in 2007, had been responsible for recruitment before 2007. After a gap of 5 years, in 2012, the governing body of the college was empowered to invite applications and appoint Assistant Professors through the university selection committee, properly constituted as per the Act, on the basis of interview. The selection committee was also responsible for the promotion, dismissal, discharge, removal from service and termination of service or demotion of teachers in affliated colleges. In 2013, the state government handed over responsibility for the recruitment of Assistant Professors in constituent colleges to the BPSC. The popular perception about the appointments by BPSC, notwithstanding the court cases and delay in appointments, is that the quality of appointments was by and large satisfactory. The government’s explanation that a delay in appointment by the BPSC necessitated the establishment of the Bihar State University Service Commission (BSUSC) in 2017 is not very satisfactory, as the same may hold for the newly constituted Bihar University Service Commission as 23

APEX INSTITUTIONAL STRUCTURE AND GOVERNANCE BODIES

well. Even after almost a year, the new commission has not been constituted by the state government. In 2020, the Chairman and members of the BSUSC were appointed and the frst advertisement for the largest vacancies in the state was issued in October 2020, which was coincidentally a month before the general election in the state. Looking at the past records of governance in the recruitment of teachers, it remains to be seen whether new commission is able to function effectively free from nepotism and corruption. University Service Commission (1987–2007 and 2017–to date) The University Service Commission was established in 1987 under the Bihar State University Service Commission Act 1987 with a view to making recommendations for the appointment of offcers, other than Vice Chancellor (VC), Pro VC, Dean of Students’ Welfare, Proctor, and teachers of the university and constituent colleges and also the appointments and promotions of the said offcers and teachers in accordance with the acts of the university. The powers relating to all disciplinary matters of offcers and teachers of the university and constituent colleges was vested with the commission as universities were supposed to consult the commission in all such matters. The promotion of the Principals of the constituent colleges was also to be referred to the commission by the universities of Bihar. There was, however, the provision that in respect to the appointment of lecturers for six months, the VCs of the universities of Bihar, as per the provisions of the acts of universities of Bihar, were empowered and were not bound to consult the Commission. Such appointments to be regularized, it was necessary to consult the Commission which had only powers to make the appointments. The Chairman and the members of the Commission were to be appointed by the Governor of Bihar. The Bihar State University Service Commission was repealed in 2007 and the task of recruitment was given to the BPSC in 2013. The process of appointing assistant professors against the vacancies advertised by the BPSC is likely to face an abrupt end as the state government has issued a gazette notifcation after the Governor’s nod to the creation of Bihar State University Service Commission Act, 2017. Senior academics and constitutional experts assert that the BPSC has been relieved of the right to go ahead with the process of appointing teachers after the gazette notifcation of the new Act on September 4, 2017. Now only the new Bihar State University Service Commission can appoint university teachers. College Service Commission (1976–2007) Bihar College Service Commission was established in 1976 for the appointment of teachers of private affliated colleges and intermediate colleges in the 24

APEX INSTITUTIONAL STRUCTURE AND GOVERNANCE BODIES

State of Bihar. The appointment of teachers of constituent colleges was not within its purview. It is important here to make a distinction between affliated colleges, intermediate colleges and constituent colleges. As per the act, an affliated college means any college which is admitted to the privileges of the Bihar State Universities Act and imparts instruction up to degree standard. An intermediate college means a college which imparts instruction up to intermediate standard and the intermediate section of a Degree College in which instruction is imparted up to intermediate standard. A constituent college means a degree college which is maintained or controlled by a university and imparts instruction up to degree or postgraduate standard. Bihar College Service Commission was also given powers of appointment, dismissal, removal, termination of service or reduction in rank of teachers of private affliated colleges and intermediate colleges, subject to the approval of the university. Further, as per its constitution, the Commission shall be consulted by the governing body of a college in all disciplinary matters affecting a teacher of the college, and no memorials or petitions relating to such matters shall be disposed of, nor shall any action be taken against, or any punishment imposed on, a teacher of the college otherwise than in conformity with the fndings of the Commission. Bihar College Service Commission Act, 1976 was repealed in 2007, and the recruitment of Assistant Professors was decentralized at the level of private affliated college by the managing body of the college after a gap of 5 years. Bihar State University Service Commission Act, 2017 It was proposed that the role of BPSC be replaced, though this is yet to be fully enforced. As per the act, the new Bihar State University Service Commission will consist of a chairman and a maximum of six members. The commission shall be appointed by the state government for a period of three years. The age of superannuation for the chairman and members is 72 and 70 respectively. They shall be eligible for re-appointment after the expiry of the frst term of three years. According to the gazette, a person to be appointed to the post of chairman shall be a person working or retired from the equivalent post of the chief secretary of the state government or person working or retired from the equivalent post of secretary to the government of India or a person having the experience of Vice Chancellor of any university or an eminent academic. The question is: What happened to the recruitment of offcers of the university and teachers of constituent and affliated colleges during the period 2007–2013? Through an ordinance, the universities were empowered to make all selections and promotions of offcers and teachers at all the colleges and universities of the state. This, however, lasted only till 2013. 25

APEX INSTITUTIONAL STRUCTURE AND GOVERNANCE BODIES

Thus, there was certainly some degree of autonomy transferred to the universities during the period. However, it would be interesting to understand whether autonomy was substantial and whether such autonomy was used with responsibility. Were there not irregularities and further centralization of power in the hands of VCs? In fact, while the recruitment of faculty was not allowed, some cases of promotions of faculty were cleared, and in some cases, the appointment of offcers of the university was also undertaken by the selection committee at the university level. Secondly, what were the factors that led to the abolition of both the commissions in 2007? For an answer to this, we need to understand in greater detail the manipulation, malpractices and corruption that led to the court cases, which made it almost impossible to handle the court orders. Frustrated with the situation, the government thought it better to transfer the responsibility for the recruitment and promotion of teachers and offcers to the university. Thirdly, what were the experiences of centralized recruitment at the state level by the BPSC? It may be noted that the experience of recruitment by BPSC was that, with some delay, quality recruitment on the basis of competitive merit was made. However, the delay in appointments was the reason why the BPSC was stripped of the power to appoint teachers and the newly constituted Bihar State University Service Commission was given the responsibility to recruit Assistant Professors. Fourthly, why did the state government in 2017 feel that the power of recruitment to the BPSC needed to be transferred to the Bihar State University Service Commission by creation of the Commission through an act in 2017, and what did the Commission do? In the perception of the government, the delay in the appointment of Assistant Professors led to the transfer of the recruitment of all posts in the university at all levels. BSUSC was constituted after much delay. Recently the Commission has advertised a large number of posts at the level of Assistant Professors before the election is due in November 2020 to win the popular support of the public.

Powers and Functions of The Chancellor The Governor of Bihar is the Chancellor and, by virtue of his offce, also the head of the university. The Chancellor shall have the powers to inspect the university, its buildings, laboratories, workshops and equipment, any College or hostel, the teaching or examinations conducted, or any act done by the university, and of the Senate. He shall, when present, preside over meetings of the Senate. He can have inspection done by such person or persons who may be directed by him and to inquire or to cause an inquiry made, in like manner, in respect of any matter connected with the university. If the Syndicate and the Academic Council fail to take action to the satisfaction of the Chancellor within a reasonable time, the Chancellor may, 26

APEX INSTITUTIONAL STRUCTURE AND GOVERNANCE BODIES

after considering the explanation furnished or representation fled by the Syndicate and the Academic Council, give such direction as he considers ft and the Syndicate and the Academic Council shall at once comply. The Chancellor may call for explanation from any teacher or offcer of the university or colleges affliated to it and after the consideration on the charges, issue such direction as he deems ft, and the Vice Chancellor, the Syndicate and the Academic Council or the Governing Body or Ad Hoc Committee, as the case may be, shall comply with it within the specifed period. The Chancellor may, by order in writing, annul any proceeding or order of the university which is not in conformity with this Act, the statutes, the Ordinance or the Regulation The Chancellor shall have the power to transfer the offcers and teachers of the universities from one university to another or in the same university on the same post or on any other equivalent post; the transferees shall retain their respective seniority. The Chancellor shall have the power to issue direction to the universities in the administrative or academic interest of the Universities which he considers to be necessary. The direction issued by the Chancellor shall be implemented by the Vice Chancellor, Syndicate, Senate and other bodies of the Universities, as the case may be. Any person aggrieved by such order of the Chancellor may fle representation to the Chancellor, who on consideration of the representation shall have the power to affrm, modify or rescind his earlier order and pass such other order or orders which he may deem ft and proper. The implications of the enormous powers vested in the Chancellor shall be discussed in Chapter 3. Suffce it to mention here that the Chancellor emerges an important center of power. Various other power centers such as state government, judiciary, university, private managements interact and determine the directions of higher education, as shall be discussed in the next chapters.

Report of Expert Committee on Education The government of Bihar constituted an expert committee on education under the chairmanship of Prof. Sachidanand Sinha in 2006. The report analyzes the question of autonomy in higher education governance in Bihar. It states that 1. The Chancellor (The Governor of Bihar) has been saddled with enormous responsibilities and large powers … which may sometimes be misused. The provision that the Vice-Chancellor of a university ‘holds offce during the pleasure of the Chancellor’ (Report 2006 p. 8) goes against the dignity of the highest executive of the University. Further, the enormous powers vested in the Chancellor permit political interference in the routine affairs of the university. 27

APEX INSTITUTIONAL STRUCTURE AND GOVERNANCE BODIES

2. The Syndicate ‘has now become toothless as it has to follow the instructions of the Government even in academic matters’ (ibid. p. 8). 3. ‘There are provisions in the acts of the Universities which do not permit Universities bodies like the Syndicate/ Senate to take decisions relating to fnance without Government approval … the university offcials have to move around the corridors of the Secretariat to manage even the recurring grants’ (ibid. p. 8). 4. The mode of appointment of the Vice Chancellor permits considerable play of local power politics in the working of the university. 5. The members of Syndicate and the Senate are nominated by the Government. They may be in a minority but ‘the power and privileges they wield in infuencing the decision is ample’ (Report 2006 p. 8). 6. The shrinking autonomy of the university has diluted the commitment and involvement of teachers. 7. The mushroom growth of sub-standard caste-based colleges without the necessary infrastructure and deserving teachers and their further absorption into the status of the constituent colleges have resulted in enormous fnancial liability. The report’s observation on the higher education scenario is quite gloomy. It notes that higher education in Bihar has been facing irregular academic sessions and a decline in effective working days. The large-scale use of unfair means in various university and college examinations has been another malady of the system. Classes are not held regularly. The quality of teaching has been declining sharply. An absence of an inspiring academic environment has permitted students to indulge in affairs that further disrupt academic activity. The report further adds that the mushrooming of Ph.D.’s in colleges has led to the decline of research culture, where research problems are dictated by conditions of ‘easy results, job prospects and supervisors’ convenience’ (ibid p. 12). The report is in favor of the review of existing acts. It recommends a thorough re-examination of the power and functions of the Chancellor in order to allow genuine autonomy for the university. However, it favors autonomy when the most deserving persons are appointed by a Chancellor through the search committee. At the level of the Chancellor’s offce, it recommends an advisory committee of educationists to advise the Chancellor on major policy decisions. On the issue of fnance, it recommends a budgetary allocation to the universities in accordance with the budget approved by the university. It does support the public–private partnership under the direction and control of the state government. It recommends the revamping of the examination system. It further suggests the strengthening of the Academic Staff College. It notes the discontinuation of postgraduate programs in colleges and upgradation of university departments as centers of quality postgraduate teaching and research. It suggests the restructuring of 28

APEX INSTITUTIONAL STRUCTURE AND GOVERNANCE BODIES

all old colleges in terms of support for infrastructure and addressing the shortage of teachers. A road map for the restructuring of the colleges in the State has also been suggested in great detail. It recommends the establishment of a State Council of Higher Education as an apex state-level organization to advise the Government on policy and co-ordinate the functioning of all the universities in the State. It is discouraging to note that the government has not been able to give any attention to the report of the expert committee on education.

Research Institutions: State Level Many research institutes have been promoting research and education in various felds in Bihar. Given below are some important research institutes: Rajendra Memorial Research Institute of Medical Sciences, Agamkuan, Patna The Rajendra Memorial Research Institute of Medical Sciences (RMRIMS) is located at Agam Kuan, Patna. It is a permanent research institute of the Indian Council of Medical Research, New Delhi and an autonomous body of Ministry of Health and Family Welfare, Government of India. Indian Council of Agriculture Research (ICAR) Research Complex for Eastern Region (ICAR-RCER), Patna ICAR was established with a mandate to address diverse issues relating to agricultural production in eastern states of India. The institute came into existence on February 22, 2001, with its headquarter at Patna and its regional stations at Darbhanga, Bihar and Ranchi. The institute has undertaken research work in the areas of land and water resources management, crops, horticulture, aquatic crops, fshery, livestock and poultry, agro-processing and socio-economic aspects of agricultural development in the region so as to improve the livelihood of resourcepoor farmers. K. P. Jaiswal Research Institute, Patna The Kashi Prasad Jayaswal Research Institute (KPJRI), located in the Patna Museum building, carries out research in the feld of history and archaeology. The institute was established by the Bihar Government in October 1950, and it works under the control of the Education Department. The Institute was established to work as a catalyst in the process of the cultural renaissance that would help discover and reconstruct the rich heritage of the province. Dr A. N. Sinha Research Institute, Patna The A. N. Sinha Institute of Social Studies, Patna was founded by the Government of Bihar in memory of Dr Anugrah Narayan Sinha, one of the architects of modern Bihar, on January 31, 1958. It was, however, 29

APEX INSTITUTIONAL STRUCTURE AND GOVERNANCE BODIES

made a statutory autonomous body on October 8, 1964, under the A. N. Sinha Institute of Social Studies Act 1964. The research program at the A. N. Sinha Institute of Social Studies is designed to develop issue based, interdisciplinary and applied as well as pure research orientation among students so that they can understand local, regional, national and international problems. The program places a larger emphasis on different dimensions of social science to provide an integrating framework within which various developmental and changing issues can be addressed. National Institute of Pharmaceutical Education and Research (NIPER), Hajipur The National Institute of Pharmaceutical Education and Research (NIPER) is an autonomous institution established under the aegis of the Department of Pharmaceuticals, Ministry of Chemicals and Fertilizers at Hajipur, Vaishali district, Bihar. It has been set up as a center of excellence for higher education, research and development in the pharmaceutical sciences. To promote linguistic and religious studies, the government has established many institutes. The Government of Bihar established the Mithila Institute of Postgraduate Studies and Research in Sanskrit Learning at Darbhanga in 1951 with the objective, inter alia, to promote advanced studies and research in Sanskrit learning. Apart from the Mithila Institute, three others have been established and have been doing useful work: the Nalanda Institute of Research and Post-Graduate Studies in Buddhist Learning and Pali at Nalanda, and the Bihar Rashtra Bhasa Parishad at Patna for research and advance studies in Hindi.

State Public Library The Bihar Library Association was established in 1936 and it organized the Bihar Library Conference in 1937. A draft scheme for libraries was prepared by the Association which was submitted to the Government for approval. With the help of renowned library professionals of the State, the Bihar Government passed the Public Libraries Act in 2008. Bihar now has a State Library at Patna and District Libraries in every district.6 Bihar has two main libraries, namely the Khuda Bakhsh Oriental Library and the Sinha Library. Khuda Bakhsh Oriental Library is one of the national libraries of India. It was opened to the public on October 29, 1891 by Khan Bahadur Khuda Bakhsh with 4,000 manuscripts, of which he inherited 1,400 from his father Maulvi Mohammed Bakhsh. It is an autonomous organization under the Ministry of Culture, Government of India, and is governed by a Board with the Governor of Bihar as its ex offcio Chairman. It is known for its rare collection of Persian and Arabic manuscripts. It also hosts paintings 30

APEX INSTITUTIONAL STRUCTURE AND GOVERNANCE BODIES

made during the Rajput and Mughal eras of India. It is also a designated ‘Manuscript Conservation Centre’ (MCC) under the National Mission for Manuscripts.7 Sinha Library was established in 1924 by Dr Sachchidananda Sinha, chief justice of Patna High Court, academician, writer and the president of the constituent assembly that drafted the Indian Constitution. In 1955, the library originally known as Shrimati Radhika Sinha Institute and Sachchidananda Sinha Library, was taken over by the state government to be turned into a state central library.8

Problems and Prospects of State-Level Governance Co-Ordination of Universities State universities are established by the separate acts of legislature and are guided by the respective acts, statues, ordinances and regulation. In this manner, all state universities are supposed to evolve autonomously, responding to the challenges of specifc regions. State universities expanded in response to the growing number of colleges and student enrolments. Policy responded to the increasing demand for higher education. The bifurcation of universities was the usual mechanism behind the creation of new state universities, although some new universities such as Aryabhatta Knowledge University, Chanakya Law University, Chandra Gupta Institute of Management and Arabic and Urdu university were not the result of bifurcation. They catered to specifc disciplines. An important challenge in the functioning of universities pertains to coordination between the UGC and all universities in Bihar and the co-ordination among all universities. While universities are supposed to function autonomously, each university functions within the regulatory framework of UGC and other professional councils, as the maintenance of standards of higher education is the union responsibility under the Constitution of India. The problem arises when UGC regulation is invoked from time to time on various issues relating to the maintenance of standards. For example, regulation with respect to the minimum qualifcation of teachers, Ph. D. regulation, compulsory accreditation, etc. are supposed to be followed as soon as the UGC regulation is granted. NTCE, AICTE and other professional councils, too, have regulations with respect to minimum intake, infrastructure requirements, etc. The problem is how all universities can follow these regulations in a uniform manner. This leads to the question of co-ordination. So far as co-ordination among all universities in the state is concerned, the need for co-ordination arises whenever the state government wants to pursue a uniform policy with respect to admission, fees, examinations, recruitment and promotion of teachers and affliation of colleges, etc. On all these matters, the state government has to ensure that all universities follow policy uniformly. It should not be the case that in one university there 31

APEX INSTITUTIONAL STRUCTURE AND GOVERNANCE BODIES

is one affliation system, and in another university, a different affliation system. Moreover, the monitoring of all universities requires that some coordination body at the state level oversees the progress. As noted here, there used to be an Inter-University Board to co-ordinate the functioning of universities. The Board was, however, dissolved in 2007 on the recommendation of Administrative Reforms Commission, probably due to its weak functioning. At present there is another statutory body called the State Higher Education Council. However, the Council presently manages RUSA funds. Hence, practically no body exists at the state level to co-ordinate the functioning of universities in the state. As a result, the Chancellor’s Offce has been proactive in ensuring co-ordination with the UGC and state government and among all universities in the state. The state government also conducts and controls the functioning of universities through various circulars, meeting and seminars. Expansion of Colleges As noted above, the number of universities in the last two decades has increased. There are at present 780 colleges under different management, as per AISHE, 2018. The expansion of colleges, particularly under private unaided and in recent years B. Ed. colleges, have been phenomenal. There are also a large number of colleges which have very high enrolments as well as very low enrolments and, therefore, they are inoptimal in terms of size. In terms of the number of colleges per lakh (1 lakh is equivalent to 100,000) population, Bihar is a defcit state. There is further demand for colleges in the state. Hence, there is a need to evolve some mechanism to the expansion of colleges in response to the demand for higher education. An important problem is that the recent expansion has taken place under private management. Private colleges face problems with respect to affliation, admissions, fees and examinations. In the majority of colleges, there is poor infrastructure. From impressions gathered during the feld visit, it was found that the private management bodies are ad hoc and not functional. It was also observed that there is poor co-ordination between university and college management. In many rounds of meetings between the Vice Chancellor and Chancellor, the issue of the functioning of affliated colleges comes up. In the last round of meetings on December 14, 2018, the Chancellor of all the universities of Bihar directed all VCs to enforce academic, administrative and fnancial disciplines. The High Court of Patna has passed several orders to streamline the affliation of colleges. There are instances under which the students of many non-affliated colleges are forced to sit for the examination from the college, pending the decision on the affliation of colleges by the state government or the university. There is a need to co-ordinating the growth of colleges and the affliation of colleges 32

APEX INSTITUTIONAL STRUCTURE AND GOVERNANCE BODIES

to the university among the state government, the Chancellor’s offce and the universities. Recruitment of Teachers The present scenario is one in which there is an acute scarcity of teachers in universities and colleges. The basic minimum condition for the functioning of universities and colleges is to address the issue of scarcity of teachers. As noted in Chapter 5 in great detail, there have been many experiments in the past to conduct the recruitment of teachers at the state level or at the university level. In 2013, the Bihar Public Service Commission was given the responsibility of conducting the recruitment of teachers. The government showed its intent to fll the large amounts of vacancies. Based on the feld visit, we observed that notwithstanding the delay, the quality of teacher recruitment was much better. What is surprising to note is that the recruitment of teachers of constituent colleges has now been handed over to the state level body, the University Service Commission, which has so far not recruited teachers in the State. This shows the intent of the government to delay the recruitment of permanent teachers. The recruitment of teachers in affliated colleges, after the abolition of the College Service Commission, has been decentralized at the college level. The new proposal that seems to be gaining ground is that in place of permanent teachers, the vacancies will be flled with guest teachers, as per UGC regulations. Patna University has already advertised posts for guest teachers in university departments, colleges and under all self-fnancing programs. There is also the announcement of huge vacancy of over 1,000 teachers for all posts for guest/part-time teachers in BRA Bihar University. A directive has been issued by the offce of the Chancellor to fll teacher vacancies with guest teachers in all universities. The intent is quite clear: colleges and universities in Bihar are going to be dominated in the near future with low-cost guest teachers. The future scenario is pretty clear. There is a huge uncertainty in the appointment. The quality of recruitment will be very low. In the future, guest teachers will demand permanent absorption. There will be court cases. The government will have to absorb all the low-quality guest teachers and the quality of higher education in Bihar will touch its nadir.

Conclusion This chapter has highlighted the structures relating to the planning and administration of higher education in Bihar. The government has the important role of policy and planning higher education expansion. University is guided by its acts and statutes and enjoys a certain degree of autonomy. However, the state government provides funding to all public universities. Universities, in 33

Apex InstItutIonAl structure And GovernAnce BodIes

turn, allocate funds to all their constituent colleges. Hence, constituent colleges are directly managed and controlled by the university. Besides funding, the state government has been giving various directions to the universities to promote equity in and the quality of higher education. With a view to promoting equity and quality, it had been funding various schemes. the chapter also presents the the evolution of universities in Bihar. It is interesting to see the bifurcation of universities in Bihar take place one after another. With the expansion of higher education, the number of universities has grown. some new universities were also established to promote law education, management and professional education. the recruitment bodies at state level have been under stress as time and again the bodies were changed. At one time, the Inter-university Board was functional to advise the government. It has been abolished. the state Higher education council, though established to manage the funding of rusA, is not effective as a body to guide the higher education system. As per nAAc Guidelines, the state quality assurance cell is not functional either. Hence there seems to be an excessive load upon the offce of chancellor to oversee the functioning of universities in all its detail. the chancellor’s offce is a bureaucratic set up. It is not an academic body that can guide the universities in the promotion of academic development. Yet it has been conducting meetings, issuing necessary instructions and co-ordinating among various universities. It seems that the major problems of governance at the state level relate to co-ordination and providing academic direction to the universities. Another aspect of governance is to see how the expansion of colleges, particularly under private management, should take place. In this regard, the issue of the affliation of colleges and its concurrence by the state government needs to be managed well. Amongst some other problems, the issue of recruitment of teachers is fully under the control of state government. changes in recruitment bodies have been creating problems as well. there are many other aspects of governance which have been presented in other chapters.

Notes 1 data accessed from the Government of Bihar website: http://gov.bih.nic.in/pro fle/default.htm accessed on october 26, 2020. 2 data accessed from https://www.rbi.org.in/scripts/publicationsview.aspx?id=15 283 accessed on october 26, 2020. 3 profle of patna university: https://www.patnauniversity.ac.in/profle.html accessed on october 26, 2020. 4 see http://www.patnauniversity.ac.in/notice160917.html accessed on october 26, 2020. 5 see the list of all universities of Bihar on the following link: https://www.ugc.ac .in/stateuniversitylist. aspx?id=4&unitype=2 accessed on october 26, 2020. 6 see http://www.nmlindia.nic.in/pages/display/24 accessed on october 26, 2020. 7 some information is available here: https://en.wikipedia.org/wiki/Khuda_Bakh sh_oriental_library accessed on october 26, 2020.

34

APEX INSTITUTIONAL STRUCTURE AND GOVERNANCE BODIES

8 Also, see: https://en.wikipedia.org/wiki/Sinha_Library. accessed on October 26, 2020.

References Altekar, AS (1965). Education in Ancient India (6th ed.). Varanasi: Nand Kishore & Bros. Census of India (2011). Population by Religion Community – 2011. India: The Registrar General & Census Commissioner. Guruswamy, M, & Kaul, A (2003). The Economic Strangulation of Bihar. New Delhi: Centre for Policy Alternatives. Kumāra, BB (1998). Small States Syndrome in India (p. 146). ISBN 9788170226918. Mandal, RB (2010). Wetlands Management in North Bihar (p. 87). ISBN 97881 80697074. National Employability Report, Engineers (2014). Annual Report (p. 22). www. aspiringminds.com accessed on October 26, 2020. Report of Expert Committee on Education (2006). Higher Education in Bihar: Ground Reality and Proposals for Change. Government of Bihar. Scott, D (1995). Buddhism and Islam: past to present encounters and interfaith lessons. Numen, 42(2), 141–155. doi:10.1163/1568527952598657.

35

3 UNIVERSITY GOVERNANCE

It was stated in Chapter 1 that governance has to be looked at from the perspective of realizing the idea of the university. It means that self-regulation in the university system needs to be analyzed. However, the university space is not an absolute entity. It has to work within constitutional limits and within state power and politics. If the ecosystem of a university is such that it builds trust in the state’s role of public funding, the university can serve the purpose with responsibility. However, the context of the development of a university differs from country to country, and even within a country from state to state, and even within a state from one university to another university. It is assumed in our analysis that context may differ from one state to another. However, the variation among universities within a state is assumed to be minimum. If, however, there is a variation, it may be noted. For example, in a state like Bihar, there may be a difference in governance between, say, Patna University and another university, say, Magadh University, yet the variance in terms of key issues may be small. An attempt is made in this chapter to examine the functioning of the offcers of the university as laid down in the acts and statutes of the university and how, in actual practice, the functioning of the offcers has affected the real governance in Bihar. In this respect, the functioning of the Chancellor and the appointment of Vice-Chancellors in the universities of Bihar is an important area of study as it has affected the directions of higher education in the state. There has been greater centralization of power as higher education has evolved in the state and the ideal of the university governance was denied in actual practice. Though there are democratic bodies in the internal governance of universities, democratic functioning was denied, and tools of governance such as statutes and ordinances refected the effects of excessive bureaucratization and commercialization and evolved more as powers of control politics. For example, ordinances and regulations were directed at self-fnancing courses. In the promotion of teachers, they were used more as instruments to satisfy the populist demand. Affliation-related statutes turned out to satisfy the interests of powerful lobby. 36

UNIVERSITY GOVERNANCE

The purpose of this chapter on the governance of the university is to understand the real dynamics of power of the authorities. The concept of teacher-centric governance has been lost. This idea of university in governance could not be realized. This chapter examines how this happened.

Offcers of the University Role of Chancellor The Chancellor, Vice Chancellor, Pro Vice Chancellor, Financial Adviser, Dean Student Welfare, Proctor, Registrar, College Inspector and Finance Offcer are the main offcers of the university, as per the Patna University Act, 1976, and the Bihar State Universities Act, 1976, section 8. Their appointment and functions are dealt with in sections 9–17 of the said acts. In the Acts, the Chancellor has enormous power to inspect the university and give assent to statutes, ordinances and regulations. Some of the changes made in the Acts as a result of additional powers effected through ordinance may be made. For example, the Chancellor has acquired, through changes made in the acts from time to time, the power to call for explanation from any teacher or offcer of the university, direct the Syndicate and Academic Council, review or annul any proceedings or order, transfer teachers or offcers of the university to any other university,1 and issue any direction to the university which he or she considers ft. It may be mentioned that there has been a deteriorating law and order situation in the university, a shortage of teachers and non-teaching employees, a lack of resources, defcient infrastructure and rising cases of complaints and grievances on the part of students and employees of university. The Vice Chancellor has not succeeded in calling meetings of Senate and Syndicate in a timely and effective way, making statutes and regulations to give effect to the guidelines and regulations of the University Grants Commission (UGC). Under such circumstances, there has been a tendency to centralize power at the level of Chancellor. The offce of the Chancellor has been framing statues, ordinances and regulations so as to uniformly apply them to all the universities. For example, it has made statutes for the recruitment of Assistant Professors in all the universities of Bihar. It has been approving the ordinance and regulations for the introduction of selffnancing courses by the university. The offce of the Chancellor has been calling meetings of the Vice Chancellors and Registrars of the universities over their compliance in various aspects. Prominent among them are the inspection of all B. Ed. colleges, the keeping of a daily attendance report for teachers2 and the review of the appointment of lecturers in affliated colleges. It has powers to review the courses running without approval, examine the status of the regular conduct of senate, syndicate academic council and accreditation status of the colleges.3 37

UNIVERSITY GOVERNANCE

It may be noted that seeking a daily teachers’ attendance report by the state government or Chancellor’s offce indicates that university has failed to ensure the attendance of teachers. which is the basic function of the university. The university has lost credibility and trust as to whether it will be able to ensure the attendance of teachers. It means that something is wrong with the university itself. A question here arises: If the university is not functioning well, what should be the real course of action so far as the governance of universities is concerned? The direction in which the efforts by the state government seem to be proceeding is that of centralizing the powers and functions of the universities in the name of a higher degree of effciency and transparency. With the centralizing powers, the thinking is that the university has failed to ensure effective functioning and perhaps it will never do so in the future. The faith in the effcacy of the functioning of universities in the state has dwindled. Perhaps an implicit assumption in this lack of faith is the following: (i) University offcers and teachers are not responsible enough to enjoy autonomy, (ii) universities are susceptible to the pressures of various interests and (iii) the democratization of the decision-making powers at university level is not desirable as there are political dangers involved in it. Hence, universities are being subjected to control through the centralization of power and functions in the state. The fault in the above line of argument is that centralizing the powers and functions of the university at the Chancellor level or at the state level and making university less functional in terms of taking decisions goes against the very idea and the structure of the university. If the university fails to perform, we need to understand why it has failed to perform. There should be an all-out effort to strengthen the very structure of the university by understanding the causes of a weak structure that repeatedly fails to perform rather than centralizing the powers and functions of the universities. It needs further examination as to why the activism that the role of Chancellor has assumed in the governance of higher education in Bihar may not succeed in improving the functioning of universities. The Chancellor’s repeatedly asking for daily attendance reports and the introduction of biometrics for teachers will not sort out the basic problem the university suffers from. In the frst case, the university may either give fake reports due to the fear of protests from local teachers, or even if it reports correctly and action is taken by the Chancellor, the fear factor may simply ensure attendance. It may neither improve governance by full attendance nor improve the quality of instruction. In fact, the Chancellor’s offce, however hyperactive it is in terms of meetings, circulars and compliance reports, cannot govern through remote control unless the basic problems of the university are addressed and teachers and employees of the university are treated with trust and confdence. 38

UNIVERSITY GOVERNANCE

It would be important to recall that the offce of Chancellor is not free from political interests. The Governor of the state is appointed by the President on the recommendation of central government. The Governor may not have enough credibility as educationist. The role of the Governor is sometimes to please the central government and sometimes the state government, depending upon his personal loyalty and interests. The practice of Governors heading the universities of a state in India as Chancellor is a British legacy. The Chancellor would work in the imperial interest to shape the functioning of the university within its autonomous character, where the Vice-Chancellor, being nominated by the imperial power, was also a person of the highest academic reputation. Universities, being small in number during the British period, did not face many problems as in the case of politically independent India with respect to the role of Governor as Chancellor of all the universities in a state. The functioning of the offce of Chancellor has been controversial in recent past. It has centralized the functioning of university at the level of the offce of Chancellor. On the other hand, it has been in the controversy with the state government on matters relating to the appointment of vice chancellor in different universities of Bihar. An example of a tussle between the Bihar government and Raj Bhawan over the appointment of the Vice Chancellors of six universities in Bihar in 2011 may be cited. The Accountant General, in his inspection report, has said that the appointments made by the Governor were irregular. Two reasons were given: 1) The appointments were made without consultation with the state government, who also repeatedly denied having been consulted; and 2) The persons so appointed were facing criminal charges and used favors for appointment (NDTV News report, dated July 10, 20124). The matter was sub judice for a long time, and that period saw the expulsion of Vice Chancellors on the court’s directive. The acts of the University of Bihar and Patna University were amended in 2013 to incorporate the UGC guideline for appointment through the search committee. Ironically enough, two of the Vice Chancellors so appointed in 2014 through the search committees were later removed on charges of grave fnancial and administrative irregularities. Even the search committee could not appoint persons of impeccable character. The question, therefore, is whether the offce of Chancellor, which is not free from political interests, be assigned such enormous responsibility with respect to the appointment of the Vice Chancellor. It would be important here to note the recommendations of the Gnanam Committee on the governance of universities, which gave its report in 1990, and the model draft act of the Madhav Menon Committee, constituted by the Government of Bihar in 2014. The Gnanam Committee was of the view that on the pattern of central universities in India, the role of the Governor of a state should be that of a Visitor who should consult with the state government, the State Council of Higher Education and the Chairman of the UGC in exercising the powers vested in him as Visitor. The Visitor should 39

UNIVERSITY GOVERNANCE

not be an offcer of the university. Besides, the Chancellor should be an academic person of eminence, to be appointed by the Visitor to each university on the recommendation of executive council for a term of three years. The Chancellor should preside over the Board of Management or such other bodies. The Gnanam Committee recommendations have not been implemented even after over three decades. In 2014, the Madhav Menon Committee (MMC) came out with the model draft act of universities in Bihar. The salient features may be noted. The model draft act of the Madhav Menon Committee, appointed by the Government of Bihar, is in agreement with the Gnanam Committee’s recommendation that the Governor be a Visitor at all universities. The Visitor will have the power to review the progress of work, have an inspection done on receiving the complaint, call for any information, and seek advice from the State Higher Education Council. The Gnanam Committee in its model draft act has also suggested a State Advisory Board on Higher Education to be chaired by the State Education Minister of Higher Education. The State Advisory Board on Higher Education shall be an advisory body of the Government and would be independent of the State Higher Education Council, which has executive functions. According to the model draft act, the Chancellor shall be the Offcer and the Head of the university to be appointed by the Visitor (Governor) of a State on the recommendation of the Board of Management. The Chancellor has also been given some powers with respect to the acts and statutes made. The Chancellor shall have the following powers, namely (a) to appoint and remove the Vice Chancellor; (b) to call for any information or record from the university and its offcers; and (c) such other powers as may be conferred by the statutes. We need to analyze the present role of Chancellor (Governor) in the governance of the universities of Bihar as well as the recommendations of the Gnanam Committee and Madhav Menon Committee. In principle, the role of Chancellor should be minimal and he or she should have emergency powers only to preserve the autonomy of the university. However, the complex situation that universities in Bihar face today cannot be ignored. Universities have to comply with frequent changes in the regulations of UGC by incorporating changes in statues and ordinances. Hence, it is necessary that a statelevel authority should be involved in the framing of statutes and ordinances for all universities in consultation with the universities concerned. At present, such a role is performed by the offce of Governor as Chancellor. With all other activities being performed, as noted above, the Chancellor’s role has been that of a maximalist. Keeping in view that the post of Chancellor (Governor) is also not a neutral one and is infuenced by the political considerations, it is fair to say that the role of Chancellor should be restricted and much of the functions performed by the Chancellor should go to a professional state-level body which should be empowered by act to co-ordinate 40

UNIVERSITY GOVERNANCE

the functioning of universities. The Chancellor, at present the Governor, should be restricted to the role of Visitor with the emergency powers. In our view, the role of Chancellor as defned in the Madhav Menon Committee is also not very useful. However, the State Council of Higher Education (SCHE) at the state level should have powers to co-ordinate the functioning of universities in Bihar in line with the policies of state government. SCHE should, however, remain at arm’s length from the government and university. Like the UGC at the national level, it should also have the responsibility to give developmental funds to the universities. To conclude, it would be desirable to have the offce of Chancellor of the universities of Bihar free from “high authority” thesis under which Chancellor obtains almost absolute power in nearly all the functions of universities. The position of high authority may be easily abused in the absence of checks and balances. The powers of the offce of Chancellor should be restricted to giving accent to statutes and ordinances. There are two ways in which the governance of universities in Bihar can be directed: (i) Decisions should be taken by the democratic bodies of the universities and should be fnal. This is required to preserve the autonomy of universities. Hence the Visitor of the university should be the Governor of the state. (ii) There should be a state level Higher Education Council. This is already in existence for the purpose of implementing Rashtriya Ucchhatar Shiksha Abhiyan (RUSA). SHEC should be given the important role of co-ordination with central government, the UGC, all universities in Bihar, and state government. The body should be vested with the responsibility of uniform statutes, ordinances and regulations, as far as is practicable. The composition and functioning of SHEC should be carefully discussed and this body should be established by an act of legislature. Vice Chancellor UGC regulation on Minimum qualifcation 2018 notes that Vice Chancellor should be an academic person with ten years’ experience as Professor. One of the members of the search committee for the selection of Vice Chancellor has to be nominated by the Chairman of the UGC. The Visitor/Chancellor shall appoint the Vice Chancellor from the panel of names recommended by the Search Committee. The process of the appointment, functions and removal of the Vice Chancellor of the universities in Bihar is given in sections 11–13 of the act of the universities in Bihar. There have been controversies in the recent past on the appointment of Vice Chancellors and hence it needs to be analyzed. The selection of the Vice Chancellor and Pro Vice Chancellor at Patna University and other universities of Bihar is initiated as per the procedure laid down under the new ordinance in 2013 and incorporated in the University Act, 1976.5 The Selection cum Search Committee (SSC) is constituted by 41

UNIVERSITY GOVERNANCE

the Chancellor. The nationwide advertisement is issued and applicants are screened. The screened candidates are interviewed by the SSC. A panel of from three to fve selected candidates is sent to the Chancellor, who selects among the panel a name in consultation with the state government. An offer of appointment is then sent for a period of three years. The appointment of the Vice Chancellors of all the universities in Bihar was made in 2014 for a period of three years. The SSC procedure, as per the 2013 ordinance, is an improvement on the previous method, whereby the Chancellor’s offce, with or without consultation with state government, used to choose the Vice Chancellor and which gave rise to judicial cases and created a lot of confusion. The Supreme Court had in 2013 quashed the appointments of all Vice Chancellors and Pro Vice Chancellors made during the tenure of the former Governor Devanand Konwar. An element of arbitrariness is reduced in the new method of selection of Vice Chancellor. However, if some members of the SSC themselves suffer from ‘fraud charge,’ the selection cannot be said to be impeccable. In fact, two Vice Chancellors were removed by the Chancellor in 2016 when it was found that one did not fulfll the requisite qualifcation prescribed for the Vice Chancellor and another was involved in fnancial irregularities. Thus, even the SSC procedure may suffer from personal bias and may suffer from favors. Merit may not become the sole factor in selection. Unless the Chancellor’s offce sets out the mechanism of selecting the most competent person as the Vice Chancellor and Pro Vice Chancellor, any attempt to improve governance will fail. In the past, the process of the Vice Chancellor’s appointment has been thoroughly discredited based on caste and political equation and political favors, and the process needs to be based on objective and impartial considerations. The appointment of a Vice Chancellor of high integrity, academic reputation and administrative acumen is the frst condition of good academic governance, where the faculty members are driven by high moral standards rather than through a maze of rules and regulations. S/he should be respected by all for his/her knowledge and behavior rather than position. S/ he should be a person well respected outside the university. Even Ministers and the Chief Minister should value him or her and recognize him or her in the public as a person of high moral standards. It has been claimed that in the past there were Vice Chancellors of Patna University who would not visit the Minister. There is an element of truth in ‘high morality thesis’ in the appointment of Vice Chancellor. High morality and knowledge should be the yardstick of selection, and s/he must command the confdence of the highest legislature, executive and even judiciary. The Gnanam Committee notes that the search committee should include a representative from the executive council (syndicate), the Visitor/Chancellor and a representative of the UGC Chairman. It also suggests that a Judge be a member of the search committee. The term of appointment should be 5 years. The Vice Chancellor should have suffcient powers and should 42

UNIVERSITY GOVERNANCE

have also powers to appoint administrative staff, which, however, was not accepted by the CABE Committee when it examined the recommendations of the Gnanam Committee. The Madhav Menon Committee, in the draft act, 2014, prescribes that the search committee should include two nominees of the Board of Management (an apex body of small group to govern the university, substituting Senate/syndicate) and one of state government. It does not suggest the nominee of the Chancellor. Looking at the track record of Vice Chancellor selection over two decades, it is clear that the search committee procedure has not succeeded, although the arbitrariness has been reduced. Experience shows that members of the search committee suffer from biases and yield to the centers of power they represent. The offce of the Chancellor and the state government involve powerful bureaucracy, and central government ministers seem to have infuenced the decision through the search committee members. If the UGC Chairman gets the authority to nominate members of the search committee then it will be all the worse, because there will be another power center which will exert pressure in the appointment of Vice Chancellor. The question is: Can the old glory of the post of Vice Chancellor be revived today? It seems diffcult as the principle of co-operation and contract implicit in the theorization of democratic state, which is also based on high moral standards, has been questioned in the real political process. Any position of power, political or executive, even in a democratic state, requires a deliberative process where rational argumentative procedure is necessary, and if this is absent, then the decision is bound to be negatively infuenced by subjective considerations. Hence the appointment of Vice Chancellor requires more deliberation and a consensus rather than being decided by a closed-door meeting of the search committees and then decided by the Chancellor in consultation with the state government. What could that deliberative process be? In our view, Judges of the court, scientists, experts, teachers, students and guardians should all be made parties in that deliberation process. A mechanism may be evolved to allow such deliberation to select the Vice Chancellor of a university. The Senate of the university should create such a deliberative process and recommend names to the Search cum Selection Committee. The Committee may have informal meetings and select a person. To remove arbitrariness, the Chancellor may issue a formal invitation to him or her to join the university as the Vice Chancellor.6 Registrar The Registrar, under the amendment made in 1995 of the Patna University Act, 1976 and all other universities of Bihar, is appointed by the Chancellor. He or she may also be transferred to any other university by the Chancellor. Through various amendments made in the act, the power of the Registrar 43

UNIVERSITY GOVERNANCE

was curtailed in 1994 and s/he is made to act much on the ‘desire’ of the Vice Chancellor. Prior to 1995, the post of Registrar was to be flled by BPSC, and later, with the establishment of University Service Commission (USC), s/he was to be appointed by the USC. The selection committee of the university, through an ordinance made in 2008 and later incorporated in the Patna University Act, 1976 and the acts of other universities, is empowered to select offcers other than ViceChancellor, Pro Vice-Chancellor and Registrar. Hence, the selection and appointment of Registrar continues to remain at the level of the offce of the Chancellor. It was convenient to appoint a Registrar on a ‘temporary basis’ after being approved by the Syndicate and the Chancellor. This is becoming a practice at universities in Bihar in general and at Patna University in particular. For example, Dr Sanjay Kumar Sinha was appointed Registrar of Patna University, on the Vice Chancellor’s proposal, by the Chancellor in 2016. After a difference of opinion, he was removed in 2017 and the assent of the Chancellor was obtained. In his place, the appointment of Registrar was once again made on ad hoc basis and not through the selection committee. The Registrars of the universities of Bihar were under severe strain with the deteriorating governance of universities and stricter monitoring of the roles and functions of Registrars by the offce of the Chancellor. Many a time the offce of the Chancellor expressed displeasure on the nonfulfllment of the directions of the Chancellor related to academic and examination calendar follow up, biometric attendance of teachers and non-teaching employees and implementation of a choice-based credit system. It was then concluded by the state government that much of the failure is the result of the lack of administrative acumen among the academic persons appointed as Registrars. The amendment made in all universities of Bihar and that of Patna University then provided for the appointment of retired administrative offcers as Registrars of the universities of Bihar in 2017. Subsequently, the move to appoint retired army personnel was taken by the then Chancellor in 2017. In a very recent move, Satya Pal Malik, the then Governor-cumchancellor, appointed 10 army personnel as new registrars of universities in April 2018. Out of 12 universities where regular registrars were appointed, 10 were from an army background, having held the rank of brigadier and colonel. The idea in appointing army personnel is to streamline the varsity’s functioning. The argument put forward in favor of their appointment is that they are strict and also detached from the university’s functioning. Earlier, it was observed that when university teachers or offcials became Registrars, charges of favoritism and fnancial irregularities at the universities surfaced against them. This very idea assumes that the governance issue in higher education is considered as a law-and-order problem. It also assumes that

44

UNIVERSITY GOVERNANCE

everyone from within the system of higher education necessarily falls victim to nepotism. None of these assumptions are true. Someone who is from within the system of higher education has, on the other hand, the advantage of being sensitive to issues of academics – teaching and research. We learnt of a real incident at a university in Bihar where an army personnel was working as Registrar. The head of the postgraduate department informed us that the Registrar was so insensitive in forwarding a letter relating to research collaboration that he had to be tough in dealing with the Registrar and getting a letter forwarded from the university. The Gnanam Committee is in favor of having more than one Registrar. However, the CABE Committee did not favor this and wanted to have only one Registrar at any university. They also recommended tenurial appointment for 5 years only, preferably through open selection. The Madhav Menon Committee in the 2014 draft model act notes that the appointment of the Registrar shall be made by the Chancellor, not the Governor as Visitor, on the recommendation of the Board of Management. The Registrar of a university is an important position. If this position is made vulnerable in the above manner, s/he may not be able to make fair decisions. It would, therefore, be desirable that the Registrar be appointed through the selection committee procedure as per UGC regulation at the level of the university, and that any ad hoc practice to appoint a Registrar by the Vice Chancellor should be immediately stopped. The present practice of having the Chancellor offce appoint the Registrar should be discouraged for the simple reason that the Governor’s offce of Chancellor is fundamentally not an appointing offce. Therefore, the offcers of the university, other than the Chancellor and the Vice Chancellor, should be appointed by the university-level Selection Committee or the State-level University Selection Committee. Financial Advisor and Finance Offcer There are presently two posts – Financial Advisor and Finance Offcer – for the control and regulation of the fnances of the university. The Financial Adviser shall be appointed by the Chancellor for 3 years from the Indian Audit and Accounts service or other account services of the Government of India. The concurrence of the Financial Adviser is necessary for any proposal involving fnancial outlay. The responsibility of Financial Advisor spans across all fnancial matters of the university. Since 1982, the act provides for the post of Financial Advisor, who is the senior offcer in the hierarchy of the university’s offcers after the Vice Chancellor and Pro Vice Chancellor. There is also the provision of the post of Finance Offcer, who is almost equivalent in rank to the Registrar in the universities in Bihar. Although both the posts have been operational in the universities, there

45

UNIVERSITY GOVERNANCE

is no reason why the Financial Advisor should continue once the post of Finance Offcer already exists. Other Offcers of the University The Bihar State University Act 1976, as amended in 1995, provides for three other offcers of the university. They are the Dean of Students’ Welfare, the Proctor and Inspectors of Colleges and the Co-ordinator of the College Development Council. The roles of these offcers of the university are vital in the internal governance of the university. The offcers shall be appointed by the Vice Chancellor from amongst the teachers. Dean of Students’ Welfare Section 16 of The Bihar State Universities Act, 1976 notes that the Dean of Students’ Welfare shall be appointed by the Vice Chancellor for a period of 2 years from amongst university professors, Readers or Principals. As per the statutory provision, the Dean of Students’ Welfare shall guide the activities of the Executive Council of the Students’ Union of the university and colleges, establish student guidance and counseling, encourage social and cultural activities, take steps for instituting scholarship, provide proper amenities in the hostel and promote extracurricular activities. Among the functions noted above, the conduct of elections of the Students’ Union is a challenging task as the elections are fought on political lines and it creates a law-and-order problem on the university campus. The Students’ Union becoming another power center within university is not a welcome idea amongst the administrators of the university. Battling with meager resources, the Dean of Students’ Welfare fnds it diffcult to deal with them in terms of meeting the demand. With the dwindling resources of universities and colleges, student welfarism takes a back seat in university governance. Proctor The Vice Chancellor shall appoint the Proctor from amongst such teachers of the university as are not below the rank of Reader, for a period of 2 years. As per the statutory provision, the Proctor is responsible for maintaining discipline among students. As noted above, maintaining discipline among students is a political issue. There is demand for various provisions, facilities and academic activities which may have its rationale but sometimes it is in the nature of concessions. For example, the demand for drinking water facilities may be quite genuine. However, the use of unfair means backed by a set of students not interested in academic development may not be

46

UNIVERSITY GOVERNANCE

justifed. Such contradictory demands may create the problem of indiscipline, which the offce of Proctor would fnd diffcult to handle, given the resource crunch that universities in Bihar face. Co-ordinator of College Development Council (CCDC) The statutory provision was made in 1982 for a College Development Council (CDC) in all the universities of Bihar. As per the statutes (no. BSU32/82-716 GS (1) dated March 27, 1982, of the universities of Bihar, the CDC shall ensure proper planning and integrated development of colleges (constituent and affliated). The CDC shall provide necessary help and guidance for the all-round development of standards of education. The CDC is supposed to serve as a vital link between the UGC, university, college and state education department. It is supposed to serve as a link between the university department and colleges and promote standards of education in colleges. To achieve above objectives, the CDC shall perform functions such as developing policy for planning and integrated development of colleges, surveying all colleges, advising the university on the development of colleges and policy towards affliation of colleges, assessing the impact of UGC grants utilized by colleges, reviewing the inspection reports, etc. It shall also meet at least twice in a year to review the implementation of various programs. The Vice Chancellor of a university shall be the Chairman and Co-ordinator. Co-Ordinator College Development Council (CDC) shall be the member Secretary. It is a large body of 31 members having representation from university offcers, professors of postgraduate departments, principals of colleges, academic councils, syndicate and state education departments. The position of CCDC is an important position for the development of constituent and affliated colleges. Most of the affliated colleges, being run by the private management, are not the focus of development by the CCDC. Developmental activities pertain to UGC program implementation in constituent colleges. Implementation of vocational courses, introduction of new courses and syllabus modifcation are the issues of supervision by the CCDC. In a meeting of CCDCs on June 19, 2019, at the Chancellor’s offce, the direction was given to constitute a Research Development Cell in each university in view of low research activities in the universities of Bihar. In a similar meeting at the Chancellor’s offce on January 16, 2019, it was emphasized that the accreditation of all colleges, the offering public utility courses in universities, the updating of libraries and making laboratories functional, the availability of toilets for girls and the engagement of guest faculties should be expedited. In spite of several directives from the Chancellor, the planned development of colleges on an annual basis suffers due to the serious resource crunch.

47

UNIVERSITY GOVERNANCE

Inspector of Colleges The Inspector of Colleges (Arts) and Inspector of Colleges (Science) are two statutory positions in the hierarchy of offcers in the university. These positions are equivalent to the Registrar of the university. The main responsibility of the Inspectors of Colleges is to prepare inspection reports for all colleges on a regular basis. Their roles become important when the proposer of a college submits an application to be affliated with the university. It is the responsibility of the Inspectors of Colleges to inspect the colleges and submit the report to the Vice Chancellor. After the submission of the report and its approval for recommendation with respect to affliation by the different statutory bodies of the university, the proposal for the affliation of colleges is sent to the state government. It was pointed out that many a time state government makes undue delay in the grant of affliation of colleges to the university. At times, the university also fails to submit the report after following the due procedure. It creates huge problems for the university as the aggrieved party approaches the court and matters relating to affliation become sub judice. Universities then act on the directions of the court. Court intervention is necessitated by a lack of co-ordination between the university and the state government and creates problems of governance insofar as the affliation of colleges is concerned. It is interesting to see the minutes of the meetings convened on October, 26, 2018, and January 9, 2019, at the Chancellor’s offce at Patna. In the former meeting, the Inspectors of Colleges were described as watchdogs of the higher education system in Bihar. The Chancellor’s offce expected that no students should be admitted to a college without the approval of the University. Utmost caution should be taken in the affliation of B Ed colleges. Inspectors of Colleges were further directed to see that the uploading of photographs and teachers’ engagement in classes in the B Ed post is properly done. They were asked to submit proposals for the disaffliation of colleges not confrming to the terms and conditions of affliation, including the land requirement.7 In the second meeting held on January, 9, 2019, it was noted that none of the above directions were followed. They were further directed to inspect the colleges with respect to the academic functioning and facilities of the colleges, including biometric attendance of teachers. NAAC accreditation, rationalization of teachers and posting in the colleges with severe shortage of teachers and ensuring the payment of salaries to teachers in the affliated colleges were some of the additional points to be ensured by them.8 Among other offcers of the university are the Development Offcer, Budget and Accounts Offcers, Controller of Examination, Deputy Registrars and Assistant Registrars. Whereas the role of Development Offcer is to prepare the development plans of the university, the Budget and Accounts Offcer is responsible for the preparation of budget. The Controller of Examination 48

UNIVERSITY GOVERNANCE

has the huge responsibility of conducting examinations and declaring the results. The Deputy and Assistant Registrars are assigned the responsibility of establishment of related matters of university. Role of Offcers in the Governance of the University It has been noted here that in the governance of the university, powers are being centralized at the level of Chancellor and the state government. The centralizing tendency in governance may be traced to failures in the functioning of the university. The centralized directives are imposed on the offcers of the university without taking into account the real constraints at university level. This is exemplifed by the fact that in the state of Bihar, the offce of the Chancellor is hyperactive in terms of meetings of the offcers of the university. The directives of the Chancellor then become imposed upon the offcers of the university. Universities being deprived of resources, human and fnancial, and their weak structure make it diffcult for them to fulfll the imposed mandates. It is important to understand the elements that are responsible for the weak structure of the university.

Authorities of the University Authorities of the University: Senate, Syndicate and Academic Council The authorities of the university as per Patna University, Act 1976, section 18 are the Senate, Syndicate, Academic Council, Faculties, Examination Board, Finance Committee, and Planning and Evaluation Committee. In the context of the governance of higher education, the role of the Senate and Syndicate as the authorities of the university needs to be analyzed. Senate Under the provisions of Articles 19–22 of the Patna University Act, 1976, the Senate is the supreme governing body of the university. It exercises control over all the affairs and properties of the university. It has the power of making the statutes, approving the annual reports and accounts and exercising powers for the purpose of control in colleges. In terms of the members, it has representatives from the Chancellor, government, legislative assembly, legislative Council, elected teacher representatives, non-teacher and student representatives, heads of university departments and principals of colleges. The size of the Senate in terms of members, as posted on the website, is 118 as of September 8, 2018.9 The composition of senate of Patna University is as follows: Ex-Offcio 19(1) – 7, Ex-Offcio Dean faculty – 6, Ex-Offcio Head of the Department – 29, Ex-Offcio Principal – 11, Ex-Offcio member 49

UNIVERSITY GOVERNANCE

– 1, Life Members Previous Vice-Chancellors – 7, Life Members Donor – 1, Representative MLA – 8, Representative Members (Legislative Council) – 4, Teacher representatives – 10, Other Members – 6, Employees Union – 1, Patna University Student Union – 5 (Vacant), Chancellor Nominee – 3, Vice Chancellor Nominee – 2, Sports Council Player – 1, Chancellor Nominee (Graduate) – 1, SC/ST – 2 (Vacant), OBC – 1, State Government Nominee – 1, Syndicate Members – 17. As per the statutory provision, it shall meet twice a year. In the case of Patna University, every year, one meeting of the Senate takes place. There are 129 members in the Senate as of November 8, 2019, 74 members in 2017, 80 members in 2016, and 85 in 2015. The conceptualization of the Senate as the authority of the university has been made with a view to imparting decision-making through a democratic process. The university is accountable to the students, teachers and nonteaching staff, legislators and such other bodies of the society who have concern for the university. From this point of view, the large size of the Senate is said to be justifed. The Senate is the policy-making body through the deliberative process. It must give future directions to the university in fulflling its role in a changing context. It must, however, be mentioned that if the members of the Senate do not have academic concern and if the process of deliberation is dominated by certain interests, then it is quite possible that Senate may not evolve into a responsible authority of the university. During interview, various issues surrounding Senate were raised: 1. The Senate represents a large political community who may have little understanding of academic matters. 2. The Senate is a large body consisting of heterogeneous persons who normally do not show interest unless any decision affects them directly. 3. It is almost impossible to review the functioning of the university in the short time span of the meeting. The meeting ends without discussion on many items and proposals are deemed to have been passed. 4. The Senate is considered a noise-making body rather than a voice-making body. It disrupts rather than constructs (that is, rather than leads the university in the right direction). 5. As a matter of practice, it is found to be diffcult to convene the meeting of the Senate even once a year. The above views were also countered in some of the interviews. It was noted that the university must function on the basis of a democratic ethos. Some of the inconveniences caused to academic persons raised by the political representatives may actually be in the interests of society. Universities are becoming isolated from society, and this isolation is dangerous. If the Senate does not represent larger interests then the university may further be reduced

50

UNIVERSITY GOVERNANCE

to an academic institution, sans societal concerns. Hence it is necessary to strengthen the institution of the Senate in a university. The Senate-like body of Cambridge University, called The Regent House, has more than 3,800 members, including university offcers and Heads and Fellows of Colleges. The Congregation is the sovereign body of Oxford University and acts as its ‘parliament.’ It has just over 5,000 members, including academic staff; heads and other members of governing bodies of colleges; and senior research, computing, library and administrative staff. In US universities, on the other hand, there are trustees who are responsible for giving directions to the university under the leadership of the President of the university, and internally there is the model of shared governance. The size of the Board of Trustees is not huge. Thus, we have both the successful models: 1) In the UK, where the Senate, variously called, is a large and democratic body; and 2) in the US, where there is a Board of Trustees, which is smaller in size and gives directions to the university. In the Indian case, the Senate needs to be rationalized in terms of size. Members to be nominated should have a genuine interest in academic issues. The political and government representation should not be very large. Any substantial donor may be considered to be a member. The quality of deliberation in the Senate should be high. The duration of the meetings should be increased. The Senate should also be the highest policy-making body. Meeting should not be ritualistic. The decision of the Senate should be fnal, and the Chancellor who fails to preside over the meeting of the Senate, as required under the provision of the Act, should not have arbitrary power in matters relating to the decision of the Senate. Finally, it depends upon the leadership of the Vice Chancellor to make the Senate an effective body which can give direction to the university. The dominating power of the Chancellor needs to be reversed and that of academic, social, legal, and industrial persons and donors increased. Syndicate Under the provisions of Article 23–24 of the Patna University Act, 1976, the Syndicate is the main executive body responsible for the effective functioning of the university. It has the power to regulate all matters concerning the university. As compared to the size of the Senate, the size of the Syndicate in terms of members is small and is presently restricted to 20 as of September 18, 2018. The members of the Syndicate are academic and administrative persons having representation from both the government and Chancellor. It is almost a body of internals for governing the internal affairs of the university. Ordinarily the meeting should be held once a month. It was observed that in 2018, six meetings of the Syndicate were held; in 2017, three meetings; and in 2016, four meetings. It is also important to note that

51

UNIVERSITY GOVERNANCE

government representatives rarely attend the meetings of the Syndicate. All important decisions and implementation of programs have to go through the Syndicate. The ordinance required for implementing reform measures has to be approved by the Syndicate. It has the power to determine and regulate all matters concerning the university. All decisions under the Syndicate have to be approved by the Chancellor and fnally ratifed by the Senate. At the practical level, the following issues relating to the Syndicate were pointed out. 1. The meeting of the Syndicate is not held every month. It was noted that there are not suffcient agenda items for a meeting every month. Ordinarily, the meeting is held once every quarter. 2. The discussion is normally not free from fear and domination of the Vice Chancellor, who happens to be the chief of all academic representatives.10 3. Sometimes the decisions of the Syndicate become controversial and are challenged by the Court on the grounds of irregularities being overlooked.11 4. Sometimes decisions made in the administration bypass the Syndicate.12 5. There is a long chain of Approval – Senate and the Chancellor. Recently, the university needed to implement reform measures initiated by the UGC. The Chancellor announced the ordinance, relating to such things as Ph.Ds. and the semester system, which was binding to all. 6. The ordinance for implementing reform measures should be taken up by the Syndicate only after proper consultation with the teachers of the departments and colleges. It was observed that with the shortage of teachers, any reform measures would be implemented half-heartedly and would have no outcomes that would be benefcial for students. 7. With the acute shortage of resources and permission of the government on all matters relating to recruitment, fnance and infrastructure improvement, the possibility of taking any initiative through the Syndicate is limited. The point to note from the above discussion is that the Syndicate needs to be a proactive body that can take quick decisions and implement them effectively. Though the diffcult fnancial situation prevents the Syndicate from taking a new direction, it is necessary that good ideas are discussed and given shape through the decision of the Syndicate. For example, ideas and suggestions to make the university technology friendly, to implement academic reforms, to strengthen alumni associations, to raise funds for the university and develop a corpus fund, to develop the capacity of teachers and give them the opportunity to participate in seminars and to incentivize publication are some of the areas in which Syndicate members need to think innovatively. 52

UNIVERSITY GOVERNANCE

The draft Bihar State Universities Act, 2014, proposed by the Madhav Menon Committee, notes two important authorities of the University – the Board of Management and the Academic Senate. As per the proposal, the Board of Management should be the highest body, consisting of 13 members, and the Academic Senate should consist of the Vice Chancellor, all Deans, seven principals, ten teachers, fve experts and the President of the University Student’s Union. In the proposal, the Board of Management should be the highest authority, and the Academic Senate should be the body that makes all academic decisions. The idea seems to introduce effciency in decision making by trimming the size of both the authorities of the university. During the course of discussion, too, the idea found favor among the administrators of the university. Such an idea, however, contradicts the democratic and inclusive principles behind governance. It is not a bad idea if the large body of the university deliberates upon the functioning of university once or twice a year. University leaders should use this opportunity to galvanize the different stakeholders for the development of university. Hence, the Senate and Syndicate must continue to be broad based in terms of membership. Academic Council The Academic Council is an important body that plans for improving the standards of higher education in the university. It has, by and large, remained moot spectator and has not been proactive in implementing desired changes based upon the experiences of other universities. It has been rather forced to implement some academic reform measures necessitated by UGC regulation. For example, when the UGC issued the Ph.D. regulation in 2009, for a long period, the Senate and Syndicate of Patna University did not make any acknowledgment. The UGC’s proposal to implement Ph.D. regulation was turned down by the university’s Academic Council, which argued that the UGC guidelines were not feasible for the varsity. The offce of the Chancellor had to issue a directive in 2011 to implement the same. Thereafter, the Academic Council passed the new regulation with some changes. In the past, it has adopted the semester system in the postgraduate departments and centralized admission tests for admission to undergraduate and postgraduate departments. In 2016, it was decided to establish three departments, namely, the Department of Biodiversity, Ecology and Sustainable Development; the Department of Studies in Securities and Investigations; and the Department of Food Safety and Quality. The Academic Council for the university is also introducing a Choice Based Credit System (CBCS) from the next session and is revising the syllabi for the programs accordingly. The point to note is that Academic Council has simply been reactive to changes introduced by the UGC. It has so far not been a proactive body driven by the internal desire of the faculty to upgrade the standards of higher education. The Academic Council needs to take measures for the capacity building of 53

UNIVERSITY GOVERNANCE

teachers, enlarging opportunities to participate in seminars and conferences, incentivizing the faculty to publish, motivating them to use technology in teaching and learning processes and instituting awards for good teaching, research or extension services by a teacher. Other authorities of the university managing internal governance in Patna University as of December 12, 2018, are the Faculties, the Departmental Council, the Examination Board, the Planning and Evaluation Committee, the Research Council, the Finance Committee and other committees such as the Post Creation, Absorption and Confrmation Committee (for teachers and offcers); the Approval, Seniority and Pay Fixation Committee; the Promotion Committee (offcers and non-teaching staff); the Students’ Residence and Welfare Committee; the Scholarship and Stipend Committee; the Study Leave Committee; the Library Committee; the Statutes Committee; the Press Committee; the Discipline Committee (for teachers, offcers and other staff of the University); the Admission Committee; the Students’ Discipline Committee; the Academic Calendar Committee; and the Sports Committee.

Tools of Governance: Statutes, Ordinances, Regulations and Rules The governance of a University is performed under the provisions of the Act. The Patna University Act, 1976, section 34–40 contains the provision for statutes, ordinances, regulations and rules which make it a dynamic social institution adapting to the needs and circumstances of the environment outside the University. Statutes are made for a number of purposes, such as the designations and powers of offcers of the University; the power, functions and duties of the authorities of the University; the establishment of colleges and hostels; the reservation of posts, etc. The Senate is empowered to make statutes, and the fnal assent is given by the Chancellor. The Chancellor has the power to frame statutes on any subject of common interest for the University after following the procedures laid down in the Act of the University. Ordinance is made by the Syndicate on matters such as admission of students, levying fees, the Constitution and the powers and duties of the committees of the University. Ordinance has to be approved by the Senate, and the Chancellor has to provide the fnal assent for it to be made effective. Regulation is made by the Academic Council, and through Senate it has to be approved by the Syndicate; fnal assent is obtained by the Chancellor. Regulations deal with matters such as courses of study, creation of departments of teaching in the faculty, mode of appointment and duties of examiners, constitution of the Examination Board and its powers, duties and functions. Rules deal with matters such as laying down the procedures to be observed at meetings and any other matters. It may be noted that, whenever necessary, statutes and ordinances are made for the effective governance of the University. The offce of the 54

UNIVERSITY GOVERNANCE

Chancellor is quite active in making statutes, ordinances and regulations which are binding on all the universities of Bihar. Instead of individual universities making statutes, ordinances and regulations, it has been the practice for the offce of the Chancellor to make uniform statutes, ordinances and regulations. This means that the role of the University is restricted, in many instances, to implementing decisions rather than to taking them. In many cases, in order to give effect to the regulations of the UGC, the offce of the Chancellor initiates the process of framing statutes, ordinances and regulations as per the procedure in order to bring uniformity to governance. The following issues are involved in the framing of statutes, ordinances and regulations. The making of statutes, ordinances and regulations and their fnal assent by the Chancellor is process oriented and democratic in theory, which assumes that at every stage, the participation of a large body of representatives in the Senate and Syndicate is ensured. In practice, however, not all the members of the Senate may be interested due to their varying orientations. It may be diffcult to resort to the democratic practice of seeking the views of every member. Decision making in the university with respect to any change revolves around the framing of frst statutes, ordinances and regulations. Being process oriented, this takes time, and sometimes even after many years, changes are not introduced in their absence. For example, Patna University has so far not introduced many changes which are required in the light of the sixth pay implementation during 2006–16. A glaring example is the introduction of the Assessment Performance Indicator (API) supposed to be necessary for promotion of faculty members. Patna University and other universities in Bihar are promoting teachers in violation of the UGC regulation of 2010, which stipulates the API to be a necessary condition for promotion. Many UGC regulations take a very long time to be implemented in Patna University due to the highly process-orientated mechanism of framing statutes, ordinances and regulations. If all the universities have to make separate statutes, ordinances and regulations, then the problem is compounded many times. To ensure the fast functioning of the universities, the offce of Chancellor has been given power to frame statutes and approve ordinances and regulations in a speedy manner subject to their fnal confrmation by the Senate of the universities. This, however, gives rise to top-down governance. If practiced frequently, its justifcation for immediate enforcement may have to be given. Statutes, ordinances and regulations may often have fnancial implications. As a result, consultation and approval of the state government is deemed necessary as per the provision of the Act. This delays the process. In many instances, the state government will not approve of any changes having any fnancial implications, and introducing change in the university becomes impossible. 55

UNIVERSITY GOVERNANCE

The UGC has been introducing many reforms in areas such as the credit system, semester system, internal evaluation, curricular structuring, competitive admission processes through tests, M Phil/ Ph.D. regulation, etc. Many such regulations, such as the semester system at undergraduate level, the credit system at all levels, etc. are not being enforced due to the complications caused by the framing of statutes, ordinances and regulations in a lengthy and process-oriented manner. If the challenge for the University is to adapt itself to the changing needs of the economy and society, then it has to evolve through a process of decision-making which is democratic as well as fast. If the meaning of democracy is the stamp and approval of the highest constitutional authority such as the offce of the Chancellor, then the framing of the statutes, ordinances and regulations through the procedure laid down in the Act becomes timeconsuming. The Senate is the large and democratic body, and the different orientations of the persons representing Senate do not make it possible to have interest-free discussion.13 As a result, in actual practice democracy is subverted and proposals are hurriedly passed for the fnal assent of the Chancellor. As the fnal approval of the Chancellor is obtained, it is said to have followed democratic procedure. In actual practice, neither the spirit of democracy is achieved nor is the decision taken quickly. As statutes, ordinances and regulations are normally framed with the purpose of having a common implication for all the Universities in the State, different universities lack a unique character, apart from that of the teachers, students, courses and values developed within a University. Common statutes, ordinances and regulations for the universities in the State present a highly standardized framework of the Universities falling within a state. As an alternative, the meaning of democracy may be suggested to be a deliberative one, whereby, within the advisory role of state, the functioning of the university is entrusted to deliberative processes within academia. Full participation of academia is ensured, and statutes, ordinances and regulations are framed by them and ultimately authorized by the state. Deliberative process will bloom and fourish when bottom-up governance is given greater space. Each university will grow with its unique strengths and opportunities. The role of state government is to provide advice and the fnancial limit within which a university has to operate. It assumes the highest level of autonomy and responsibility of academia functioning within a university.

Issues and Problems of University Governance There are number of issues and problems of university governance. Some of them have been resolved successfully and some still continue to exist. Issues with respect to the appointment of teachers are dealt with in Chapter 5. In this chapter, issues and problems concerning non-teaching employees will be presented. 56

UNIVERSITY GOVERNANCE

Non-Teaching Employees With respect to the appointment of non-teaching employees, the Act of the Universities of Bihar notes that no teaching or non-teaching post involving fnancial liabilities shall be created without the prior approval of the state government. The University does not have the power to either increase the pay or allowance attached to any post or to sanction any new allowance without the approval of state government. The Vice Chancellor, subject to the provisions of this Act, the statutes and the ordinances, has the power to make appointments to posts within the sanctioned grades and scales of pay and within the sanctioned strength of the ministerial staff and other servants of the university, not being teachers and offcers of the university, and has control and full disciplinary powers over such staff and servants. In the case of the absorption of employees in the constituent colleges, the government had agreed to regularize the services of those employees of the colleges, which had become the constituent colleges, only on the condition that their initial appointment in the erstwhile affliated college was done after following the due procedure and that too against the sanctioned post. From the above division of power between state government and university, it is clear that when state government sanctions the non-teaching post, the process of recruitment of the employees may be undertaken as per the statutes of the university. This also means that there should be co-ordination between the state government and the university. Whenever there is coordination failure, problems are bound to arise. The reasons for the failure of co-ordination could be many. The governance in the recruitment and appointment of non-teaching employees has been full of mismanagement, conficts, irregularity and lack of co-ordination between university and state government. The biggest problem has been with respect to non-teaching employees who were working in private affliated colleges and who were absorbed later in 1986 when the college was taken over by the government. The absorption of non-teaching employees into constituent colleges has not been not settled to date. There was another problem in the case of non-teaching employees who were working on ad hoc basis for years and decades in constituent colleges; such employees began to make claims for absorption into the university service so that they could get the benefts accruing to permanent employees. Ad hoc appointments were made in colleges as the government was not able to sanction posts as per the requirement of the college and there was no system of regular appointment for the sanctioned post. In some constituent colleges, the ad hoc appointment was in excess of the requirements, and such appointment on a paltry sum of money was made to favor persons in ad-hoc (temporary) appointment. This led to the problem of an imbalance between sanctioned posts and employees working in the institutions including adhoc employees. Sometimes, under the direction of university, the college 57

UNIVERSITY GOVERNANCE

will recruit employees to various posts and then the sanction of the post in a college will be requisitioned by the university to the state government. There are also problems of surpluses and defcits of the employees in the colleges as against the sanctioned position. Often, the government would make an agreement with the teachers’ federation which was not honored by the state government on some plea or other. Not Honoring the Agreement Between Non-Teaching Employees’ Federation and Government The Government of Bihar, Education Department, vide G.O. dated February 25, 1987, declared the non-teaching staff of universities and constituent colleges equivalent to government staff. On July 16, 2003, an agreement/ compromise was arrived at between the federation and the state government regarding parity between the employees of the constituent colleges and the state government. After the commencement of the Act of the universities of Bihar, no teaching or non-teaching post involving fnancial liabilities, the act notes, (i) shall be created without the prior approval of the state government; (ii) shall either increase the pay or allowance attached to any post or sanction any new allowance. On July 21, 2003, the state government sent the said agreement to the Vice Chancellors of all the universities of the State of Bihar for necessary action. In 2005, because of the non-implementation of the agreement arrived at, there was a strike by the teachers’ federation in the State of Bihar. Following the strike of the federation, on August 24, 2005, an understanding was arrived at between the federation and the Government of Bihar and the strike was later recalled. Since the agreement was not implemented, on July 1, 2007, the federation again went on strike, which led to the complete disruption of educational activities in the colleges and universities of Bihar. On July 17, 2007, a meeting was held between the representatives of the federation and the Government of Bihar, and an agreement/understanding was again arrived at on July 18, 2007, for consideration of their demands. Pursuant to the same, on July 19, 2007, a letter was issued by the government for implementation of the agreement, and the strike was recalled. In July 2008, again, on account of the non-implementation of the agreement/understanding, the federation was constrained to go on strike. Due to the indefnite strike of teaching and non-teaching staff of the Universities, on July 14, 2008, an intervention application was fled by the federation (R-5) in the Public Interest Litigation (PIL) before the High Court on July 28, 2008. After hearing the parties, the Division Bench of the High Court, vide order dated August 7, 2008, inter alia, directed the Chief Secretary, Government of Bihar, to ensure that the commitment given by the State Government to the federation, which had been put into writing on July 18, 2007, was honored and implemented within one month. The High Court also directed the federation to withdraw the strike immediately. On August 58

UNIVERSITY GOVERNANCE

22, 2008, an application was fled by the Government of Bihar for modifcation of the impugned order, which was also dismissed by the High Court. Aggrieved by the order dated August 7, 2008, passed by the High Court, the State of Bihar preferred the appeal by way of special leave petition before this Court. In the appeal, the state government argued that agreement was not valid as it was not in accordance with the Rules of Executive Business, State of Bihar, which are statutory rules framed under Article 166 (3) of the Constitution of India. In the order dated January 18, 2013, the court directed the state government of Bihar to implement the impugned order of the High Court dated August 7, 2008 within a period of three months (State of Bihar & Anr vs. Sunny Prakash & Ors 2013). Imbalance in the Sanctioned Posts and Employees Actually Working In many universities, the non-teaching employees are working. However, the posts against which they are working are not sanctioned by the state government. As a result, such employees are deprived of salary payment. For example, in Magadh University in 2012, 3,088 employees were working. The sanctioned posts were 3,255. The government was making a salary payment to only 2,565 employees. This is a peculiar situation whereby sanctioned posts are in excess of actual employees and the government is paying a salary to a considerably smaller number of employees than are working. Why does such a situation arise? The reason is that whenever posts become vacant after retirement, the posts are not flled up against sanctioned posts immediately as per the provisions of the university. The employees are recruited on a temporary basis and then are absorbed against the sanctioned posts. This creates a problem as the process of absorption may be arbitrary and the state government may not agree or give approval to the absorption. As a result, the state government has a much shorter list of employees on record against which it pays a salary (Qadir, 2012). Illegal Appointment by the Principal against Non-Sanctioned Posts The court observation in the appeal Sukhsagar Prasad and Others vs. the State of Bihar and Others aptly sums up the irregularity by the private management body of the affliated college: ‘In a number of matters before us we have come across cases where appointments have been made by the governing body of the colleges hurriedly upon throwing all norms to the winds after having come to learn the decisions of the state of Bihar to take over the management of the college’ (Sukhsagar Prasad and Others vs. the State of Bihar and Others, 1994). Many false cases of absorption of non-teaching employees have arisen due to foul play in the management of private colleges. Subsequently, government and the university have failed to settle the disputes in spite of apex court directives and the commission of retired judges 59

UNIVERSITY GOVERNANCE

which identifed all cases and claims of teaching and non-teaching employees in the 40 private colleges which were taken over by the government in 1986. There are problems of surpluses and defcits of employees in the colleges of Bihar. There are colleges where the sanctioned posts are greater than the actual number of non-teaching employees some of whom were not against the sanctioned post by the Government. Summary of Governance Issues of Vice Chancellors and Registrars of the Universities of Bihar The context of the judgment in Asha Sahay vs. the Vice Chancellor, Bhim Rao (2018) may be understood. The context is that one teacher was denied pension beneft in Bihar University and the case was referred to the Chancellor and also became sub judice. In the meantime, the employee died while the hearing of the matter was going on in the court. This was a serious issue as the person was denied justice while he was alive. The court observed that such a matter arose because of a lack of co-ordination between the Vice Chancellor, the Financial Advisor, the Finance Offcer and the Registrar. Court noted that as the subordinate offcers of the Vice Chancellor are appointed by the offce of the Chancellor, the subordinate offcers do not obey the orders of the Vice Chancellor. This leads to confict between the offcers of the university. This is the reason why pensions are not fxed, and in cases of dispute, the matter is referred to the Chancellor for petty reasons. This further delays the process. The lack of proper budgeting and non-fulfllment of utilization certifcates by the universities to the state government is yet another reason why delays occur in the payment of pensions. Hence fnally court in the oral order dated July 19, 2018, calls all the Vice Chancellors, Registrars and District Magistrates and the Superintendent of Police so that their problems be heard and the court could pronounce an appropriate order. In the tabular chart given here (Table 3.1), a summary of problems and orders pronounced are shown. A close perusal of the table shows the areas of governance failure in higher education in the state of Bihar. These relate to the lack of cooperation by subordinates of the Vice Chancellors, especially the Financial Advisor and Finance Offcer; disturbance on the campus and no action against the First Information Report (FIR) fled by the university; students fling allegation petitions against teachers with the demand to remove them; no statutory grants-in-aid to the University to meet some of the recurring establishment expenditure; a huge shortfall in internal resources due to free girls’ education; the issue of the disbursement of grant-in-aid to affliated colleges where the governing body of the college is in dispute; no approved statute for payment of retiral benefts; the problem of student/teacher absenteeism; the arbitrary transfer of academic staff; no competitive recruitment of Registrars, Inspectors of Colleges, Controllers of Exams, Deputy Registrars 60

Disturbance on the campus; various FIRs have also been instituted.

Vice Chancellor of T.M. Bhagalpur University

61

Financial Advisor of the university was misconducting himself fnancially and administratively. Security guard on duty only during offce hours.

Vice Chancellor of T.M. Bhagalpur University

Vice Chancellor of Patliputra University

Students fling allegation petitions against teachers with the demand to remove them.

Vice Chancellor of B.N. Mandal University

Vice Chancellors of Non-availability of adequate space Patliputra, Munger and for running their offce. Purnea Universities

Finance matters not disposed of.

Lack of co-operation from his subordinates, especially the Financial Advisor and Finance Offcer.

Vice Chancellor of J.P. University

Court Order

No multiple centers of power in the university. Within three working days, matter to be disposed of. Any violation would amount to willful and deliberate disobedience of the order of the court. Effective action not taken on Lack of effective action by the such FIRs. authorities in pursuing such FIRs shall also amount to disobedience of the order of the court. The matter should not be kept Urgent problems to be sorted pending for long, and further, out. Time frame to be fxed that even with regard to their with regard to completing infrastructure, the Government the actual exercise of should expedite the process of bifurcation of these creating their infrastructure. universities. Not supported by any affdavit. The university should develop a policy which entails that every person who makes an application has to support it with an affdavit. The incumbent has also The Vice Chancellor may represent, demitted offce. along with the entire documents, to the Hon’ble Chancellor. Vice Chancellor unable to move District administration to ensure around beyond offce hours, that at least one security guard is and the work suffers. provided to the Vice Chancellor around the clock. (Continued)

Result/Effect on Govt.

Vice Chancellor/Registrar Matters

Table 3.1 Summary of the Matters Raised by the Vice Chancellors and Registrars and the Court Orders

UNIVERSITY GOVERNANCE

62

Vice Chancellor of Patna University

Vice Chancellor of Veer Kunwar Singh University

Vice Chancellor of L.N. Mithila University

Vice Chancellor of Munger University

Table 3.1 Continued

Universities may put their demand justifying the same before the Government, which shall consider it in the light of statutory provisions as well as the justifability of such demand and then take a decision. Policy of no fees charged to all Drastic reduction in the internal Government has taken a policy female students. resources generated by the decision that whatever loss universities/colleges. is incurred by the university/ college concerned, the same shall be reimbursed by the state government. Disbursement of grant-in-aid to There is an undue pressure on It would be within the right of the affliated colleges where the the college to release the university concerned to withhold governing body of the college is grant. actual disbursement to the affliated in dispute. colleges if any dispute relating to the modality of such disbursement arises. Further clarifcation from the state government. An order from the State Appellate Tribunal may suffce. Concerning the system of transfer Change in the system of Orientation workshop to be held for of money in the Personal Ledger transfer of money causing all the Finance Offcers/Financial Account, the university is facing problems for the university Advisors/persons concerned with objections from the concerned administration. accounts of various universities, Treasury Offcer. where the modalities of working such a Personal Ledger Account shall be explained.

A decade ago, the statutory grants- Maintenance suffers. in-aid were being paid to the university, which helped them in meeting some of the recurring establishment expenditure, which has been discontinued.

UNIVERSITY GOVERNANCE

Problem of student/teacher absenteeism.

Retiring employees suffer due to lack of clear guidelines.

Pensioners suffer due to delay in payment.

63

Registrar of MMHAP University

Registrar of MMHAP University

Appointment of offcers such No competitive recruitment as Registrar, Inspectors of through BPSC. Colleges, Controllers of Exams, Deputy Registrars and Assistant Registrars. Shortage of Assistant Offcers. Teaching suffers.

Registrar of L.N. Mithila Negligence of duties of the offcers Loss of time of offcers. University if they have conferences/ meetings outside the headquarters of the universities. Registrar of Maulana Tenure-based academic Vested interests are served. Mazharul Haque appointments and transfers Arabic And Persian arbitrary. University Academic staff are permanently posted.

Registrar of Veer Kunwar Students/teachers prefer to attend Singh University coaching to the classes in the college.

Vice Chancellor of K.S.D. The university fnds it diffcult to Sanskrit University fle affdavit relating to pension cases. Vice Chancellor of No approved Statute for payment Nalanda Open of retiral benefts. University

Urgent need to direct the Bihar Public Service Commission/ Bihar State University Service Commission to appoint the teaching faculty. (Continued)

The transfers should be standardized, and tenure-based appointment of academic staff should be made for 3–5 years. Teachers to be transferred from urban to rural areas and vice versa. Suggestion was to have recruitment through BPSC/USC.

Pension cases of similar nature to be resolved through a common affdavit to the court. Offcer of the Education Department decided that retiral benefts shall also be payable to the employees of Nalanda Open University. District administration to ask coaching institutes to shift the timing of coaching so that classes in the colleges do not suffer. Meetings may be held via video conference.

UNIVERSITY GOVERNANCE

64

the court would only observe that the fnancial powers of registrars ineffciency in execution of work. the Government may consider the have been restricted from same objectively, as ultimately it university to university, varying would require amendment in the from no fnancial power to statute. a budget of a few thousand rupees. common internet portal for all the non-standardized portal exists. the process has been started and universities. a program has been developed which will become operative within a month or two. residential quarter for the Quarter is vacant and the quarter, along with its furniture registrar of the University has earmarked for the registrar and fxtures, both permanent remained vacant and locked up of Patna University. and moveable, if lying in the by the nit, Patna. premises of the quarter, shall not be removed or taken away by the nit, Patna. the registrar then shall be free to move in to the quarter after having it repaired, as may be required. Unable to fnd a permanent place Diffculty in settlement. the court may only observe that of residence. the Local District administration should help him in procuring a suitable accommodation, maybe to rent.

Source: compiled from the court order dated July 19, 2018 by the author; court order is available on https://indiankanoon.org/doc/34995659/ accessed on october 26, 2020.

registrar of Munger University

registrar of Patna University

registrar of MMHaP University

registrar of MMHaP University

Table 3.1 continued

University Governance

UNIVERSITY GOVERNANCE

and Assistant Registrars; a shortage of Assistant Offcers, etc. This is a whole gamut of issues relating to the problems of governance in higher education in Bihar.

University Autonomy and State Government The Gnanam Committee (1990) favors the autonomy of universities. The Yashpal Committee (2011) notes the self-regulating character of universities. Ideally, autonomy should go hand in hand with the state funding of the university. Universities will function in terms of acts, statutes, ordinances and regulations. Acts and statutes defne the various offcers and their functions. They defne the role of statutory authorities and the manner of their functioning. Universities must function within the broad contours of acts and statutes. In practice, universities in Bihar have not evolved into autonomous and self-regulating organizations. The central government, the state government and regulatory councils have controlled and regulated universities in India. In the case of state public universities, the role of state government has been important in providing certain directions to it. It is the responsibility of state government to shape universities in a manner that supports the Constitution of India. In other words, the university must impart quality education, it must be truly inclusive, it should develop citizens that respect the democratic fabric of the nation and it must protect the secular fabric of the nation. It is with these broad aims and objectives that the role of state government in the development of universities must be assessed. First, it is the responsibility of the state to provide funding to the universities. An assessment of public funding to the universities is separately examined in Chapter 7. Second, the state must ensure that the university is an inclusive space both in terms of students and teachers, who should be representative of varied classes, castes, sexes and regions. In university and college campuses, there should not be discriminatory practices. This is discussed in Chapter 5 on teachers and Chapter 8 on students. Third, it should ensure the maintenance of standards in higher education. This is the role that is given to the central government under the Constitution and, in turn, the UGC has been regulating universities precisely to maintain standards. Fourth, the role of state government is crucial to recruit teachers and provide salaries to teachers, help teachers in their professional development, support the expansion of universities and ensure that universities are running properly according to the acts, statutes, ordinances and regulations. The role of state government in this regard has been crucial. The following areas of activities fall into it: the recruitment, promotion and salary payment to teachers and non-teaching employees. The state government has the power with respect to the creation of posts, affliation of new colleges to the universities, opening of new universities, institutional support for the recruitment and promotion of teachers and non-teaching employees, timely 65

UNIVERSITY GOVERNANCE

payment of salaries and pensions, nomination of state representatives in senate and syndicate, intake of students, fees determination, maintenance of schedules of examinations, and overall to see that higher education serves the purpose which it is intended to serve. It is important that some unity and co-ordination is maintained between universities and the state government. State government must strengthen the institution by identifying its weaknesses. If universities fail to perform, the government must act in a supportive role to the institution. If mechanisms are created to bypass the institution and centralize functions, it may not be sustained in the long run. I would also like to examine if there are areas of confict. If so, how can these be resolved so that higher education is instead governed effciently and in the interests of all the stakeholders? The role of state government in the expansion of higher education has been crucial and very supportive in the phase of expansion till 1986, which saw the widespread takeover of privately managed colleges into the fold of state by their conversion into constituent colleges. However, the phase of expansion ran into trouble, and this had repercussions for the future expansion and quality of higher education. Expansion was badly managed by the various state governments. The absorption of teachers and non-teaching employees was full of controversies, conficts, defance of rules and corruption. There was large-scale entry of incompetent teachers and non-teaching employees. It affected quality adversely. This was the governance failure that discredited university functioning. There was soaring liability upon state government in terms of payments of salaries. As a result, subsequent governments realized that there cannot be expansion of colleges under the umbrella of government. Private colleges were opened in defance of norms of affliation. This further deteriorated the standard of higher education. To date, in my opinion, the issue of the affliation of colleges has not been sorted out. It may be noted that there is complete governance failure in matters of the affliation of colleges. Further governance failure may be noted in maintaining the quality of education in private colleges managed by governing bodies of the colleges. The government came to the rescue of the private colleges by abolishing Vitt Rahhit Shiksha Niti.14 It has, however, created more problems than it solved. In the years following 2000, the government realized that in order to have a frm grip over colleges, the number of universities needed to be increased. Many universities were established. It was a welcome step, yet new universities suffer from the same problems as the old ones. However, the reduction in size was an appreciative step and perhaps some existing large universities need to be further trimmed through the creation of three or four new universities. To understand the role of state government, it needs to be pointed out that the creation of posts rests with the state government, and certainly state government failed to create new posts and new departments in relation to the needs of expansion as the enrolment in constituent colleges soared. 66

UNIVERSITY GOVERNANCE

This is much more a problem of the scarcity of resources than a governance failure. We can say that the governance failure was due to scarcity of resources. In the name of the rationalization of posts, there was a curtailment of posts. State government was extremely careful in denying the needs of colleges to run with even the bare minimum number of teachers and non-teaching employees. The institutional collapse is visible in the soaring student–teacher ratio. The autonomy of universities to impart knowledge has no meaning if universities and colleges fail to run teaching programs. Added to this is the governance failure in the promotion of teachers. State government failed to stop liberal promotion in 1980s and 1990s. Since then, promotion has been severely dealt with. This has perhaps led to demoralization amongst teachers. A ban on recruitment, with an occasional opening up of the recruitment process, perhaps may be the single most important cause of failure in the running of organizations. With the weakening of organizations where autonomy has no meaning, everything that is done today is simply frefghting to ensure that governance is put back on track, to no avail. The state government has been conscious in conducting fair and timely examinations and has been issuing instructions in this regard. A casual observer of higher education in Bihar knows that a large number of students cannot be managed by too few teachers, and it may be diffcult to achieve fair and timely examinations. Another instance of frefghting is the instructions by the state government to the universities on the directions of court to ensure payment of dues to retired employees. The centralization of the functions of universities with respect to pay verifcation, the payment of salaries through the treasury, online centralized admission, and reporting on the attendance of teachers through biometrics are also instances of frefghting. This is a method of remotely controlling teachers. Autonomy has been giving way to the imposition of accountability on teachers. A new discourse is being constructed whereby governance through autonomy is discredited and governance through accountability is established in the name of institutional failure. Policy is insensitive to cure the basic weakness of the institution by addressing the shortage of teachers. Governance of state government is directed through court orders, on the one hand, and through issuing instructions for the celebration of Digital India, cleanliness campaigns, toilet construction and so on, on the other. The governance seems to be completely misplaced. Instructions predominate to alert weak institutions and to create a sense of fear.

University and UGC Under article 12 of the UGC Act, the function of the UGC is the ‘promotion and co-ordination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities, the role of UGC is to maintain standards of higher education 67

University Governance

in india’ (UGc, 1956). the UGc, in the exercise of its powers, has been issuing regulations and guidelines. the former are binding upon universities and latter are not binding upon universities. Whenever any regulation is issued by the UGc, it is the responsibility of the university to follow it. However, the university is guided by its acts, statutes, ordinances and regulations. Hence, the scope of UGc regulation must be immediately built into the university’s statutes, ordinances and regulations. However, the process of doing so is cumbersome. it has to pass through the university’s authorities, such as the academic council, Board of examination, syndicate and senate, and fnally it has to be approved by the chancellor of the university by virtue of the provisions of the universities act. in many cases, there is a time lag, and sometimes a considerable time lag, in incorporating UGc regulations into a university’s statutes and ordinances. exemplar cases are given here (table 3.2) to explain how such time lags occur. it is important to note that such discrepancies gave rise to many problems. a recent example is that a candidate who passed his or her doctorate in, say, 2011 was not a doctorate as per the UGc regulation of 2009. such a candidate, in the absence of a national eligibility test (net) or Bihar eligibility test (Bet), is declared ineligible for selection to the post of assistant Professor. Many universities may be certifying such candidates as passing their Ph. D. under regulation of UGc, 2009. But they are doing so on sympathetic grounds rather than on the basis of facts. in the future, after 10 or 15 years, an appeal may made in the High court that the appointment of such a teacher was illegal, and the teacher, after serving 10 or 15 years, may be in trouble. in particular, the UGc regulation of 2010 on the minimum qualifcation of teachers, which has further been amended from time to time, necessitates many ordinances and regulations to be enforced into state universities. this is also true in other cases like the appointment of assistant Professors, Table 3.2 cases of time Lag in implementation of Universities’ statutes/ ordinances

Description

Year of incorporation Year of UGC in universities’ Time lag regulation statutes/ordinances (years)

Promotion of teacher Ph. D. Ph. D. national eligibility test (net) affliation of colleges appointment of vice chancellor recruitment of teachers

1986 2009 2016 1992 2009 2010 2010

1995 2012 2017 1995 2012 2012 2013

Source: author’s compilation.

68

9 3 1 3 3 2 3

UNIVERSITY GOVERNANCE

Associate Professors and Professors, Vice Chancellors/Pro Vice Chancellors, the Career advancement scheme, etc. It is necessary that a state level body exists to examine them and immediately frame regulations and ordinances to be incorporated in the universities. In the absence of such an institutional mechanism, the function of co-ordination between the UGC and universities is done by the Chancellor’s offce, which has over time developed the expertise to deal with it. However, there is a need to have a state level institution. Ideally, every university must have a separate mechanism, yet as the number of universities has grown, a standard ordinance and regulation to incorporate UGC regulation has become necessary.

University and Chancellor’s Offce The Offce of the Chancellor, as noted above, performs the role of co-ordination between the UGC, state government and universities in Bihar. The State Education department, sometimes directly and sometimes indirectly through the offce of the Chancellor, implements government directives. Often, a court order which has a bearing on all the universities is conveyed to the universities by the order of the Chancellor. Many consider that the offce of the Chancellor is performing a gate keeping function. Many consider it to be an external extension of the university, as nothing happens in the university without the order of the Chancellor. Many dispute cases are referred to the Chancellor. The Chancellor calls the regular meetings of the offcers of the university and reviews the progress of directives issued earlier.

Irregularity Admission There was a case of admission in the postgraduate department of Patna University on a false certifcate in 2006. The Vice Chancellor set up the three-person inquiry committee and on its fndings suspended the teachers responsible for admission in 2010. Later on, in 2015, the Chancellor acquitted the teachers in charge of admission mainly on the grounds of a procedural lapse in conducting the enquiry by the Vice Chancellor of Patna University.15 Self-Financing Course There has been another case of admission in a self-fnancing course with approval by an ordinance for a course intake of 60. However, permission was granted by the state government, not through an ordinance, to increase the intake. However, an excess number of students, 146, in addition to the sanctioned intake, was admitted in 2005–06. The Vice Chancellor, on 69

UNIVERSITY GOVERNANCE

the report of a three-person enquiry committee and a one-person enquiry from the judicial service, suspended two persons responsible for the illegal admission in addition to the sanctioned intake in 2010. Both those persons appealed to the Chancellor cum governor of the state. Later on, in 2015, the Chancellor acquitted the two persons – a teacher and a clerk in charge of admission – mainly on the grounds of a procedural lapse in conducting the enquiry by the Vice Chancellor of Patna University. There is a similar case of suspension by the Vice Chancellor of the Principal in charge, which was set aside by the Chancellor.16 University Examination As per the proceedings of the meeting of Controller of Examination held on September 7, 2018, under the Chairmanship of Principal Secretary, Governor’s Secretariat, Bihar, Patna, the status of examination in different universities is highly unsatisfactory. In Jai Prakash University, Chapra, the examination of the 2014–17 session of undergraduates Part II and the examination of the 2015–18 session of undergraduates Part I were conducted in July 2018, and the result has not yet been published. In Bhupendra Narayan Mandal University, Madhepura, the Controller of Examination gave an assurance that all pending examinations of undergraduate courses would be done by December 2018. For postgraduate courses, he announced that examinations had been rescheduled to January 15, 2019, because admission cards could not be distributed to students on time. In Magadh University, the non-availability of answer books on time was cited as a reason for delay in carrying out the examinations. The Controller of Examination at Veer Kunwar Singh University, Ara, announced that due to a correction in the pending results of 6,000 students, the examination calendar, submitted earlier, could not be adhered to. For the degree Part I undergraduate examination session of 2017–20 session, the date has been rescheduled due to a strike by non-teaching employees. The Controller of Examination at Tilka Manjhi Bhagalpur University, Bhagalpur, announced at a meeting that the delay in payment to the agency which supplies the stationery required to conduct the examination was the main reason for rescheduling the examination. He said that the examination of undergraduate courses scheduled from September 8, 2018, would be started on September 20, 2018. The Controllers of Examination of Bhim Rao Ambedkar University, Muzaffarpur and Kameshwar Singh Dharbhanga Sanskrit University, Darbhanga, announced that these universities would conduct examinations on time, in spite of the inordinate delay in the session. The Chancellor of Bihar has given directives to all the universities of Bihar to invite the Pro Vice Chancellor to act as an observer at all meetings of examination committee to facilitate the process of examination 70

UNIVERSITY GOVERNANCE

organization and result publication. This will further ensure the regularization of academic sessions.17

Conclusion Perusing through the structure of governance and its functioning at the level of practices, we observe that governance is becoming centralized at the level of the offce of Chancellor and the state government, which is evident from meetings, circulars and orders. The appointment of Vice Chancellors at the universities of Bihar was not free from controversy. The appointment of Registrars, Inspectors of Colleges, Financial Advisors and Finance Offcers have all been centralized at the offce of the Chancellor. The centralizing tendency goes hand in hand with bureaucratic governance, as regulations and orders become the basis of governance. The role of other offcers of the university in a resource-constrained situation then becomes one of frefghting and struggling to obey the orders. So far as the statutory bodies of the university are concerned, there is no doubt they are democratic structures. However, the functioning evades deliberation. In practice, proposals are hurriedly presented and passed as per the wish of the Vice Chancellor. Convening the meeting of the Senate is considered an uphill task due to the sheer size of it. The Syndicate, an important executive body, also fails to function effectively and proactively on matters of academic interest. As a result, the challenges faced by the external environment are hardly addressed. The university is reduced to conducting day-to-day functions. Other statutory bodies are all reactive in the absence of responsibility imposed on them. Many directives from the top are simply followed. Under these circumstances, the idea of governance fails to serve the motto of university, namely the generation of knowledge with the active citizenry of teachers and students. The perspective of the establishment of order fails to be realized in practice. Internal governance suffers from the problems of teaching and non-teaching employees. A perusal of the views of Vice Chancellors and Registrars shows that the university is riddled with irregularities and disorders. The complex scenario that governance poses is insurmountable. It may be noted that university fails to win the trust of the state in order to enjoy autonomy..

Notes 1 The power to transfer teachers from one university to another university was used by the Chancellor in an arbitrary manner when Mrs. Vineeta Prasad and others were transferred from Magadh University to Patna University by the order of the Chancellor. However, the order was quashed by the Court on two principal grounds: 1) The order was issued by the Chancellor in violation of the procedures of transfer; and 2) the order was a violation of the Constitutional provision, Article 14 of the Constitution. For details, see Mrs. Vineeta Prasad

71

UNIVERSITY GOVERNANCE

2 3

4 5 6 7

8 9 10

11

12

13

14

And Ors. vs The Vice-Chancellor, Patna ... on September 9, 1991, available on https://indiankanoon.org/doc/611178/ accessed on October 26, 2020. See the order of the offce of Chancellor on the website: http://governor.bih.nic.i n/ORDER/BSU-1198-01072016.pdf accessed on October 26, 2020. Government of Bihar/Proceedings of Meeting of Vice Chancellors held under the Chairmanship of Hon’ble Chancellor, on May 29, 2018, at Raj Bhavan/ http://governor.bih.nic.in/ORDER/BSU(Meeting)-56-2017-1484.pdf / accessed on October 26, 2020. Available on http://www.ndtv.com/india-news/bihar-governor-in-trouble-over-ap pointment-of-Vice-Chancellors-491868 UGC regulation on Minimum qualifcation of teachers… 2018 has not been made effective through amendment in the ordinance made in 2013. See Bhushan (2013). See Chancellor of Bihar offcial website http://governor.bih.nic.in/ORDER/Pro ceeding%20of%20the%20meeting%20of%20Inspector%20of%20Colleges, %20science%20and%20Arts%20&%20Commerce%20date.26.10.2018.pdf accessed on October 26, 2020. See chancellor of Bihar offcial website http://governor.bih.nic.in/ORDER/Proc eeding%20IC-09-01-2019.pdf See https://www.patnauniversity.ac.in/Senate070717.html) accessed on October 26, 2020. The Telegraph, July 22, 2016, reported that a teacher, a member of the Senate and Syndicate of Patna University, raised the issue of unauthorized expenditure on security guards for the Vice Chancellor of Patna University in a Senate meeting in March 2016. The teacher concerned was suspended on July 11, 2016, for alleged misbehavior at the July 9, 2016, meeting of the Syndicate. Such instances show that meeting of the Syndicate becomes the battleground of power politics and leads to groupism, some supporting the ice Chancellor’s action and others opposing it. Irregularities in the promotion of teachers are common at Patna University. It is the responsibility of the Syndicate to scrutinize whether promotion of teachers is fair before giving assent to the promotion of teachers. The Times of India, in the city edition of December 8, 2016, reported that Patna University Teacher Association urged the Chancellor to institute a high-level inquiry as it alleged that promotion was based on a pick-and-choose basis. In another instance, an outgoing Vice Chancellor convened a meeting of the Syndicate on January 30, 2017, and issued a notifcation for the promotion of teachers, overlooking the procedural lapses (See The Times of India, city edition, January 31, 2017). In 2016, the university administration issued a directive, backed by an Academic Council resolution, to reserve 80% of seats for home (Patna University) students in admission to postgraduate courses, denying entry to the meritorious students of other universities. Instead of the Syndicate resolving the issue, a few members of the Syndicate represented against quota to the offce of the Chancellor. During the course of interviews with offcers and teachers of Patna University, it was pointed out that various representatives of the government hardly understand the purpose and objectives of the statutes, ordinances and regulations. They intervene only when certain issues are of personal importance to the members. Sometimes, the discussion is of a general nature, and the Vice Chancellor, tired of general discussions, hurriedly passes through the agenda item and seeks approval. See the section on Issue of Autonomy of Affliated Colleges and Vitt Rahhit Shiksha Niti in Chapter 4.

72

UNIVERSITY GOVERNANCE

15 See the order of the Governor Secretariat on the appeal of the concerned teachers on the website: http://governor.bih.nic.in/ORDER/PU-Order-1068-29.07.20 15.pdf accessed on October 26, 2020. 16 See the order of the Governor Secretariat on the appeal of the concerned teachers on the website: http://governor.bih.nic.in/ORDER/PU-Order-1074-29.07.2015. pdf. See also http://governor.bih.nic.in/ORDER /PU-Appeal-1073-29.07.2015. pdf) accessed on October 26, 2020. 17 B.S.U. (meeting) – 56/2017-2252/ R.S. (1) dt. 31.08.2018.

References Asha Sahay vs The Vice Chancellor, Bhim Rao ... (19 July, 2018). In the High Court of Judicature at Patna. CWJC No. 18581 of 2015. https://indiankanoon.org/ doc/34995659/ accessed on October 26, 2020. Gnanam, A Committee (1990). Towards New Educational Management. https://ww w.ugc.ac.in/oldpdf/pub/report/7.pdf accessed on October 26, 2020. Qadir, A (2012). Fate of over 500 non-teaching Magadh University staff hangs in the balance. The Times of India. New Delhi. https://timesofndia.indiatimes.com /city/patna/Fate-of-over-500-non-teaching-Magadh-University-staff-hangs-in-th e-balance/articleshow/12435177.cms accessed on October 26, 2020. State of Bihar & Anr vs Sunny Prakash & Ors (18 January, 2013). In the Supreme Court of India. CWJC No. 516 of 2013. https://indiankanoon.org/doc/17265653/ Sukhsagar Prasad and Other vs. State of Bihar and Others (March 23, 1994). In the High Court of Judicature at Patna. CWJC No. 10378 of 1993. https://www. casemine.com/judgement/in/%2056b492d8607dba348f002c40# accessed on October 26, 2020. The University Grants Commission Act (1956). UGC Act 1956 as Modifed up to the 20th December 1985 and Rules and Regulations under the Act. New Delhi: Mohan Printing Press. Yashpal Committee Report (2011). The Committee to Advise on Renovation and Rejuvenation of Higher Education. https://www.aicte-india.org/downloads/Ya shpal-committee-report.pdf accessed on October 26, 2020.

73

4 GOVERNANCE AT THE COLLEGE LEVEL

Some basic information obtained from the All India Survey of Higher Education (AISHE) raises many issues of governance in Bihar at the college level. For example, most private colleges represent a recent phenomenon that has emerged since 2000. The accreditation status of colleges is far from satisfactory. With the opening of new universities, the size of universities in terms of colleges has been brought down over the years. Yet, there are universities with a large number of colleges affliated to them. This raises many issues with regard to the governance of colleges, including the affliation process, by the university. There are further issues of governance where the size of college is inoptimal in terms of enrolment of students and where the student–teacher ratio is abnormally high. Basic information on land and space availability furthermore raises issues relating to infrastructure availability in the colleges. A close perusal of the basic information is presented in order to understand some basic issues of governance. One of the most challenging aspects of governance relates to the affliation of colleges to the privileges of university. There are various committee reports and UGC regulation on affliation of colleges. However, in practice, there are many challenges of governance that need to be highlighted. Issues of affliation, particularly with respect to privately managed colleges are not settled on time, leading to court cases. Private colleges with the mushrooming of B. Ed. colleges in Bihar, do not have adequate infrastructure and a suffcient number of teachers. This creates problems of permanent affliation, and yearly renewal puts heavy pressure on governance. The rise of private colleges has put heavy pressure on the university with respect to the governing body of the college and overseeing the functioning of the colleges in terms of the quality of teacher recruitment. The teaching–learning process of the private affliated colleges is almost unsupervised. The meagre funds made available to them by the state government are not disbursed on time. There is fee control on the private colleges by the state government. This creates problems of insuffcient fnancial resources. Teachers remain

74

GOVERNANCE AT THE COLLEGE LEVEL

underpaid. The chapter presents information and analysis concerning the affliation and management of private colleges. The Principal, as the head of a college, is an important offcer in running the college to fulfll its vision. The post of Principal has been made tenurial as per the recent regulation of the UGC. With tenurial appointment, there is the problem of timely appointment by the appropriate selection committee constituted by the university as per the provision. The discretion of the Vice Chancellor is applied in the temporary charge to the Principal and in the transfer of the Principal from one college to another. The position of Principal was considered a teaching cadre, and transferring it to a non-teaching cadre created dissatisfaction and huge protests that led to the position fnally being considered a teaching cadre. The issue is dealt with in the chapter. The discussion revolves around various issues of the internal governance of a college, from admission to the teaching–learning process and examinations. They point towards the urgency of addressing governance problems. The governance of colleges in Bihar is summarized in the following discussion under four factors: (i) current status of the colleges, (ii) issues and problems of affliation, (iii) appointment of the principal, and (iv) internal governance of college.

Current Status of the Colleges In the state of Bihar, as per the All India Survey of Higher Education, 2019 constituent colleges that exist today were all established and affliated before 1975, and only 5 private colleges that exist today were established and affliated with the university before 1975. We notice that 154 constituent colleges that exist today were established and affliated with the university in the period between 1975 and 2000 as opposed to 82 private colleges today. Furthermore 71 constituent colleges that exist today were established and affliated with the university in the period after 2000 as opposed to 198 private colleges today. Thus, we observe that most of the constituent colleges that exist today were affliated before 2000. Most private colleges represent a recent phenomenon that has emerged since 2000. As per information from the NAAC website, 7 universities were accredited by NAAC and whose accreditation is currently still valid. The Central University of South Bihar and Chanakya National Law University have an A grade, whereas none of the state universities have secured an A grade. Babasaheb Bhimrao Ambedkar Bihar University, Kameshwar Singh Darbhanga Sanskrit University, Lalit Narayan Mithila University and Tilka Manjhi Bhagalpur University have a B grade. Magadh University, Bodhgaya has a C grade. The latest data updated on the NAAC website exists for 151 colleges. There are 12 colleges with an A grade, 103 colleges with a B grade (Here,

75

GOVERNANCE AT THE COLLEGE LEVEL

B grade includes B, B+ and B++), 31 colleges with a C grade (Here, C grade includes C, C+ and C++), and 2 colleges with a D grade. The important point to note is that Bihar lags behind in the accreditation of colleges both in the case of government and private colleges. Moreover, A-grade colleges, both in the private as well as government sector, are in serious defcit and this says a lot about the quality of higher education colleges. As governance is an important determinant of quality, perhaps behind the issue of low quality, a lower level of governance could be responsible. Governance could be captured by analyzing the different facets of governance. From the point of view of governance, there is little necessary basic information available from AISHE: number of colleges by management, number of students per college and student–teacher ratio in colleges. Number of Colleges by Management Type All colleges in Bihar are affliated to one university or the other. On the basis of management, colleges can be classifed into three categories. (i) Colleges owned and maintained by the state government are those for which budgetary allocations are made direct from the state government. (ii) Constituent colleges are funded and managed by the university. The budgetary allocations for those colleges are made by the state government but disbursal of money takes place through the university. (iii) Affliated colleges, other than government and constituent colleges, are managed and funded by the private agencies. The private affliated colleges, however, have university representation in the managing body and selection committee and they are also nominally funded by the state government. Hence the classifcation of colleges as constituent and affliated colleges is well understood in common parlance in the state as categories (ii) and (iii) referred to here. The number of colleges and other information such as the number of students and teachers are reported in AISHE under six management heads (See Table 4.1). The management category under state government and university are all constituent colleges. Under the former there are 74 colleges, and under the university management type, there are 394 colleges. A close perusal of the colleges shows that some of the university-type colleges are listed under the state government type. There are other affliated colleges classifed as local body, private aided and private unaided. A close perusal of the colleges shows that private colleges are mostly general discipline colleges. The private unaided colleges are mostly B. Ed. colleges and include some of the training institutions. There is only one central government college. The total number of constituent colleges and private affliated colleges in Bihar as reported in AISHE is 468 (74 + 394) and 311 (37 + 86 + 188), respectively.

76

GOVERNANCE AT THE COLLEGE LEVEL

Table 4.1 Number of Colleges by Management Type Type of management

Number of colleges

Central Government Local Body Private Aided Private Un-Aided State Government University Grand Total

1 37 86 188 74 394 780

Source: Calculation Based on AISHE, MHRD, 2018. Note: Some discrepancy was noted in the listing of colleges under different management types, particularly under local body. There are hardly any local body managed colleges in Bihar. Most of the local body colleges are in actual practice private colleges and hence grouped under ‘private’ in subsequent tables. There may be a very small number of colleges which are actually government colleges but have been put under local body managed colleges. Hence a very small discrepancy may remain in the tables presented below. However, the nature and trend of the information given below is not seriously hampered.

Number of Colleges by Management in Universities There is a disaggregation of management type in different universities in Bihar. As noted above, all local body, private unaided and private aided colleges are classifed into private affliated colleges and all state government and universities’ colleges are classifed into constituent colleges. It may be noted that recently, three new universities have been established for which information is not supplied under AISHE. Patliputra University was carved out of Magadh University, Munger University was carved out of Bhagalpur University and Purnia University was carved out of Bhupendra Narayan Mandal University. At present L. N. Mithila University has the highest number of colleges, followed by Magadh University, Veer Kunwar Singh University and B. B. A Bihar University, after separating the three universities recently established. It is important to note that from the point of view of managing the constituent colleges, all the universities now have less than 50 colleges, except three universities. Veer Kunwar Singh university has 85 constituent colleges, Lalit Narayan Mithila University, Darbhanga has 71 constituent colleges and Kameshwar Singh Darbhanga Sanskrit Vishwavidyalaya, Darbhanga has 61 constituent colleges. Highest number of private affliated colleges are in Magadh University (69), Aryabhatta Knowledge University (46) and BRA Bihar University (40) (see Table 4.2). From the perspective of governance, Magadh University, Veer Kunwar Singh University and L. N. Mithila University need to be further bifurcated so as to have a number of constituent colleges within the limit of 50.

77

GOVERNANCE AT THE COLLEGE LEVEL

Table 4.2 University-Wise Number of Constituent and Private Affliated Colleges University

Private affliated Constituent colleges colleges Total colleges

Aryabhatta Knowledge University, 46 Patna Babasaheb Bhimrao Ambedkar 40 Bihar University, Muzaffarpur Bhupendra Narayan Mandal 14 University, Madhepura Bihar Agriculture University, 0 Sabour Dr Rajendra Prasad Central 0 Agricultural University, Samastipur Jai Prakash Vishwavidyalaya, 19 Chapra Kameshwar Singh Darbhanga 0 Sanskrit Vishwavidyalaya, Darbhanga Lalit Narayan Mithila University, 31 Darbhanga Magadh University, Bodh Gaya 69 Makhanlal Chaturvedi National 1 University of Journalism and Communication, Bhopal Maulana Azad National Urdu 0 University, Hyderabad Maulana Mazharul Haque Arabic 10 & Persian University, Patna Patna University, Patna 1 Sampurnanand Sanskrit 5 Vishwavidyalaya, Varanasi Smt. Nathibai Damodar Thackersey 1 Women’s University, Mumbai T.M. Bhagalpur University, 24 Bhagalpur Veer Kunwar Singh University, 5 Arrah Munger University 36 Patliputra University 26 Purnia University 33 Grand Total 361

32

78

42

82

23

39

7

7

5

5

28

47

61

61

71

102

27 0

96 1

2

2

1

11

10 0

11 5

0

1

13

37

85

90

16 27 13 463

52 53 36 816

Source: Calculation based on visiting website of universities and AISHE, MHRD, 2018. Note: The number of affliated and constituent colleges may vary from AISHE Source

78

GOVERNANCE AT THE COLLEGE LEVEL

Number of Colleges by Enrolment of Students Another important indicator for the effcient governance of a college is the size of the college in terms of number of students per college. A relative indicator in terms of infrastructure per student is always better. However, let us look at the absolute indicator in terms of enrolment of students in the college. What should be the optimal size of a college? This depends on the infrastructure available in a college and the number of teachers working in a college. The technology may also affect the optimality criteria. However, from the point of view of governance some norm may be chosen. Assume the norm is selected as 1,000–2,000 students in a college. Based on this norm, it may be noted that in 48% of colleges in Bihar, enrolment in colleges exceeds 2,000 students. There are 8 colleges where the number of students exceed 10,000. There are 9 colleges where enrolment is in between 8,000 and 10,000 students. There are 20 colleges where enrolment is in between 6000 and 8000 students, 23 colleges in the enrolment range of 6,000–8,000 students, 40 colleges in the enrolment range of 4,000–5,000, 73 colleges in the enrolment range of 3,000–4,000 and 76 colleges in the enrolment range of 2,000–3,000 (See Table 4.3). All the colleges in the different enrolment ranges above 2,000 students need to be closely assessed with respect to infrastructure requirements to sustain the excess number of students. If, within a given time limit, they do not meet the infrastructure requirements as per the UGC regulation on affliation then they may be given a strict warning of suspension of affliation. Some of the constituent colleges with enrolment exceeding 5,000 students are given in Appendix I, Table I.1. There are 40 such constituent colleges where the state government may consider infrastructure grants based on specifc needs. Some of the private colleges in which enrolment exceeds Table 4.3 Student Enrolment-Wise Number of Colleges Student enrolment

No. of colleges

Percent

> 10,000 10000–8000 8000–6000 6000–5000 5000–4000 4000–3000 3000–2000 2000–1000 1000–500 500–100 1000 Total

47 23 44 70 72 15 3 274

312 58 75 37 4 0 10 496

17 8 16 26 26 5 1 100

Source: Calculation Based on AISHE, MHRD, 2018.

80

63 12 15 7 1 0 2 100

GOVERNANCE AT THE COLLEGE LEVEL

A simple calculation was made with respect to the requirement of teachers based on a norm of a 50:1 student–teacher ratio. The total number of required teachers is estimated to be 10,135 in all constituent colleges, while the required number of teachers in private affliated colleges is only 1,841 (see Appendix I, Tables I.3 and I.4). Land and Space Availability The availability of land and space per student is not directly related to the governance of a college. However, it gives us some idea of how much governance is facilitated or restricted in terms of expansion of activities. It also refects on the success or failure of governance. If the land requirement of a college affliated to a university is fxed or if the space required per student of construction is specifed as conditions of affliation, then any land or space availability per student falling short of specifed parameter is an indication of governance failure on account of affliation. Both accreditation and the land and space requirement per student are important criteria that must be fulflled, and lapses on this account should be taken seriously. It is important to note that out of 446 government colleges considered, there are 31% colleges which do not meet the land availability criteria of a college, assuming a minimum of 5 acres of land is required for a college. Under private management, the scenario is much worse. Of 288 private colleges, 66% fall short of having a land availability of 5 acres. 36% of government colleges have more than 10 acres of land available. There is ample scope for expansion in such colleges. Only 17% of all private colleges fall in the category of more than 10 acres land per college (see Table 4.5). With respect to space availability in terms of square meters of construction per student, the situation is no less critical. 1.5 sq m per student may be Table 4.5 Land Owned by Colleges by Management Types In acres

Government

Private

100 Total

5 7 6 7 6 26 36 3 3 100

24 31 5 5 1 16 15 1 1 100

Source: AISHE, MHRD, 2018. Note: There seems to be data lapses. Hence extreme fgures have been omitted.

81

GOVERNANCE AT THE COLLEGE LEVEL

Table 4.6 Square Meters Per Student Construction in Colleges Sqm/student

Govt.

Private

10

44 6 9 13 15 13 100

18 3 4 6 13 56 100

Source: AISHE, MHRD, 2018. Note: There seems to be data lapses. Hence extreme fgures have been omitted.

considered the critical space availability. On this yardstick it may be noted that 44% of 379 total government colleges suffer from less than critical space requirement per student, whereas 18% of 192 total private colleges suffer from less than critical space requirement per student. The reason of course is the soaring enrolment rate compared to the physical expansion of government colleges in terms of the construction of buildings. A space availability of 5 sq m of construction per student may be considered adequate. On this criterion, only 28% of all government colleges have adequate space in terms of sq m per student construction area (see Table 4.6).

Issues and Problems of Governance: Affliation of Colleges to the University Affliation of Colleges An important function of the affliating university system in India is the grant of affliation to the privileges of a university. Once affliation is granted, an affliated college is run under the supervision and control of the university with a view to maintaining standards and fulflling the objectives for which a college is established. With respect to the different categories of colleges in Bihar which are affliated to the university, constituent colleges acquire a special importance. Constituent colleges are all those colleges which were subject to a large-scale takeover by the government in the 1970s and 1980s. The funding responsibility of all those colleges is that of state government, as in the case of government colleges, a category of colleges which are directly under the control of the directorate of education. However, constituent colleges, of which there are many, are under the direct control of the university. Affliated colleges other than the constituent colleges are run by private management. Till recently they were all funded by private management. However, since 2008, privately managed colleges have been nominally supported by state government based on formula funding. 82

GOVERNANCE AT THE COLLEGE LEVEL

UGC Expert Committee to Formulate Action Plan on Reforms of Affliating System In 2011, the report of the UGC expert committee for the reform of the affliating system pointed out the need for a time-bound action plan for the reform of the affliating system in Indian universities. It noted that the system of affliation that is currently followed suffers from an excessive administrative burden on the university, inadequate academic and infrastructural facilities and alienation of the teaching community from academic decision making. A sample survey of 48 universities and 84 colleges across the country found that the average number of students in an affliating university is 102,000 students. The requests for granting affliation are submitted to the university almost all year round, and sometimes it takes almost a year to grant affliation. In many instances, affliation requires yearly renewal, which is a cumbersome procedure. The survey also revealed that besides social, political and legal imperatives, there is a monetary spin-off for affliation-granting universities. Affliation-granting universities levy and collect an affliation fee on yearly basis. This can be up to Rs. 31 crores (the average amount is Rs.69,52,637). Moreover, there are also a few other revenue-generating heads. For example, the University of Mumbai collects a share of tuition fees of Rs. 6.24 crores; examination fees, Rs. 16.48 crores; enrolment/migration fees, Rs. 4.78 crores; postgraduate registration fees, Rs. 1.90 crores; Sports Activity Fee, Rs. 0.95 crores; and cultural activity fees, Rs. 0.22 crores. Hence, the affliation of a large number of colleges to a university is held to be in the fnancial interest of the university. The UGC expert committee noted that the size of the affliating university should be restricted to 100 colleges at the most. It recommended upgrading Colleges with Potential for Excellence (CPE), Autonomous Colleges and clusters of colleges to university status, the division of existing State universities with large number of affliated colleges into smaller universities and the establishment of new universities or university campuses preferably in the districts where there is no university. It also recommended strict norms for affliation and control over the appointment of teachers and maintenance of standards of education imparted in the colleges. UGC Regulation on Affliation of Colleges The affliation of colleges by universities are guided by the regulation of University Grants Commission. Affliation of colleges imparting general education is guided by the concerned UGC regulation promulgated in 2009 and further amended in 2012. (UGC 2009 and UGC 2012). The affliation of colleges imparting technical education is guided by another regulation of UGC promulgated in 2014. (UGC 2014). 83

GOVERNANCE AT THE COLLEGE LEVEL

As per the regulation, ‘Affliation, together with its grammatical variations, includes, in relation to a college, recognition of such college by, association of such college with, and admission of such college to the privileges of a university’ (UGC Regulation on Affliation, 2009). The regulation distinguishes between temporary affliation and permanent affliation. Colleges seeking affliation must fulfll the criteria related to land requirements, academic facilities, teachers, physical infrastructure, sports, libraries, laboratories, civic facilities, furniture, rooms and duly constituted managing body with a registered society and trust. Clause 3.4 notes that the proposed society shall execute a bond to satisfy the university that it is an institution worth imparting the instruction. Clause 4 lays down the procedures for granting affliation, including the composition and procedure for the inspection committee. The permanent affliation shall be granted only after 5 years and after satisfying that all the teachers are appointed on regular basis. Any addition to the program has to be accorded by the university after careful consideration of the proposal. There is also a provision for withdrawal of affliation in case of violation of rules, and even the UGC has the power to penalize the university if it fails to grant affliation as per the provisions of the regulation. Affliation of technical colleges is based on AICTE norms and standards. The regulation notes that universities shall ensure mandatory accreditation of the technical colleges by the NAAC and their programs by the NBA. There is also a provision that every affliating university shall submit a compliance report concerning the provisions of these Regulations, in respect of all the affliated technical colleges, to the UGC annually. In the state of Bihar, for all colleges affliated to universities of Bihar, the affliation is guided as per the act and statutes of Bihar universities (a common act other than for Patna University) and Aryabhatt Knowledge University for technical and professional education. The statutes for affliation to colleges under AKU is elaborate and follows UGC regulations.1 However, the statutes for the affliation of universities of Bihar, though elaborate, have not been updated to align it with the UGC regulations. Relation of Affliated Colleges with the University Section 59 of the Bihar University Act, 1976 provides scope for statutes to be made in respect of affliated colleges (private) to the university. The statute prescribes minimum educational qualifcations for the different classes of teachers and tutorial staff; approves action taken by the governing body of such colleges with respect to creation of teacher posts, appointments, dismissal and termination of service; regulates the enrolment of students; and regulates the facilities provided to the colleges. Section 60 of the act provides for the governing body for each affliated college, not owned and maintained by the state government or the minority college or technical or medical college. The governing body’s members will include the Principal of 84

GOVERNANCE AT THE COLLEGE LEVEL

the college and members representing teachers, the university, state government, legislature or MP, donors and educationists. Further under the statutes regarding the governing body of the private affliated college which was amended by Chancellor vide letter no. MLU30/80-450 GS (I) dated February 12, 1992, the composition of the governing body as given in the act is conformed. In terms of section 61 of the act, the state government has the power to determine the maximum number of seats for enrolment of students in the faculties and departments of the university and the colleges affliated to it. The state government may give directives with respect to the reservation of seats in each faculty, department and college. Admission of Colleges to or Exclusion from the Privileges of University The statutory provision was made in 1986 vide letter no. BSU-16/86-1098G.S.(1) dated April 19, 1986, for the admission and exclusion of a college to the university. Within a territorial jurisdiction of the university, the college may be admitted to the privileges of a university through a proper procedure laid down in the statute. By September 15 every year, the application for admission, extension or continuation of admission of an admitted college should reach the university. The proposal of the college must contain proof of adequate infrastructure, land (10 acres for rural and 5 acres for urban) and reserve funds of Rs. 2.5 lakhs for humanities and social sciences and additional Rs. 1.5 lakhs each for science and commerce. The university, after having conducted the enquiry, shall forward the proposal to the academic council, syndicate and senate for approval. A fnal recommendation will then be sent to the state government for grant of affliation of the college to the privilege of a university. Exclusion of a college from the privileges of a university may also be made after following the procedure laid down in the statute. Duality of Affliated and Constituent Colleges Private affliated colleges in Bihar do not have equal status with the constituent colleges. The former are considered as private with little assistance by the government, imparting a low quality of education with insuffcient infrastructure and inferior quality and lower status of teachers in the higher education system. Universities already burdened with the management of constituent colleges fnd it diffcult to devote attention to improving the quality and governance of the colleges. They are, in fact, left on their own to survive with meager resources. As a result of the university paying inadequate attention, teacher attendance and the teaching–learning process in private degree colleges are simply left to private management. The Governor of Bihar, on the basis of a court judgment to ensure academic discipline, has 85

GOVERNANCE AT THE COLLEGE LEVEL

been directing the university to convene its syndicate to develop a policy for affliated colleges whereby such issues of maintaining quality could be resolved.2 While constituent colleges’ governance suffers from its own mismanagement, the situation in the affliated colleges is perhaps worse. Issue of Autonomy of Affliated Colleges Affliated colleges claim that whereas state government and the university regulate the fee structure which is fxed at an abysmally low fgure to allow access for the underprivileged sections of society, on the one hand, they leave the private colleges to survive with meager internal resources with an abysmally low level of fnancial grant, on the other. This is called an education policy without fnance (Vitt Rahhit Shiksha Niti) in Bihar. Later the government announced its intention to abolish the education policy without fnance (Vitt Rahhit Shiksha Niti). It is argued that control over fees allows little freedom to generate internal resources. This is not fair. Mismanagement of colleges begins with the low resources at their disposal. When teachers are paid an abysmally low salary and are also insecure in terms of their income, then the Principal has no moral authority to ask teachers to maintain attendance and a high quality of teaching. The university or the state government without considering such internal dynamics cannot impose too much academic discipline. The university sometimes unilaterally constitutes an ad hoc committee in place of a governing body and often fails to nominate members to the governing body. Balancing control with autonomy is necessary. This balance must take into account the existing situation within a college. Appointment of Teachers in Affliated Colleges An important aspect in the management of the private affliated colleges, including minority colleges, is the appointment of teachers, which is regulated by Section 57 A of the act of Bihar Universities. The appointment of teachers at affliated Colleges not maintained by the state government shall be made by the governing body on the recommendation of the College Service Commission. However, the College Service Commission was abolished in 2008. The appointment of teachers at private affliated colleges is now governed by the Universities Act, amended in 2013. According to the provisions of the act, the appointment of Assistant Professors or Principals at private affliated colleges is entrusted to the selection committee constituted by the university. In the selection committee, the Chairman of the governing body of the college or the person nominated by the governing body is the Chairman of the Selection Committee. Other members are the Principal of the College, Head of the department of the faculty concerned in the college and three experts, not below the rank of professor and two of 86

GOVERNANCE AT THE COLLEGE LEVEL

them experts of the subject, nominated by the Vice Chancellor of the concerned university. In minority colleges, three persons shall be nominated on behalf of the Chairman of the college who shall be from the list of fve persons preferably from the minority community and who have been recommended by the Vice Chancellor of the university concerned from the panel of experts proposed by the Academic Council of the university concerned; three of these persons should be subject experts. The governing body has also been given the power to nominate two subject experts.3 In the context of Bihar, it is also important to understand the transition of private affliated to constituent (government) colleges. This is important because in the 1970s and 1980s there was a mass conversion of privately managed colleges to constituent colleges. Later on, of course, a ban was imposed on such conversion. In the process of conversion, the procedure was clearly laid down for the absorption of teachers working in private affliated colleges to the services under constituent (government) colleges. Section (4) of section 57 of the Bihar University Act clearly spells out that absorption of teachers under the services of the constituent college has to be approved by the Bihar State University (Constituent Colleges) Service Commission. There was, however, mismanagement in the absorption of teachers, which is dealt with in the chapter on ‘Issues and Challenges of Teachers.’ Vitt Rahhit Shiksha Niti4 There is another problem with respect to teachers at affliated colleges in Bihar which needs a brief mention here. For a very long period in these private affliated colleges, while there was government control of fees, there was absolutely no fnancial assistance to the college. Fees being very low, it was diffcult to upgrade and maintain the infrastructure of the college and pay regular salaries to the teachers, even at the barest minimum level. Government was, no doubt, successful in controlling the commercialization of education in the private colleges, but it failed to ensure the standard of education by allowing low paid teachers. A similar situation also prevailed in the private intermediate colleges in Bihar, which were imparting low-quality intermediate education. There was much unrest among teachers at those private affliated colleges. Finally, the Government of Bihar took a policy decision to abolish the Vitt Rahhit Shiksha Niti and to provide grants to the institutions including degree colleges vide resolution no. 1846, dated November 21, 2008. For the purpose of the allocation of grants, it was considered necessary to identify the teachers of college before a cutoff date of April 19, 2007. By means of an amendment made in 2015 in the Bihar Universities Act, the selection committee of the affliated colleges was empowered to scrutinize and evaluate those teachers appointed prior to April 19, 2007. Distribution of the amount of grant sanctioned by the state government will be made amongst the teachers in the concerned affliated 87

GOVERNANCE AT THE COLLEGE LEVEL

degree colleges by its governing body up to March 31, 2017. The process of identifying teachers and recognition of teachers was completed in many universities. This process not only beneftted the teachers in fnancial terms but also placed them on equal terms with the teachers of constituent colleges in matters of examination duty and other functions performed by teachers of constituent colleges. It is important to mention that the Vitt Rahhit education policy with respect to affliated colleges came to an end, at least in formal terms, if not in a substantive way.5 Issues and Problems in the Affliation of Colleges As against 498 government colleges, there are 272 private colleges in Bihar, according to the AISHE, 2017–18. Since it is based on actual response it is quite likely that number of private colleges will exceed the fgure of 272. The enrolment in government and private colleges are respectively 11 and 2 lakhs. Based on enrolment, the extent of privatization in Bihar is only 18% as opposed to 65% at the all-India level. The problem of the affliation of colleges is severe with respect to private affliated colleges. The Acts, Statutes, Ordinances and Regulations of the university may be in place. However, the problem arises with respect to implementation. The magnitude of the problem is so deep that universities have to spend considerable time sorting out all the affliation problems. Issue of Delay Since private affliated colleges lack adequate infrastructure and have a shortage of teachers, they are given temporary affliation. Many unaffliated colleges also exist which enroll students, but the students appear for examination by the affliated colleges. The Chancellor of all universities of Bihar, in a meeting of all Vice Chancellors on May 29, 2018 and further on June 30, 2018, directed them to submit proposals for affliation of all colleges for the session 2018–19. Compliance by universities was not made till 17th August, 2018, indicating the mismanagement relating to temporary affliation. A case in point may be cited where Aryabhatt Knowledge University withdrew the temporary affliation of a college without following the procedure, and as result court held the decision of the university to be null and void (Vidyadaan Institute of … vs. The State of Bihar & Ors 2016) Liberal Grant of Affliation A liberal policy to the granting of affliation by the university and the state government has resulted in the mushrooming of professional colleges, mainly Bachelor of Education (B. Ed.) colleges. Intermediate colleges approach for affliation of B Ed without adding to the infrastructure. The reason for this 88

GOVERNANCE AT THE COLLEGE LEVEL

as stated by the Minister HRD and the Chancellor of all universities is the involvement of political bosses who prevail upon decision makers at the university and state government level (Kumar, 2016). When different universities and state government began to inspect and disaffliate colleges, the aggrieved parties approached the court, and in a recent decision of the High Court, there was a stay order served to the state government. The argument of the petitioner was that only the National Council of Teacher Education (NCTE) is empowered to inspect the private B. Ed. colleges (PTI, 2016). Lack of Monitoring by the University with respect to Teaching and Examination At the level of the university there are two important offcers in Bihar: the Inspector of Colleges in arts, and the Inspector of Colleges, science faculties and the Coordinator College Development Council, who have to oversee the functioning of constituent and affliated colleges. However, they fail to properly monitor teaching and examination in private affliated colleges. From the perusal of the proceedings of a meeting held on October 26, 2018 of all Inspectors of Colleges of universities at the Chancellor’s offce it is clear that affliation of colleges, particularly B. Ed. colleges is an important issue. The Principal Secretary, Higher Education, noted the following aspects of monitoring that needed to be taken care of: whether courses are conducted properly, whether examination calendars are being followed, whether photographs are being uploaded on B. Ed. app and whether a monthly monitoring system has been developed. As per the proceedings, 139 colleges were not uploading photographs on the B. Ed. app in spite of repeated requests. 133 B. Ed. colleges have failed to submit the details of teachers in B. Ed. colleges. The proceedings note that there were violations of norms relating to land requirements while granting affliation. Some colleges are running without faculties. Disaffliation of such colleges was ordered by the government, albeit without any result, showing the deep nexus between university and college management.6 Non-Recognition of Affliated Colleges by Professional Councils In the past, there has always been the threat of the de-recognition of many professional colleges in Bihar by the respective professional councils. The common reasons cited are faculty shortage, low occupancy and lack of infrastructure in the case of medical colleges. In a recent move on the recommendation of Medical Council of India (MCI), 250 seats in medical colleges in Bihar were curtailed (TNN 2018). Lord Buddha Koshi Medical College and Hospital, Saharsa was served a closure notice by the Ministry of Health and Family Welfare, Government of India on the recommendation of the MCI. Only seven private and one government homeopathy college in Bihar have been granted conditional permission to start UG/PG courses in 2017, 89

GOVERNANCE AT THE COLLEGE LEVEL

although there are 16 homeopathy colleges affliated to Bihar University.7A related problem in the case of homeopathy and Ayurvedic colleges is that the Ministry of AYUSH carried out inspections and ordered that students not be admitted to these colleges. The Court observed that Ministry has superseded its function by unilaterally ordering and violating the authority of respective professional council in this regard. (B. N. M. Homeopathic Medical … vs. The Union of India & Ors, 2017) Issue of Co-Ordination between State Government, University and the Offce of the Chancellor When Magadh University disaffliated 64 colleges and banned admission from 2018–19 in those colleges, there was huge uproar. It was found that the state government had turned down the recommendation of senate to affliate those institutions and then Magadh University acted to comply with the government order. It is important to understand the role of degreecollege mafa. The government in the past had already rejected its affliation. However, the university did not make this public, working in collusion with the degree mafa, and allowed the fake affliated colleges to run their operations. The issue of a lack of co-ordination is evident in this case behind the ill motive to resort to corrupt practices. The university, on the basis of inspection, found colleges worth affliation, and the senate recommended the affliation. However, the state government had a contrary opinion on affliation and rejected the recommendation of the senate of the university. It may probably be argued in this case that the university took the decision under some infuence and failed to objectively assess the case for affliation. The state government fnally has the last word on the decision because affliation implies an additional burden on the state exchequer and requires the impeccable truth to prevail while taking decisions (Qadir, 2017a). It is important to understand how state government verifed the truth about all affliated degree colleges and on what basis it rejected the senate’s proposal to affliate the colleges. Parallel to this case is one that existed at the center when the UGC found all deemed universities to be working well. However, central government found contrary to such fndings by the UGC and ordered an independent enquiry into the functioning of the deemed universities quite some years back. There are other instances in which the state government rejects the affliation of affliated degree colleges and the affliation is granted by the Chancellor after hearing the parties concerned.8 Conclusion: Issues of Governance on Affliation of Private Colleges It may be observed that with UGC regulation on affliation in place there is always a delayed response by the state government in incorporating the 90

GOVERNANCE AT THE COLLEGE LEVEL

features of regulations in state universities’ acts and statutes. The statutes for the affliation of Bihar universities have been amended from time to time, yet so far, they have not been able to incorporate all the features of UGC regulations. Aryabhatt Knowledge University, having the role of recognizing affliated colleges imparting technical education, has fully incorporated the UGC regulations for the affliation of technical education institutes. However, the problems of affliation are not to do with whether statutes are in place or not. The problems are much deeper. It would be better to summarize the problems of affliated colleges. How can we explain the problems of affliated colleges? In our opinion, the summary of arguments presented reveal that private colleges represent the interests of private individuals or the community consisting of some interests represented by teachers and management. There is, at times, the scenario of confict between university representatives and the private interests of the college on grounds of some lapse or other. Then a bargain begins and an agreement is settled whereby the university is pressurized to affliate. However, the ultimate authority for granting the affliation lies with the state government. Almost independently, a tussle exists between private parties representing the management of the colleges and the state government, which is often constrained by fnancial exigencies as the grant of affliation has also led to a burden on the exchequer since the Vitt Rahhit Shiksha Niti was abolished in the state. This confict is sometimes resolved if a bargain is struck between the parties. However, often, the aggrieved party approaches the court. The court takes its own time to resolve the matter. In the meantime, students are admitted and allowed to appear at examination. No matter what way the court settles disputes of whether to grant affliation or not, damage has already been done as no-one is interested in monitoring and improving the standards of education. This is refected in the co-ordination failure between the university and the state government. However, the failure is the result of the fghts between different power blocks and the resulting economic gains or losses. The offce of the Chancellor may be another party in the power center and economic gains or losses. The interested party plays the blame game, reducing the constructive spaces within which issues can be resolved. In fact, many observers of higher education argue that the situation in higher education governance has reached a point of no return. The only possible future for higher education in Bihar seems to be heading towards rationalities of centralization, market and technology. The university as an institution will be weakened. It will be deprived of autonomy and responsibility amidst a resource crunch. I, however, do believe that some positive solution through trust, autonomy and reduction in power centers may be developed if the state government is willing to initiate positive steps. It is important that managing bodies of the affliated colleges are properly constituted and that these managing bodies are allowed to play an active role in the development of the colleges. Even if managing bodies are 91

GOVERNANCE AT THE COLLEGE LEVEL

politically backed, they should be taken into the confdence of the university administration. The members of the syndicate may organize a meeting with the members of the governing body once or twice a year and they be asked to apprise the university of the developments within a college. An isolation of private affliated colleges from the mainstream should be established and a constructive and co-operative relation can be developed. Much of the problem of affliation is the practice of temporary affliation for want of teacher and infrastructure. As a result, colleges have to reapply every year for permission to admit students and to allow students to appear at examination. Hence, an effort needs to be made to treat affliated colleges on a par with the constituent colleges. In the state of Bihar, unlike in many other states, private affliated colleges were strictly not allowed to commercialize education by charging high fees, except maybe in few professional areas. The affliation and running of B. Ed. colleges is emerging as a commercial proposition backed by a hike in fees on the grounds of the need to maintain standards as per NCTE guidelines. However, in most private affliated colleges which run non-professional courses, it is the duty of the state to fund affliated colleges adequately and in a timely manner. Some formula for the raising of resources to meet the cost of education needs to be chalked out in consultation with the governing bodies. For example, if X is the cost of education, then 50% of the resources should be generated internally by fees, 25% by community and management and the rest, 25%, of the resources by the government. The present method of performance-based funding is eyewash. This is leading to the liberal evaluation of students with very harmful consequences such as the mushrooming of ‘frst divisions’ in private affliated colleges. In affliated colleges, teachers are paid meager salaries, and, in many cases, their pay may be less than the minimum wage admissible to any employee. I am not in favor of maintaining a hierarchy. However, to begin with, teachers may be paid the remuneration admissible to a guest teacher. All teachers at private affliated colleges must be treated on a par with the teachers of constituent colleges in terms of all duties being assigned by the university. No duality should exist between constituent colleges and private affliated colleges nor between teachers at the two types of college. There are four stakeholders at the top with respect to the management of affliated colleges. They are the state government, the university, the offce of the Chancellor and the judiciary. There are four blocks of power governing affliated colleges. It is impossible to have unity among them. Hence it is necessary that the power bloc should be one. The university must be the ultimate authority, and the only role of state government is to oversee whether the university is functioning properly or not in terms of discharging its statutory powers over affliation. If university fails to perform, then the state government has the power to book the culprit. 92

GOVERNANCE AT THE COLLEGE LEVEL

There is a suggestion to establish three universities in the state which can exclusively deal with private colleges. The existing state university should only deal with the constituent colleges. The then Magadh University Vice Chancellor, Mohd Ishtiaque, has already submitted a proposal in this regard to the government. This is a welcome suggestion so long as these two different types of universities do not suffer from duality. However, a contrary argument was presented during a feld visit. It was pointed out that universities only catering to private colleges and universities only catering to constituent colleges will lead to deepening of duality as healthy competition will not be promoted in actual practice. If both types of university exist under one university, the same yardstick can be maintained for both types of college and duality may be minimized.

College Governance: Appointment of the Principal Appointment of the Principal The governance of a college depends on the academic leadership role of the Principal. If the Principal of a college is visionary, has the ability to engage the faculty and students and has the competence to co-ordinate with the university administration and seek the support of all the stakeholders, the college may progress with time. However, the experience of the governance of colleges has been recently guided by more and more formal rules and regulations, and the autonomy of the Principal in the governance of a college has been seriously hampered. The prevailing practice, in the absence of permanent recruitment to the post of Principal by the BPSC/University Service Commission, is that of appointing one of the most senior teachers of a college to act as a Principal in Charge. This is being done at the level of the Vice Chancellor, who has also the power to transfer the Principal from one college to another in a university. One advantage of the most senior teacher being the Principal is the fact that he or she is recognized by the junior faculty members. Moreover, the principal is also a position of the teaching cadre and carries all the advantages of privileges granted to the teachers. For example, if the age of retirement of a teacher is 65 years, the Principal will also superannuate at the age of 65 years. However, the position of Principal in Charge is a purely ad hoc arrangement and the Principal continues to be in charge as long as he or she enjoys the confdence of the Vice Chancellor of a university. Hence the position of Principal becomes vulnerable to the decisions of the authorities and offcers of the university. Moreover, it has also the disadvantage that the Principal may not necessarily, by virtue of being the most senior, have the merit of being an academic administrator. He or she may not be aware of rules and regulations although he or she may be good academically. In 2008, the University Selection Committee was empowered to appoint college Principals on a substantive basis. In almost all universities of Bihar, 93

GOVERNANCE AT THE COLLEGE LEVEL

the selection was made on the basis of advertisement. For example, it was reported that in Bihar University, out of 39 constituent colleges, the post of Principal was flled in 22 constituent colleges. Similarly, in other universities, the post of Principal was also flled through selection by the University Selection Committee, notwithstanding the fact that the appointment was mired in controversy and cases are still pending in court. In recent years, following on from UGC pay committee recommendations and the 6th Pay Award, the thinking of the regulatory body seems to have changed. There seems to be an understanding that the permanence that the post of a Principal enjoys is no good as s/he may develop vested interests and serve those interests in the governance of a college. Moreover, there is a growing awareness of the fact that the Principal is a position of the administration cadre. Principals should be treated different from the teaching faculty. Principals should be separately trained in leadership. There has been really no regulations or guidelines specifcally for the college Principals. There are no schemes or programs for the development of this capacity except the one organized by the Human Resource Development Centre. UGC does not seem to be much concerned about the role of Principal in the governance of a college. The Gnanam Committee suggested that the Principal is the key position in the governance hierarchy and it also states that the Principal acts as the buffer between the university and its own management. S/he has role in scheduling classes, determining the work load of teachers, maintaining student discipline and allocating fnancial resources. However, in our view, the role of a Principal in governing a college is much wider. It starts with admission, teaching, learning, examination, scholarship disbursement, developing and maintaining infrastructure and conducting students’ union elections, and spans to responding to university, government and other stakeholders from community and civil society. However, neither state government nor the university has responded properly to address the problems and concerns of the Principal of a college in the state. The Gnanam Committee has recommended the post of Principal to be tenure based for 5 years. This may be in recognition of the fact that Principal should be treated as a separate, non-teaching cadre and should be distinguished from the faculty in so far as the Principal must have the administrative acumen to run the college. This leads to a separate identity of the Principal, one distinguished from the faculty members.(UGC 1990) The recruitment and selection process of the Principal and the emerging problems and ways out of it are presented below. UGC Regulation 2010 as Amended in 2018 As per Clause 4.2 of the UGC Regulations on Minimum Qualifcations for Appointment of Teachers and other Academic Staff in Universities 94

GOVERNANCE AT THE COLLEGE LEVEL

and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010, the required qualifcation for the appointment of Principal is (i) a Master’s degree with 55% marks, (ii) a Ph. D. degree in a concerned/ allied/relevant discipline with evidence of published work and research guidance, (iii) Associate Professor/Professor experience with a total of 15 years of teaching/research/administration, and (iv) a minimum API score. As per Clause 5.1.6 of the UGC Regulation, the composition of the Selection Committee for the post of college Principal shall be (i) Chairperson of the governing body as Chairperson; (ii) two members of the governing body of the college to be nominated by the Chairperson, of whom one shall be an expert in academic administration; (iii) one nominee of the Vice Chancellor, who shall be a higher education expert (in the case of colleges notifed/declared as minority educational institutions, one nominee of the Chairperson of the college from out of a panel of fve names, preferably from minority communities, recommended by the Vice Chancellor of the affliating university, of whom one should be a subject expert); (iv) three experts consisting of the Principal of a college, a Professor and an accomplished educationist not below the rank of a Professor (to be nominated by the governing body of the college) out of a panel of six experts approved by the relevant statutory body of the university concerned; (v) an academician representing SC/ST/OBC/minority/women/differently-abled categories, if any of the candidates representing these categories is the applicant, to be nominated by the Vice Chancellor, if any of the above members of the selection committee do not belong to that category. At least fve members, including two experts, should constitute the quorum. The term of appointment of the college Principal shall be 5 years, with eligibility for reappointment for one more term after a similar selection committee process. The UGC regulations 2016 provided further that in the case of reappointment, there shall be an external peer review process, and its recommendations and its outcomes shall be considered by the Selection Committee in reappointment. In the UGC regulations, 2018, further changes were made. A college Principal will have only Professor grade. The clause specifying an MA with 55% marks clause has been deleted. A minimum of 120 Research Score as per the performance assessment table is required. In the selection committee, instead of one nominee of the VC, there shall be two nominees of the VC. Further, the composition of the External Peer Review Committee is specifed. In this, it is important to note that nominee of the Chairman of the UGC has also been kept, making the whole process of reappointment highly cumbersome. It is important to understand that the recruitment and appointment of Principal following from the 6th Pay announcement of the UGC and its 2010 regulations as amended from time to time have made the task of putting regulation into practice a little diffcult for the following reasons: (i) 95

GOVERNANCE AT THE COLLEGE LEVEL

The question arises as to why the post of Principal was made universally tenurial whereas the past practice of permanent Principal of the college or Principal appointed on seniority might have been working well. (ii) By virtue of tenurial appointment, the post of the Principal was part of a separate cadre. Why should all state governments be forced to have a separate cadre? (iii) By virtue of being a separate cadre based on administration, the post of Principal becomes a non-teaching cadre. What advantage is there in the post of Principal being separated from the teaching cadre? (iv) By virtue of being a non-teaching cadre, the age of superannuation of the Principal is guided by the respective state government’s rule, and the advantage of teachingcadre superannuation at the age of 65 years is lost. (v) The post of Principal becomes completely ad hoc, and in the case that lien is not granted to an employee, no-one wants to accept. If he or she accepts the post without lien, then after 5 years of service, s/he might have to search for another job. In the Indian circumstances, where the job market is not so fexible and job security is an important consideration when joining a service, the post of Principal becomes a non-attractive cadre. It may not be a good idea to separate the cadre of Principal from the teaching cadre. Surprisingly, the framers of UGC regulations, whatever be the logic, did not clarify this in the UGC regulations. Hence it would be interesting to examine the regulation on the recruitment and appointment of the post of Principal from the point of view of practical rationality. To understand the practical diffculties, the case of the state of Bihar is examined. Selection Committee of Bihar University Act, 2012 The Patna University Act, 1976 (Bihar Act 24 of 1976) has been enacted by the State of Bihar in supersession of the Patna University Act, 1961 and the amendments made and ordinances issued under the said Act. Clause (k) of Section 2 of the Act defnes ‘Principal’ to mean ‘the head of a college.’ Clause (r) thereof defnes ‘teacher’ to include ‘Principal, University Professor, College Professor, Reader, Lecturer, Demonstrator and other persons imparting instruction in any department, or in any college or institute maintained by the University.’ By virtue of Principal being a teaching cadre, all the recruitment and appointment procedures applicable to teachers were also applicable to the post of Principal. Therefore, in Bihar, the recruiting and appointing authority was the BPSC till 1990, except for a brief period when university selection committee was operational during 1982–83. After 1990 it was the Bihar University (Constituent College) Service Commission which was responsible for the selection of Principals. Compositions of Selection committee for the appointment of teachers for both constituent and affliated colleges are discussed in the section on ‘Recruitment and Appointment of Teachers.’ So far as the appointment of Principal is concerned, the usual procedure was that of the interview 96

GOVERNANCE AT THE COLLEGE LEVEL

by a selection committee of three experts. This arrangement continued till 2007 when the University Service Commission was abolished and the power to appoint the Principal was given to the Selection Committee at the level of the university. In 2007 the Bihar State University (Constituent Colleges) Service Commission was replaced by a selection committee to be constituted by the Chancellor in accordance with the provisions of the university act and the statute. Appointment to the post of teachers and offcers (other than Vice Chancellor, Pro Vice Chancellor, Registrar and the Dean of Faculty) of the University shall be made by the University on the recommendation of the Selection Committee consisting of the following members: (1) The Vice Chancellor; (2) one member to be nominated by the Chancellor; (3) one member to be nominated by the Government; (4) three experts not connected with the university to be nominated by the Vice Chancellor from a panel of not less than seven names approved by the Academic Council for each post, out of which at least one member should belong to scheduled caste/scheduled tribes and two shall be from outside the state; (5) the head of the department of the discipline concerned. The selection committee shall prepare a merit list for appointment of teachers and offcers from amongst the eligible candidates and make recommendation for their appointment according to merit in conformity with the reservation roster prepared by the university in accordance with law relating to reservation in appointment in force in the state. The Principal appointed could be either on a Reader’s scale or on a Professor’s scale. For the former, besides an MA in a relevant subject with 55% or B grade, a Ph.D., research experience of the 10-year teaching/ research experience and for the latter 15 years such experience was desirable. It may be noted that in 2014, the appointment of Assistant Professor was handed over to BPSC. However, the appointment of Principal in a constituent college remained with the University Selection Committee. With the enactment of the University Service Commission in 2017, it is not clear whether the power of the university-level Selection Committee with respect to the appointment of teachers and offcers, including the Principal, ceased to exist or not. Court Cases Case no. 1 MR. X VS. THE PATNA UNIVERSITY & ORS

The case relates to the selection and appointment of X as Principal at Bihar National College, a constituent College of Patna University, for which the advertisement was issued in 2008. The Scrutiny Committee after examining the application made a remark that X was not eligible. Nevertheless, the 97

GOVERNANCE AT THE COLLEGE LEVEL

candidature of the applicant was considered by the Selection Committee and he was found suitable for appointment as Principal of the college. After the approval of the syndicate in June 2009, Mr. X joined as Principal in 2009. After one and a half years there was a petition in the court in 2011. What was the challenge to the appointment of Mr. X as Principal? The dispute in the court was that Mr. X was not eligible for appointment as Principal in the College on three grounds: (i) He did not possess the required postgraduate qualifcation or Doctorate in Social Sciences/ Humanities/Science; (ii) he was found to be ineligible by the scrutiny committee; and (iii) he did not possess the requisite teaching/research experience because for 5 years during the relevant period the appellant was a student in Nara Institute of Science and Technology in Japan. Moreover, the selection committee constituted by the Vice Chancellor was not in consonance with the relevant statutes. On the grounds that Mr. X had a postgraduate qualifcation in electronics, a subject not taught in B. N. College, the scrutiny committee rejected the application, the selection committee was not properly constituted, and court set aside the selection and appointment of Mr. X as Principal of the college. Subsequently on a court order, Mr. X was served notice to quit the offce in 2011. Mr. X was without job from 2011 and appealed to the Court against the order of the Court in 2011. The double bench judge in a ruling set aside the single court judgment in 2014. The university then allowed Mr. X to return as Principal of B. N. College, Patna. The case shows that in practical terms, in spite of regulations, every clause of the regulation may be interpreted differently and may cause dispute. Theoretical rationality implicit in regulations may not deliver justice in the real world (Dr Raj Kishore Prasad vs. The Patna University & Ors, 2014; TNN, 2011). Case no. 2 22 PRINCIPAL’S APPOINTMENT AT MAGADH UNIVERSITY

There was an advertisement in 2008 for the appointment of Principals at 22 constituent colleges. The university selection committee recommended the names of the Principals to be appointed in the colleges in 2009. The selection process and the constitution of the selection committee was challenged in the court, and in 2011, the court set aside the appointments and all the Principals of the colleges were allowed to function without fnancial power till a fresh selection process could be initiated and completed. The decision was challenged through a Special Leave Petition in the Supreme Court which was vacated. The Court ordered the university to have fresh selection process. The then acting VC of Magadh University initiated the process. When the interview was about to begin, there was a public interest litigation in the High Court to stop the interview. The order was complied 98

GOVERNANCE AT THE COLLEGE LEVEL

with. However, another SLP was fled in the Supreme Court which stayed the order of High Court and ordered the completion of the selection process within six weeks. Though the interview was conducted and the merit list prepared, some of the members, after having signed the list, then withdrew from it. Hence the selection process was subject to controversy and the state government ordered an enquiry. However, because of non-co-operation, the enquiry could not be completed. Since the selection could not be completed within six weeks, a contempt case was fled in the Supreme Court. The Supreme Court upheld the selection, and in 2012, the university issued an order to all 22 Principals to join the college. Some aggrieved teachers, not selected as Principals, fled a writ in the High Court in 2012, and the court gave the ruling in 2014 that selection process suffered from inherent faults and directed the university to conduct a fresh selection and ordered a vigilance enquiry in 2017 (Dr Raj Kumar Mazumdar & Anr vs. The State of Bihar & Ors 2017; Qadir, 2017b,c). The case study shows the governance of higher education in Bihar with respect to the appointment of Principal suffered on various counts: (i) the bias in selection process caused by the ill motive of the Vice Chancellor, (ii) the failure of state government to carry out an enquiry to examine the irregularities, (iii) the failure of the university administration to comply with the Supreme Court order, and (iv) the failure of the offce of Chancellor to bring order in academic administration. Points of Ambiguity: Principal’s Post as Teaching or Non-Teaching Controversy still persists as to whether the role of Principal is a teaching cadre or a non-teaching cadre. As noted above, it was a teaching cadre before 2007. Principals were indirectly declared ‘non-teaching’ as per the UGC regulation on Minimum Qualifcation of Teachers, 2010 as well as the Bihar State Universities Amendment Act, 2012 and Patna University Amendment Act, 2012. This indirect inference is drawn from the point that the appointment of Principal was for a defnite period of 5 years, extendable for another 5 years. Hence, if a teacher joins as a Principal, going back to the teaching profession is impossible if he is not on deputation or lien. So it becomes a separate cadre. If the government does not explicitly recognize the post of Principal as a teaching cadre then it can only be a non-teaching cadre. If it is a non-teaching cadre, then the age of superannuation of the Principal is 62 years instead of 65 years. However, the Principals of several constituent colleges under different universities in the state have allegedly been allowed to continue even beyond the age of 62 years. In the wake of a notifcation of the Bihar government, issued in September 2017, several college Principals have been superannuated by their respective universities with effect from a back date, to coincide with the attainment of the retirement age of 62 of each principal. This retirement with retrospective effect 99

GOVERNANCE AT THE COLLEGE LEVEL

means that the Principals who had worked and signed fles beyond the age of 62 years may have to pay the salary back, but what about the decisions made by the Principal during the period of extension? How those decisions can be reverted? (Kumar 2017a; Kumar 2017b; Mishra, 2017a; 2017b.) In the meantime, the Bihar government passed the Bihar State Universities Amendment Bill, 2017 and the Patna University Amendment Bill, 2017 by the state legislature. Both the Bills treat a college Principal as a teacher. It means that the age of retirement of a Principal will now be 65 years. All the principals who attained the age of 62 in the 2012–2017 period could not get the beneft of the 2017 act, even though they were allowed to continue in offce beyond the age of 62 years, in disregard of the 2012 act. The next question is whether the post of Principal will be a tenurial post as it is under UGC regulations, 2016 or 2018 draft. If the post of Principal now becomes permanent, he or she may continue till the age of retirement beyond 5 years. If it is treated as teaching cadre, will it not lead to the violation of UGC regulations? To sum up, there are various issues and problems of governance as is evident from the above description of the recruitment and appointment of Principal. Frequent changes in UGC regulation, which is binding upon all the universities, may not be appropriate as the university governance with a particular regulation guided by the statutes of the university stabilizes over a period of time. A change in UGC regulation leads to changes in the statutes/ordinances of a university with a time lag. The adjustment of a new regulation destabilizes the practices. Confusion prevails, and whenever some decisions are taken, the matter goes to court in order for the dispute to be settled. Second, the state government responds to the pressures exerted by certain interests and decides the matter through executive or legislative measure. Such decisions create discrepancies in governance or goes against the regulation of UGC. Another problem of governance relates sometimes to the arbitrariness involved in the appointment or selection process at the level of university. The arbitrariness may harm the interests of some teachers who then appeal in court. If court orders to undo the decision made earlier by the university, then instability is again caused in governance.

Internal Governance of Colleges The internal governance of a college relates to some important areas of activities such as admission, the teaching–learning process, examinations, extracurricular activities and cultural and sports events. The management of the services such as the library, common room facilities and hostel are also necessary in imparting a good education. The availability of technology such as internet and Wi-Fi services and their use by students and classroom practices with the use of technology by teachers add value to undergraduate and postgraduate programs of education. Banking, transport and canteen 100

GOVERNANCE AT THE COLLEGE LEVEL

facilities are also part of the internal governance of a college. Moreover, leadership, interpersonal relations, team work, innovation and good practices in a college are some of management-related issues. Discipline, attendance of teachers and students, punctuality and offce management matter in the ecosystem of a college. A detailed understanding of all matters is not in the scope of this research project. It would suffce to present some of the results relating to the internal governance of a college. The AISHE Survey and information from interviews, focus group discussions, observations and questionnaires will form the basis of information on the internal governance of a college. To understand the internal governance of a college, the methodology adopted is a mixed one – quantitative as well as qualitative. The results cannot be generalized as some individuals/departments/colleges may be exemplary, yet the result may be typical of the overall situation on the internal governance of a college.9 There are three critical areas of internal governance that we would like to highlight: admission, teaching–learning, the choice-based credit system and examinations. Centralized Online Admission Admission has been done in respective colleges or universities on the basis of 12th class marks, except in the case of Patna University, which used to conduct an entrance examination for admissions. The Bihar Government has now introduced a centralized online admission system for colleges from the year 2018. The new system is called the Online Facilitation System for Students (OFSS). The Bihar School Examination Board (BSEB) has developed the OFSS to enable students to be admitted to the graduation/degree colleges of the ten universities, except Patna University. Using OFSS, students will apply online for admission into graduation/degree courses for the session 2018–21 for Hons. Paper or Pass courses (wherever available) in Arts, Commerce or Science streams. Candidates can choose up to a maximum of 20 courses and colleges in the state. The online application fee is Rs.300. The frst merit list contained the names of 3.5 lakh candidates against 4.5 lakh seats in the colleges of the ten universities. The online admission portal at colleges in the state will bring more transparency and effciency to the undergraduate admission process. It is said to prevent admission of students beyond the permitted intake by the university. State government has set up around 2800 Sahaj Vasudha Kendras or help centers that will assist those students who do not have computers and access to the internet at home to fll the application forms. Students will also have the option to apply through district registration and counselling centers. As opposed to the effciency argument there is an argument in terms of a ‘jolt to the university’s autonomy.’ It is argued that centralization should have been at the level of the university. The process of centralized online 101

GOVERNANCE AT THE COLLEGE LEVEL

admission was full of diffculties, yet believers in technology feel that the system will be perfected in due course. Hence the policy response to the shortage of manpower in dealing with the internal governance of a college rested in centralization and the power of technology, which restricts the autonomy of the institutions. Teaching–Learning There was almost complete unanimity in the lecture method as the predominant method of teaching. It was reported through the teacher and student questionnaires and following the discussion with the teachers and students that the frst lecture of an academic session is normally delayed – with variations in delays in different colleges and universities. Student attendance gradually comes down and there is hardly any interest in the knowledge part of the curriculum transaction. Students have no minimum competency to understand the subject as per the syllabus, except of course a few bright and interested students. Teachers pointed out that in terms of routine, the load is very high. In effect, however, postponement of classes due to varying reasons is quite normal. The gradual completion of the syllabus is not possible due to breaks in the continuity of classes. Most students reported that 25%–50% of the syllabus is completed. In some subjects, due to the non-availability of teachers, classes in that particular subject are not held. There was, however, an instance of few departments running classes effectively because there were a relatively large number of teachers and they were dedicated to teaching. Students, too, were found to be disciplined. On the other hand, there were opposite reports where classes were not held. Students take admission, fll in the admissions form, pass the examinations and receive a degree certifcate. The situation of teaching–learning is extremely variable. On average, the impression is very poor. A shortage of teachers is an important reason. At almost all the colleges we visited, there was unanimity in the high quality of recruitment of young teachers through the BPSC. In a college where young faculty were large in number, there was optimism that teaching–learning can be revitalized, yet nobody knows how long this optimism will prevail, given the deteriorating ecosystem of higher education. In the focus group discussion, it was noted that more young recruits will certainly send a positive signal to the students, who will come back to classes as soon as they realize classes are held on time and the college is strict in terms of attendance. At present, however, any return to normalcy is simply a hypothesis, as the political decision to recruit faculty is viewed with great mistrust. Optimism is short lived, given the fact that policy at the central level is completely silent on the topic of the shortage of teachers. At the state level there seems to be some concern, but the tactics of delay are employed as they fear the inability to provide budgetary resources for the same. 102

GOVERNANCE AT THE COLLEGE LEVEL

Choice-Based Credit System In line with the approach of central government, the policy is heavily in favor of a technology-driven teaching–learning process and a false expectation of the mindless use of the choice-based credit system (CBCS). The CBCS can only work in a situation where choices can be provided with the large number of subjects and teachers being offered in the same campus – a situation which cannot be realized in the near future in the state of Bihar. The UGC has already come out with guideline on the introduction of CBCS. After a lapse of many years since the UGC directed all universities to introduce CBCS at both the undergraduate and postgraduate level in 2015–16, universities in the state of Bihar are all set to introduce a choice-based credit system at the postgraduation stage from the new academic session in July 2018. Ironically, the offce of the Chancellor of all universities was very proactive in implementing CBCS. It directed all the universities to prepare syllabi in assigned subjects as per CBCS guidelines with no result by April 2018. After that, the whole exercise was centralized at the level of the offce of the Chancellor and completed with regulations passed by the Chancellor. This shows that the offce of the chancellor directs universities on matters that need to be settled within the universities. Whether semesterization, mobility of students with the transfer of credit and choices to be made available to the students will be achieved with the introduction of CBCS is an open question to be answered in the near future. The use of technology in online courses, the Massive Open Online Course (MOOC), the National Digital Library, lecture videos and teaching–learning method workshops and faculty development programs are said to be the answer to improving quality and perhaps addressing the issue of shortage of teachers, as technology has the advantage of allowing the scaling up of teaching. E PG Pathshala and the Consortium for Educational Communication (CEC) lecture videos are being popularized. The National Mission on Teachers, through its program intervention, are said to be effectively developing the capacity of teachers to make the teaching–learning process technology savvy. The reality on the ground is far removed from such realization. The teachers’ questionnaire result shows that college teachers in the state are hardly aware of Teaching Learning Centers of National Mission on Teachers and Teaching. They have not been using the National Digital Library. They have not been selecting courses from MOOC available through Swayam Prabha from the MHRD website. They have not developed e-courses. Some teachers, however, responded positively to the use of online course material. Given such a low level of technology exposure, the policy approach on the use of technology-enabled learning in the colleges of Bihar is not going to succeed in the near future. Technology absorption in higher education is a question of behavioral change, and unless a new 103

GOVERNANCE AT THE COLLEGE LEVEL

generation of teachers are exposed to it, technology as an answer to improve the effciency of the teaching–learning process may prove to be far off in the colleges of Bihar. Examinations The challenge to governance related to examinations in colleges is acute. Much of the governance challenge is at the level of the university. Conducting examination of lakhs of students in a university in different subjects is a process-oriented set of activities. Any lapse in any activity causes a delay as subsequent activity is affected. For example, if a question is leaked, the examination is postponed till a new question is set and new date is announced. Determining question setters, question setting, the publication of answer scripts, the determination of centers of examination, the distribution of question and answer papers, holding the examinations, the collection of answer papers, the evaluation of answer papers, the tabulation of results and the distribution of marks and degrees are all activities which are to be dealt with with a high degree of confdentiality and the utmost caution. At the college level, the greatest challenge is to ensure the prevention of unfair means. Any delay in examination results delays the academic session, and then student protests take place. There is a recent example of a university in which only 10% of students passed the examination in Psychology and it led to demonstrations by the students. The examination system in Bihar universities has been regularly disrupted. Sometimes, this is due to papers being leaked, the non-printing of question papers, errors in admission cards and mass copying. Delays in examinations has resulted in the intervention of the Chancellor of all universities in Bihar. In a meeting conducted by the Chancellor on August 31, 2018, the status of conduct of examinations by different universities was given as shown in Table 4.7. To improve governance in the conduct of examinations, strict instructions were given to the Controllers of examinations of all universities in Bihar, and the role of Pro Vice Chancellors as observers was highlighted. There is no doubt that examination reform is high on the agenda of the Chancellors of all universities in Bihar. The Governor of Bihar, in July 2018, constituted a committee of select Vice Chancellors to examine the modalities and legalities of holding pending exams in a short span of time and for declaring zero sessions to streamline the academic and examination calendar of the universities of Bihar.10 Centralized decision making is the strategy of the governance of higher education in Bihar. The strengthening of university and college-level organization is not the focal point of governance. Directives are issued from the highest level concerning the conduct of student union elections; the introduction of biometric attendance for teachers, research scholars and 104

GOVERNANCE AT THE COLLEGE LEVEL

Table 4.7 Status of Conduct of Examinations by Different Universities Name of university

Status of conduct of examination

Jai Prakash University, Chapra

Examination of 2014–17 session of Undergraduate Part-II and examination of 2015–18 session of Undergraduate Part-I were conducted in July 2018; result has not yet been published. The reason for inordinate delays in the conduct of examinations was the non-availability of answer papers and distribution of admission cards to students.

Bhupendra Narayan Mandal University, Madhepura Veer Kunwar Singh University, Ara

Tika Manjhi Bhagalpur University, Bhagalpur

A strike by non-teaching employees was the reason that the examinations of degree part I of 2017–20 session were not held. Corrections in the pending result of 6000 students was another reason for delays in the scheduled examinations. A delay in payment to agency which supplies stationery required to conduct the examinations was the main reason for rescheduling the examinations.

Source: Data accessed from the Orders and Directives: Proceeding of Meeting of Controller of Examination held on 07.09.2018 at 11.30am under the Chairmanship of Principal Secretary to Governor, Bihar. (http://governor.bih.nic.in /ORDER/Proceeding%20of%20the% 20meeting %20of%20Controlle r%20of% 20 Examination%2007092018.pdf accessed on October 26, 2020.)

non-teaching staff; framing academic and examination calendars; regularizing academic sessions; improving the quality of research; timely payment of retirement benefts to university teachers and staff; strengthening of grievance redressal cells enforcement of fnancial discipline; and NAAC accreditation of colleges and universities. All the directives then face the problem of implementation.

Analytical Understanding of Governance in Higher Education Any ideal conception of governance in terms of rational understanding will not prove to be an appropriate methodology. The reason is that the ecosystem of a college is complex one determined by heterogeneous factors. A few examples may throw light on this. There are many departments in a college without even a single teacher. We came across a reputed college where there are thousands of students who have to study Hindi as a compulsory subject. There is not even a single Hindi teacher. What can a Principal of a college do who has no power to appoint a teacher even on a temporary basis? He is a mute spectator and shows his helplessness if students approach him. However, students rarely approach a Principal with such a complaint as they are aware of the serious shortage of teachers. In fact, they feel relieved 105

GOVERNANCE AT THE COLLEGE LEVEL

as there will be no hurdles in roaming around, attending family care or supporting family profession or going to a coaching institute. Attending a coaching institute is a sacred duty out of all other activities for the majority of students – whether in early morning or late evening. The teacher in a coaching institution, unemployed and having failed to be employed in the mainstream system of higher education, waits eagerly for students for a paltry sum of money, on average for less than Rs. 1000 per month. On the basis of information collected on a thin sample from a few colleges, 75% of students have joined coaching institutes and prefer to attend classes there rather than in the college where teaching is based on curriculum that is supposed to impart knowledge but the education is not good enough to get a job. Students belonging to the lower middle classes have developed aspirations which can be fulflled by earning some entitlement to income. The degree certifcate is that entitlement for which students apply to a college. It is supplemented by a skill in a coaching institution to crack competitive examinations to earn a job. What is the political compulsion that determines the governance of higher education? Internal governance is a function of resource availability in a college. A limited number of teachers and non-teaching employees cannot run a college effciently, particularly when the student teacher ratio exceeds 100. Hence resource availability is sine qua non for a college for effcient internal governance. No managerial skill can run a system that suffers from a shortage of resources within a system that puts legal and other restrictions on the functioning of a Principal. The government does not allow fees to be raised to make a system equity oriented which is a political compulsion in a state where level of development is low. Fee restrictions are made on the grounds of social justice that has appeal to the masses. It facilitates a vote in the name of social justice. Hence, whereas economic rationale favors the raising of fees, political rational opposes it. Political rationale dominates over economic rationale. However, when a student frustrated from college turns to a coaching institute, he or she is compelled to follow the rules of the market and deposit Rs. 12,000 per annum in the coaching institute in the expectation of earning a job. A college will not only be viable economically but will be able to govern effciently if internal resources are raised by an increase of fees to Rs. 10,000 per annum. A college can provide knowledge with skills much better than a coaching institute if it is allowed to raise resources. However, this economic logic fails to operate because of political constraints and the fact that the discredited higher education system is subject to the forces of market. It is this complex scenario that is an obstacle for the effcient internal governance of a college. The point to note is that governance is resource constrained, and good economic logic to raise resources is politically constrained. Good governance is possible only by raising resources and employing manpower to use those resources. However, whether resource can be raised depends to a great 106

GOVERNANCE AT THE COLLEGE LEVEL

extent on politics. Populist politics in the name of social justice impedes economic logic from operating and fnally gives way to the market route, which students are compelled to follow by enrolling themselves in a coaching institute. Market triumphs through the route of democratic populism. We have tried to clarify above the political economy of governance that accounts for governance failure. The solution to the governance failure can, therefore, only be achieved through the route of addressing the problem by a combination of politics and economics. In other words, if it is possible to convince the electorate politically that the best economic solution in the long run is to raise internal resources, combining these with budgetary resources, it is possible to correct resource-constrained governance failure. It is necessary to keep in mind that even if resources are made available, resource availability by itself cannot guarantee effcient governance. Only a robust organizational structure along with resources can guarantee good governance in a college. It can be asked whether a robust organization structure is possible. There is a popular discourse that is constructed. A popular discourse is that organization, particularly that of the government, has failed. Why it has failed? It has failed because self-interested individuals working in an organization suffer from selfsh motives. They are not duty bound. They resort to corrupt practices. Teachers and non-teaching employees do not function. It is easy to prove this by the ease with which examples of corrupt practices prevalent everywhere can be cited. Honest practices are not cited. They are treated as exceptions. Under such circumstances, trust in the organization and its capacity to function autonomously is lost. All the powers and functions of the organization are curtailed by some clause or the other of the act and statutes of the university. The Chancellor becomes the effective head, and decisions are centralized by the government. By preventing the autonomy of the organization, it is further crippled. An example may suffce. It was pointed out that a centralized online admission system has been introduced all over the state. The explanation given was that an organization – a college or university – has failed to admit students effciently. The simple fact was disregarded that the resourceconstrained college or university has limited means to make its admission system effcient. A centralized online admission system, notwithstanding the problems associated with it, it is argued, can at least effciently deliver the services. The resources were diverted to fnance the centralized online admission system to the state level organization, not at the university level. What was the consequence? A reputed college reported that it used to earn Rs. 30 lakhs per annum at the rate of Rs. 300 per student for 10,000 applicants every year. Now it has been lost. The money goes to the state-level organization. Admission at the college level has to do with all the formalities for which the clerical staff is not suffcient. There is no hope of a twothirds share of the college being returned to the college at least before the 107

GOVERNANCE AT THE COLLEGE LEVEL

admission process is complete. On the other hand, if one lakh students apply for admission, the state level body earns the hefty sum of Rs. 300 lakhs. There is an economic logic to the technology-driven solution of a centralized online admission system at the state level. There is no doubt about it. However, the technology takes away money from the colleges in the name of effciency; whatever resources that colleges garner at the time of admission is simply lost and their organizational strength is weakened without any compensation. Centralization and technology are instruments of power that put organizations under the control of state authority, and the organization becomes weaker by virtue of the loss of autonomy and the resources to admit students.

Conclusion It has been noted that the governance of colleges in Bihar raises many issues. First of all, it was observed that Magadh University, Veer Kunwar Singh University and L. N. Mithila University have a larger number of affliated colleges, and the composition of private affliated and constituent colleges also varies. The large number of affliated colleges by itself raises problems of supervision, admission, examination, etc. Moreover, the student–teacher ratio and the size of colleges in terms of students’ enrollment are so high that the actual teaching–learning process is adversely affected. There is a huge problem with the affliation of colleges. In spite of the state government and the offce of Chancellor fnally providing the time line for various affliation processes, nothing seems to have worked out. Universities under the pressure of vested interests liberally recommend the affliation of colleges to the state government. However, the state government denies permission for the affliation for a long time and fnally accords temporary affliation. In the meantime, such colleges admit students. If there is a delay in the grant of affliation, the private management body and students appeal to the court against the state government, which either refuses or delays the grant of affliation. In the name of academic career of students being wasted, relief is granted to the students, who are allowed to appear at examinations. Teachers also face problems as in the case of selection by the duly approved selection committee, they are not allowed to join as long as permanent affliation is granted. Such teachers who are not employed in a college of permanent affliation are not entitled to receive benefts from the state government. The problems of the co-ordination of the university with the private colleges, the appointment of teachers and non-teaching staff in the colleges and the constitution and functioning of the managing bodies of the colleges have been pointed out. In many cases, they are ad hoc, and the university fails to appoint its own representative in the committee on time. There are also

108

GOVERNANCE AT THE COLLEGE LEVEL

problems related to the disbursal of state government grants. The grants are not only delayed but also their disbursal by the university to the colleges is problematic as per the instructions of state government to the university. There are many colleges where the appointment of Principal is ad hoc as the selection committee procedure is not followed. UGC regulations with respect to tenurial appointment require a sound management system. Universities have to depend upon directions from state government and the Chancellor’s offce to regularize the appointment of Principal. In the meantime, the VC uses discretionary powers to appoint and transfer the Principal. Disputes arise in recruitment and transfer, and appeals to the court take a long time to be settled. Further, it may be noted that the internal governance poses many problems. Recently, a centralized online admission has been enforced by the state government in all the colleges in Bihar, and the experience of the frst year has not been free from problems. The teaching–learning process in most of the colleges in Bihar suffers due to a shortage of teachers and even the absenteeism of students who prefer to join coaching institutes. Ultimately it is the examination process which has to certify students’ merit. It was found to be irregular in many universities. Given the above scenario, the UGC regulation of introducing a semester system and CBCS is meaningless.

Notes 1 See http://akubihar.ac.in/Administration/Docs/Statutes_for_Affliation_to_AKU .pdf accessed on October 26, 2020. 2 See Governor of Bihar order to all universities in 2014, available on http://gover nor.bih.nic.in/ORDER/ksdu-371-28022014.pdf accessed on October 26, 2020. 3 Bihar State University (Amendment) Act, 2013 available on http://www.lawsof india.org/pdf/bihar/2012/2012Bihar22.pdf. accessed on October 26, 2020. 4 ‘Vitta Rahit Siksha Niti’ is a popular term whereby the decision of the government, any affliated colleges are not entitled to get fnancial assistance contrary to existing practice to receive aid or defcit grant. The State Government had taken a policy decision, vide its Resolution No.1065, dated December 19, 1982, whereunder it was decided that the state government shall not bear any fnancial burden to be incurred, owing to the affliation of any college or new faculty/in college resulting into creation of new posts for teachers and non-teaching employees of any affliated college. The concerned affliated colleges were required to bear an additional fnancial burden on their own resources. 5 Amendment Act, 2015 available on http://www.lawsofndia.org/pdf/bihar/2012/ 2012Bihar22.pdf accessed on October 26, 2020. 6 See http://governor.bih.nic.in/ORDER/Proceeding%20of%20the%20meeting% 20of%20Inspector%20of%20Colleges,%20science%20and%20Arts%20& %20Commerce%20date.26.10.2018.pdf accessed on October 26, 2020. 7 See http://ayush.gov.in/sites/default/fles/Permission%20and%20Denial%20ord ers%20issued%20for%202017-18_5.pdf. accessed on October 26, 2020. 8 See http://governor.bih.nic.in/ORDER/ksdu-371-28022014.pdf) accessed on October 26, 2020.

109

Governance at the colleGe level

9 Internal governance is also characterized by the fre-fghting approach and duality in the behaviour of the Principal in terms of bureaucratic and academic approaches (See appendix II). 10 http://governor.bih.nic.in/orDer/B.S.U-24-2018-1913.pdf accessed on october 26, 2020.

References B. n. M. homeopathic Medical … vs. the Union of India & ors (12 December, 2017). In the high court of Judicature at Patna. CWJC No.16589 of 2017. https://indiankanoon.org/doc/162983292/ accessed on october 26, 2020. Dr. raj Kishore Prasad vs the Patna University & ors (10 november, 2014). In the high court of Judicature at Patna. CWJC No. 1843 of 2011. https://indian kanoon.org/ doc/27505993/ accessed on october 26, 2020. Dr. raj Kumar Mazumdar & anr vs the State of Bihar & ors (21 December, 2017). In the high court of Judicature at Patna. CWJC No.9167 of 2012. https:// indiankanoon.org/doc/26994379/ accessed on october 26, 2020. Kumar, a (15 July, 2016). Fake degree colleges in Bihar to face probe. Hindustan Times, Bihar. https://www.hindustantimes.com/education/fake-degree-colleges-inbihar-to-face-probe/story-yx4jQv9prea5oox0U1BJJK.html accessed on october 26, 2020. Kumar, a (24 September, 2017a). In a frst, varsities in Bihar retire college principals with ‘retrospective’ effect. Hindustan Times, Patna. https://www.hindustantimes. com/india-news/in-a-frst-varsities-in-bihar-retire-college-principals-with-retrosp ective-effect/story-PyaZin0uc7gwBxalJSranl.html accessed on october 26, 2020. Kumar, a (27 September, 2017b). Back dated retirement of principals: chancellor seeks report from Bihar vcs. Hindustan Times, Patna. https://www.hindustan times.com/patna/back-dated-retirement-of-principals-chancellor-seeks-report -from-bihar-vcs/story-p1kyWZUmBp7Pp5vpvZG9cJ.html accessed on october 26, 2020. Mishra, BK (11 april, 2017a). chancellor urged to retire principals at 62. The Times of India, Patna. https://timesofndia.indiatimes.com/city/patna/chancellor-urged-to -retire-principals-at-62/articleshow/58115909.cms accessed on october 26, 2020. Mishra, BK (30 april, 2017b). Premature retirement sword hangs on many principals. The Times of India, Patna. https://timesofndia.indiatimes.com/city/patna/prema ture-retirement-sword-hangs-on-many-principals/articleshow/58438092.cms accessed on october 26, 2020. PtI (16 June, 2016). hc orders interim stay on Bihar govt’s inspection of B.ed. colleges. The Indian Express, Patna. https://indianexpress.com/article/education/2 856708hc-orders-interim-stay-on-inspection-of-b-ed-colleges/ accessed on october 26, 2020. Qadir, a (7 February, 2017a). hc hearing in 22 Magadh university principals’ appointment today. Times of India, Gaya. https://timesofndia.indiatimes.com/ city/gaya/hc-hearing-in-22-mu-principals-appointment-today/articleshow/570 08224.cms / accessed on october 26, 2020. Qadir, a (8 June, 2017b). 64 Magadh University colleges disaffliated. The Times of India, Gaya. https://timesofndia.indiatimes.com/city/patna/64-magadh-university -colleges-disaffliated/articleshow/59041861.cms accessed on october 26, 2020.

110

GOVERNANCE AT THE COLLEGE LEVEL

Qadir, a (5 october, 2017c). Decks cleared for removal of 22 MU principals. Times of India, Gaya. https://timesofndia.indiatimes.com/city/patna/decks-cleared-forremoval-of-22-mu-principals/articleshow/60944060.cms accessed on october 26, 2020. tnn (14 May, 2011). high court quashes appointment of B n college principal. Times of India, Patna. https://timesofndia.indiatimes.com/city/patna/high-cou rt-quashes-appointment-of-B-n- college-principal/articleshow/8311652.cms accessed on october 26, 2020. tnn (6 June, 2018). Bihar loses 250 MBBS seats in three colleges, moves Sc. The Times of India, Patna. https://timesofndia.indiatimes.com/city/patna/state-loses -250-mbbs-seats-in-three-colleges-moves-sc/articleshow/64469088.cms accessed on october 26, 2020. UGc 2009 UGc (affliation of colleges by Universities) regulation, 2009. dated: 20.02.2010 (available on https://www.ugc.ac.in/UGc_regulations_colleges.aspx), accessed on January 15, 2021. UGc 2012 University Grants commission (affliation of colleges by Universities) (1st amendments) regulations, 2012. no. F.1-7/2007 (cPP-I/c) dated 13.2.2012 (available on https://www.ugc.ac.in/UGc_regulations_colleges.aspx), accessed on January 15, 2021. UGc 2014 UGc [affliation of colleges offering technical education by Universities] regulations, 2014 (available on http://www.academics-india.com/UGc_regul ations_2014.pdf) accessed on January 15, 2021. UGc 1990 report of the UGc committee towards new educational Management (available at https://www.ugc.ac.in/oldpdf/pub/report/7.pdf) accessed on January 15, 2021. vidyadaan Institute of … vs. the State of Bihar & ors (29 august, 2016). In the high court of Judicature at Patna. CWJC No. 8812 of 2016. https://indianka noon.org/doc/25968189/ accessed on october 26, 2020.

111

5 ISSUES AND CHALLENGES FOR TEACHERS

Teachers’ availability and the recruitment and the promotion of teachers constitute important aspects of the governance of higher education. The gap between sanctioned strength and actual availability of teachers is important to assess. The qualifcations of teachers is another important criterion for assessing the quality of teachers as they directly impact the quality of higher education. From the point of inclusion, the social category–wise distribution of teachers and the gender composition of teachers is also an important area of analysis. As far as the recruitment of teachers is concerned, attracting the best talent at an appropriate time is an aspect of governance. Should it be decentralized at the level of institution or centralized at the level of state level apex body? There are arguments that decentralization leads to timely management but exposes the process to the vulnerability of infuence, adversely affecting the quality of recruitment. In theory, decentralization may be desirable, yet in practice, the quality of recruitment may not be assured. Centralization, on the other hand, may have some advantages in the case of bulk appointment, yet in practice, it may be time consuming and may suffer from corrupt practices. Thus, nothing is sacrosanct about decentralization or centralization as an idea, as in practice a contrary result to the aim may be obtained. Much depends on practical questions surrounding the situation in reality. For example, whichever is the recruitment body, if the body itself suffers from biases and malpractices, it may be diffcult to ensure a high quality of recruitment. Another important question is the method of recruitment. Should teachers be recruited using an objective criterion of points earned in academic achievement and teaching and research experience, or through a written test or interview or some combination of the above? The objective and subjective assessment of the merit of teachers each has its own merits and demerits. Here it can also be asked how judiciously practical questions are resolved. This chapter aims to examine the process through which the recruitment of teachers was managed historically. It is this management that has greatly affected the quality of recruitment of teachers and, in turn, the quality of higher education.

112

ISSUES AND CHALLENGES FOR TEACHERS

Career advancement for teachers is an important issue in their governance. An important consideration is the promotion of merit. If the promotion of merit through an incentive in terms of career progression is lacking, then the higher education system may become stagnant. If the policy of promotion is such that it assures promotion for all the teachers in a timebound manner without much consideration of merit, there will hardly be an incentive to work towards career progression. While some consideration of work experience is important, merit should remain the principle behind the promotion of teachers. It is thus important to understand how merit and time-bound promotion was managed in practice. Was there much incentive for merit to fourish in higher education? As we know, the promotion policy was implemented through UGC regulation, and it is important to understand how was it managed through the state government and university governance system. The chapter analyses the current status of teachers in position against the sanctioned strength 1. It highlights issues and problems in the recruitment, appointment and career advancement of teachers. It also presents the refection of teachers on the governance of colleges and universities in Bihar.

Status of Teacher Position: College and University Level Analysis The status of teachers, as per the government notifcation no.15/ G 1-02/ 2018 (Part I), Education department, Bihar, dated September 4, 2018, is given in Table 5.1. Since the notifcation relates to the payment of salary, it provides the most authentic information on the sanctioned and actual strength of teachers and non-teaching staff in all constituent colleges of the state. As per the information in all the state public universities of Bihar, the total sanctioned number of teacher positions is 13,428. The total strength of actual teachers working in the universities is 5,462. The percentage of actual to sanctioned strength of teachers is 41%. The percentage of actual to sanctioned strength of teachers is highest in B. N. Mandal University, Madhepura (54%), followed by Patliputra University (53%) and T. M. Bhagalpur University (48%). On the other hand, the percentage of actual to sanctioned strength of teachers is lowest in Munger University (25%). As per the information in all the state public universities of Bihar, the total sanctioned position of non-teaching staff is 14,569. The total strength of actual non-teaching staff working in the universities is 9,086. The percentage of actual to sanctioned strength of non-teaching staff is 62%. The percentage of actual to sanctioned strength of non-teaching staff is highest in B. N. Mandal University, Madhepura (77%) and lowest in J. P. University (48%). AISHE provides information on the status of teachers by qualifcation, caste and gender. Close perusal of the information on the number

113

114

808 1288 1861 1013 1015 913 899 1966 701 1805 590 569 13428

Patna University Magadh University Bihar University J. P. University Veer Kunwar Singh University B.N. Mandal University T.M. Bhagalpur University Mithila University K. S. D. Sanskrit University Patliputra University Munger University Purnia University Grand total 489 431 786 316 950 149 247 5462

296 462 627 330

Actual 37 36 34 33 37 54 48 40 45 53 25 43 41

Actual % to sanctioned 1237 1771 1988 903 1178 679 1320 2361 480 1418 772 462 14569

Sanctioned

Non-Teaching

Source: Notifcation no. 15/ G 1-02/ 2018 (Part I), Education department, Bihar dated September 4, 2018.

Sanctioned

University Name

Teaching

Table 5.1 Number of Sanctioned and Non-Sanctioned Teaching and Non-Teaching Posts

739 1291 1087 432 576 523 968 1395 320 1030 389 336 9086

Actual

60 73 55 48 49 77 73 59 67 73 50 73 62

Actual % to sanctioned

ISSUES AND CHALLENGES FOR TEACHERS

ISSUES AND CHALLENGES FOR TEACHERS

of teachers shows that teaching positions reported by AISHE in constituent (government) colleges and postgraduate departments is 13,242 which is closer to the sanctioned strength given in the above table. Notwithstanding the differences in these estimates of actual teacher positions in government colleges and AISHE estimates, we present the composition of teachers by qualifcation, caste and gender type from AISHE. College Level Analysis Qualifcation of Teachers The government colleges have 11,634 teachers, whereas private colleges have 7,875 teachers. Thus, the total number of teachers in constituent colleges is 60% of the total teachers in higher education colleges in Bihar. The qualifcation of college teachers in government and private colleges shows that government colleges have a higher percentage of Ph.D. qualifed teachers (44%) as compared to private colleges (18%). However, it is important to note that the majority of teachers in government (54%) and private (76%) colleges have postgraduate qualifcations (see Table 2). Among the social category, the highest numbers of Ph.D. qualifed teachers are present in general categories followed by OBC in both private and government colleges. The percentage of postgraduate teachers is higher in the SC category followed by ST and OBC in both private and government colleges (See Table 5.2, also Appendix II Table II.1). Social Category-Wise Distribution of Bihar College Teachers The social composition of teachers in the government and private colleges of Bihar is more favorable to the upper caste (general) category at all levels (Table 5.3 and 5.4). In government colleges at assistant professor level, the general category consists of 56% followed by OBC (39%), SC (4%) and ST (1%). At associate professor level, the general category consists of 70% Table 5.2 Qualifcation of College Teachers Level of Education

Govt.

Private

Post Doctorate Ph.D. M.Phil. Postgraduate Undergraduate Below Undergraduate Grand Total

58 5082 114 6249 129 2 11634

33 1445 41 5999 339 18 7875

Source: From Teacher Information Form (TIF) data of AISHE.

115

ISSUES AND CHALLENGES FOR TEACHERS

Table 5.3 Government College Teachers’ Social Category-Wise Distribution (% in bracket) Government college

General

OBC

SC

ST

Total

Assistant Prof. & equiv. Associate Prof. & equiv. Prof. & equiv. Temporary Others1 Total

3718 (56) 2257 (70) 490 (69) 323(75) 403 (61) 7191 (62)

2566 (39) 859 (27) 191 (27) 100 (23) 199 (30) 3915 (34)

296 (4) 96 (3) 23 (3) 6 (1) 51 (8) 47 (4)

36 (1) 13 (0.4) 3 (0.4) 1 (0.2) 3 (0.2) 56 (0.5)

6616 (100) 3225 (100) 707 (100) 430 (100) 656 (100) 11634 (100)

Source: From TIF data of AISHE. Note: 1Demonstrator, Director, Principal, Tutor & Additional Professor

Table 5.4 Private College Teachers’ Social Category-Wise Distribution (% in bracket) Private college

General

OBC

SC

ST

Grand Total

Assistant Prof. & equiv. Associate Prof. & equiv. Prof. & equiv. Temporary Others1 Total

3875 (60) 397 (50) 93 (89) 99 (76) 255 (66) 4719 (60)

2382 (37) 36(46) 9 (9) 29 (22) 108 (28) 2893 (37)

190 (3) 28 (4) 2 (2) 1 (1) 14 (4) 235 (3)

15 (0.2) 2 (0.3) 0 1 (0.8) 10 28 (0.4)

6462 (100) 792 (100) 104 (100) 130 (100) 387 (100) 7875 (100)

Source: From TIF data of AISHE.

followed by OBC (27%), SC (3%) and ST (0.4%). At professor level, the general category consists of 69% followed by OBC (27%), SC (3%) and ST (0.4%). Therefore, at all levels, the social composition of teachers of SC and ST category stands much lower. Moreover, as the level of teachers’ category goes higher, the representation of SC and ST falls drastically. Similarly, among temporary teachers, the representation of SC and ST is also much lower. The social composition of teachers in private colleges follows the same trend. At the professor level, however, the number of general category teachers is very high and the number of OBC category teachers falls drastically (See Table 5.4). Gender-Wise Distribution of College Teachers of Bihar It is evident from Appendix II (Table II.2 and II.3) that the participation of male teachers dominates at all levels in government (80%) and private (74%) colleges. The ender composition of teachers is heavily biased in favor of male teachers as the gender parity index is 25 in the case of government colleges and 28 in private colleges. It is important to note that female 116

ISSUES AND CHALLENGES FOR TEACHERS

participation decreases with the increase in the level of position. In private colleges, 30% of teachers share temporary positions, while in government colleges the share of female teachers at all levels is limited to around only 20%. The SC and ST female participation is almost negligible. The position of SC, ST and females in higher education teaching in Bihar paints a grim picture and requires immediate attention. University Level Analysis Qualifcation of University Teachers At the postgraduate level, there are 1,608 teachers as reported in AISHE data. There are 1,141 teachers in the general category followed by 350 from the OBC, 101 from the SC and 16 from the ST category (Table 5.5). It is important to note that among all teachers in the university departments, 70% of teachers have a Ph.D. as their highest qualifcation followed by 23% with a postgraduate qualifcation, whereas only 5% are postdoctoral. However, the composition of teachers at different levels in different social categories varies. Among the different social categories, the general group has the highest number of teachers (74%) with Ph.D. degree followed by OBC (65%), ST (63%) and SC (48%). Postdoctoral teachers are very few (in general 6%, and in the SC category 5%). The highest number of postgraduate teachers is in the SC group, i.e. 45% (See Table 5.5). Social Composition of Teachers It is important to note that the social composition of teachers in the universities of Bihar is favorable to the upper caste (general) category. Overall, 71% of teachers belong to the upper caste. 22% teachers are from OBC. There is negligible percent – 6% from SC and 1% from ST – of teachers who belong to lower social categories. Moreover, as the level of teachers’ category goes higher, the representation of SC and ST falls drastically. Similarly, Table 5.5 Qualifcation of University Teachers

Below Undergraduate M.Phil. Ph.D. Postdoctorate Postgraduate Undergraduate Grand Total

General

OBC

6 847 65 216 7 1141

1 5 227 11 103 3 350

Source: From TIF data of AISHE.

117

SC

ST

3 48 5 45

1 10

101

16

5

Grand Total 1 15 1132 81 369 10 1608

ISSUES AND CHALLENGES FOR TEACHERS

Table 5.6 Social Composition of Teachers at Different Levels in the University Departments

Assistant Prof. & equiv. Associate Prof. & equiv. Prof. & equiv. Temporary Others1 Total

General

OBC

SC

ST

Total

403 290 337 68 51 1149

139 89 76 15 33 352

66 16 10 0 11 103

11 4 1 0 0 16

619 399 424 83 95 1620

Source: From TIF data of AISHE. Note: 1Demonstrator, Director, Principal, Tutor & Additional Professor

among temporary teachers, the representation of SC and ST is also much lower (Table 5.6). Gender Composition of University Teachers Gender disparity in higher education teaching in Bihar is quite evident from Appendix II, Table II.4. Only 19% of university teachers are female. Female participation at all levels is very low in the universities. The gender inequality persists at different levels in different social categories. Female participation is negligible in the ST category. The gender composition of teachers is heavily biased in favor of male teachers as the gender parity index is 23%. It is important to note that female participation decreases with higher positions in all the social categories.

Recruitment and Appointment of Teachers in Bihar Presently, universities and colleges in Bihar are facing an acute shortage of teachers. The minimum eligibility conditions for recruitment of teachers is laid down from time to time. However, the quality of the selection of teachers may not be high due to the various governance problems in the past. In the phase of expansion of colleges in the 1970s and early 1980s, there was a takeover of private affliated colleges by the government. With the takeover, the government of Bihar decided to absorb teachers working in the private affliated colleges into the constituent colleges. Such absorption of teachers and decisions about the seniority of teachers were mismanaged both at the level of university and at the level of state government. Secondly, the government has changed the recruitment bodies many times since the 1970s. A frequent change in the recruitment bodies was also responsible for the governance failure. Thirdly, due to changes in UGC regulations, the minimum eligibility conditions also changed and could be adopted in the state with a considerable time lag. Fourth, even the UGC regulations were not followed 118

ISSUES AND CHALLENGES FOR TEACHERS

in letter or in spirit. Fifthly, corruption in the appointment of teachers also took a heavy toll in the state. Sixth, there was also confusion prevailing about the defnition of teachers. Challenges in the Appointment and Recruitment of Teachers in Bihar Frequent Changes in Recruitment and Appointing Bodies In the state of Bihar, initially, the Bihar Public Service Commission (BPSC) used to appoint all categories of teachers in constituent colleges and postgraduate departments at different universities in the state. But, gradually, the BPSC became overloaded with the task of recruitment with the expansion of colleges and universities, especially after the large-scale conversion of affliated colleges into constituent colleges. The entire process of appointment became delayed. Ultimately, the task of the appointment of teachers of constituent colleges and postgraduate departments was delinked from the BPSC, and separate University Selection Committees were constituted in all the universities in November 1980 to expedite teachers’ appointment. A large number of appointments were made by the newly constituted selection committees in all the universities of the state, but owing to some allegations of irregularities in appointments in one or two universities, the university selection committees were scrapped in February 1982. As there were allegations of irregularities, in 1985, the task of teachers’ appointment was handed over to the BPSC again through an ordinance with a new provision of holding a written test. However, the BPSC could do very little till 1990 when, through a new act, a state-level University Service Commission for constituent college came into being. This commission started appointing teachers after holding a state-level eligibility test (BET) in addition to the National Eligibility Test (NET) conducted by the UGC. A large-scale appointment of lecturers was made by the commission in 1996 and 2003 and all these appointments raised lots of controversies. The commission was scrapped in 2007. In 2008, University Selection Committees were once again created in all the universities for the recruitment and appointment of teachers. The move again led to the decentralization of governance for the recruitment and appointment of teachers and offcers of the university. No recruitment of teachers in higher education could be done. The recruitment of Principals in different universities was carried out along with the promotion of teachers through this body. The impressionistic observation is that this time possibly the quality of recruitment was much affected by pressure from interest groups. Whatever the reason, the idea of a university level selection committee was again rejected by the government and a move was made to centralize the powers of recruitment and appointment of teachers. In 2013, the state government handed over the job of the recruitment of assistant professors to the BPSC, which issued an advertisement in 2014 119

ISSUES AND CHALLENGES FOR TEACHERS

(after almost 11 years) for appointment against 3,364 teaching vacancies in different subjects in all the universities. The state government showed courage in flling the vacancies after curtailing the posts in the name of rationalization. It so happened that intermediate teaching was getting delinked from undergraduate teaching, and this allowed the government to curtail the posts, although the enrollment in undergraduate colleges was soaring. The number of posts advertised is much less than required. Moreover, not a single post for teachers in some important subjects like business management, computer applications and environmental science has been advertised even though these subjects are being taught in some colleges and universities. The reduction of teaching posts goes against the national education policy of achieving a target of 30% gross enrolment ratio by 2020 (Mishra 2014). However, not even half the vacancies have been able to be flled to date. Consequently, the inordinate delay in appointment has irked the government and a decision to restore the state level university service commission was taken by the government. Recently, the state government has issued a gazette notifcation after the Governor’s nod to the Bihar State University Service Commission Act, 2017. The move has been made by the state government to delink the appointment of assistant professors (lecturers) from the Bihar Public Service Commission (BPSC) and constitute an independent state-level panel on the pattern of the erstwhile Bihar State University (Constituent Colleges) Service Commission. The synoptic review of recruitment and appointing bodies of teachers clearly indicates that there were frequent changes in the decisions with respect to recruitment and appointing bodies of teachers, seven times in the history of higher education in post-independence phase. At least twice, a move was made in favor of decentralizing powers at university level. The decision to centralize power to the BPSC was made recently. However, earlier in 1980 and recently, too, the decision was changed, presumably because of delays in appointment due to many injunctions of court. What is somewhat baffing is that since the new act empowering the University Service Commission to appoint Assistant Professors, there has been a delay in constituting the commission and in carrying the task forward. It is, therefore, tempting to conclude that the changing historical circumstances of regulating the recruitment and appointment of teachers and a host of experiences relating to the mass expansion of higher education, including the absorption of teachers in constituent colleges and soaring budgetary implications, were factors responsible for delays in the appointments. Therefore, governance seems to be guided by historical contexts and the emergence of new events and circumstances. It is important to mention in passing that many senior and older teachers who were appointed in the 1960s and even earlier refected that there was the power to appoint teachers on a temporary basis on the post sanctioned 120

ISSUES AND CHALLENGES FOR TEACHERS

by the government for a period of six months, which was vested in a selection committee under the chairmanship of Vice Chancellor. During those previous periods, the Vice Chancellor used to select teachers on a temporary basis and the teachers would get permanent concurrence through the BPSC within a year, after facing the selection committee once again. This used to function very well. Perhaps the reason could be that neither the Vice Chancellor not the BPSC took any partisan view and selected candidates on the basis of merit. University Selection Committee, 2007–12, and BPSC, 2012–17 In 2007, section 57 of the Bihar Act 23, 1976 was substituted with section 57(1), under which appointment to the post of teachers and offcers (other than Vice Chancellor, Pro Vice Chancellor, Registrar and the Dean of Faculty) of the university shall be made by the university on the recommendations of the Selection Committee. In 2012, an amendment of Bihar State University Act, 1976 gave the responsibility of recruitment to the Bihar Public Service Commission. It would be interesting to understand the developments in the recruitment of teachers during the period of decentralization, 2007–12, and during the period of centralization, 2012–17. It is important to note that university selection committees during the period 2007–12 did not conduct the recruitment of Assistant Professors for the obvious reasons that state governments did not allow the recruitment to take place, or the university could not conduct the interview due to the lack of any directive from the government. However, the selection committee of some universities conducted interviews for the post of Principal at constituent colleges. For practical purposes the university level selection committee is not very functional even in the appointment of offcers other than the Vice Chancellor, Pro Vice Chancellor, Registrar and the Dean of Faculty. The appointment of the Registrar, fnancial advisor and fnance offcers of the university is done at the level of the Chancellor’s offce. It is further interesting to note that BPSC, after having assigned the responsibility of recruitment of Assistant Professor, took an extraordinarily long time due to various court cases. It has been more than 40 years since the large-scale conversion of affliated colleges into constituent colleges by the state government has taken place, and court cases are still pending. It has created an inordinate delay in the appointment of college lecturers. A mass recruitment of college lecturers took place in 1982; after that, recruitment next took place in 1996 and 2003. Thus, it is evident the selection process is extremely irregular and ineffcient. Moreover, even after the issue of advertising for the appointment of college lecturers, the fnal appointment takes many years to complete. For instance, a large-scale appointment of lecturers was made by the commission in 1996 and appointment was fnally made in 2003. 121

ISSUES AND CHALLENGES FOR TEACHERS

Similarly, in 2013, the state government handed over the job of recruitment of assistant professors to the BPSC which issued an advertisement in 2014. The recruitment process took almost 2–3 years, and still by 2017 not all appointments had been made. The non-flling of vacancies on regular basis is causing irreparable damage to the higher education system in Bihar. The government has centralized and decentralized the process of recruitment of college lecturers in Bihar but none has been successful in regularizing the selection process. Continuous changes in the commissions made for the appointment of college lecturers by the government have also added to the ordeal. Universities and colleges are hiring teachers on a contractual or ad hoc basis and paying them a pittance instead of publishing regular vacancies. An unsatisfactory situation has been created by the repeated appointment of ad hoc teachers. The Bihar court has deprecated the common practice purported in some of the colleges of Bihar to appoint ad hoc teachers at the instance of/or without reference to the Vice Chancellor and even without any sanction. It was held that appointment of ad hoc teacherlike employees was neither good for universities nor for students (See link: https://indiankanoon.org /doc/373823/). This is an unacknowledged crisis sweeping higher education. Presently there is an impasse in the recruitment of Assistant Professors in universities and constituent colleges in Bihar. The BPSC has stopped new recruitment, and the University Service Commission has recently begun to fll large vacancies in the state. In the meantime, universities have been empowered to start the recruitment of guest teachers following new UGC regulations, through a selection committee at university level. The power to recruit guest teachers is limited to a period of 6 months. Hence the arrangement is purely ad hoc. Yet if it continues for a long period, this shortterm arrangement will give rise to the long-term problem of a shortage of teachers. Under the reservation policy, SC, ST and OBC faculty positions were calculated by treating the entire university as a unit. It grouped all posts of a grade, such as Assistant Professor, in all departments of a university to calculate quotas. As per the Allahabad High Court ruling, the practice of institution-wise reservation to fll vacant faculty positions was struck down. It favored department-wise vacancies against which the reservation could be applied. This, in effect, would mean curtailing the reservation. The central government has fled a special leave petition in the apex court against the order of the Allahabad High Court. As a result, the process of recruitment has been held up. Efforts are required to expedite the selection process. Numerous court cases in the event of the non-transparency of the selection process further delay the whole process. Therefore, transparency in the selection process is also very crucial.

122

ISSUES AND CHALLENGES FOR TEACHERS

Issue of Absorption of Teachers from Affliated Colleges into Constituent Colleges The appointment of teachers in affliated colleges not maintained by the state government shall be made, as per section 57A inserted by act 68 of 1982, by the governing body of the college on the recommendation of the College Service Commission. It is important to note that in the 1970s and 1980s, there was a huge takeover of private affliated colleges by the government. These affliated colleges then became the constituent colleges. If the affliated college becomes the constituent college the service of a teacher has to be absorbed in the constituent college. Since Bihar College Service Commission was only established in 1982, the appointment of teachers of affliated colleges was made by the managing body of the college. Therefore, for all those teachers appointed before 1982, the recommendation of University Service Commission was necessary for absorption in the services of constituent colleges. This amendment in the act in 1990 led to protests by teachers and hence through an amendment in the act in 1993, the services of such teachers were not subject to further scrutiny by the University Service Commission if the post of a teacher has been duly approved by the university. The services of such teachers shall be absorbed from the date of takeover of colleges, i.e., from the date of conversion of the affliated college into the constituent college. The issue of the seniority of such teachers was subject to the provision of the statutes. The Bihar Government’s decision to convert affliated colleges of different universities into constituent colleges of concerned universities was taken in a phased manner. The frst three phase did not create much controversy. It was the fourth phase of conversion, involving 4,000 teaching and nonteaching employees, that became a matter of controversy not settled fully so far. In a letter dated August 19, 1986, the State of Bihar conveyed its decision to all the Vice Chancellors of various universities in the state of converting 40 affliated colleges (including three colleges in 1987 and one minority college) to constituent colleges. In the decision conveyed by the State, the universities were instructed in accordance with the provisions of Section 14 of the Act to pass a formal resolution for taking over the assets and liabilities of the various affliated colleges falling within the respective universities and enter into formal agreements with their governing bodies for the purpose of converting them into constituent colleges. In the same decision of the state government, the universities were directed to obtain from each of the affliated colleges information regarding sanctioned teaching and non-teaching posts existing on the date of the taking over of the colleges as constituent colleges and also to ascertain information with regard to proposals for creation of additional posts in the affliated colleges which were received from the universities by April 30, 1986 and were pending with the government. The list of teachers appointed against 123

ISSUES AND CHALLENGES FOR TEACHERS

such additional posts pending for approval of the state government was also directed to be separately prepared for the purpose of consequential action on the part of the state government. The controversies were raised on the claims of various categories of teachers and non-teaching employees for absorption in the services of their respective converted constituent colleges. Various committees were formed to resolve the issue, but a large number of complaints of manipulation and fabrication of records in affliated colleges were received by the government which became a subject of hot debate in the Legislative Assembly and in the public domain. The state government took a decision to set up a vigilance enquiry into the alleged malpractices by the various affliated colleges in inducting employees, who had not been legally appointed in various affliated colleges prior to the cut-off date fxed in the resolution of the government to take over the colleges. On the setting up of the vigilance enquiry, apprehensions arose of large-scale termination and dispensation with the services of employees of various categories of employees working on teaching and non-teaching posts in erstwhile affliated colleges. The association of the employees representing both holders of teaching and non-teaching posts approached the High Court in a writ petition. In the writ petition, the association of the employees of the affliated colleges claimed a writ of prohibition restraining the state and the universities from dispensing with or terminating the appointments of nearly 4,000 employees working in different colleges under universities. They also sought a further relief that their services be protected and not interfered with. The court, therefore, directed the concerned universities to take steps under sub-section (14) of section 4 of the said Act in respect of the regularization of the services of the teachers of the colleges that had become constituent colleges of the different universities in the fourth phase. The controversies didn’t end there. Being aggrieved against the judgment of the Division Bench of Patna High Court dated January 31, 1997, several civil appeals were preferred which were decided by the Hon’ble Supreme Court vide judgment delivered in the case of State of Bihar & Others vs. Bihar Rajya M.S.E.S.K.K. Mahasangh reported in (2005) 9 SCC 129. While considering the issue and fnding the complexity in the subject of the absorption of large number of employees of various universities running in the State of Bihar, Hon’ble Supreme Court, vide order dated October 12, 2001, constituted the one-man Commission of Hon’ble Mr. Justice S. C. Agrawal, retired Judge of the Supreme Court, to go into the various controversies and disputes with regard to the absorption of employees of the erstwhile affliated colleges in the services of the converted constituent colleges. The Hon’ble Justice S. C. Agrawal Commission submitted its Report on December 19, 2003, which was accepted by the Hon’ble Supreme Court in State of Bihar and Ors. vs. Bihar Rajya M.S.E.S.K.K. Mahasangh and Ors. 2005 (9) SCC 129 vide Order dated October 12, 2004, whereby the Hon’ble Court discarded all the objections raised against the Hon’ble 124

ISSUES AND CHALLENGES FOR TEACHERS

Justice S. C. Agrawal Commission Report. However, as Hon’ble Justice S. C. Agrawal expressed his inability to continue to work as a one-man Commission, the Hon’ble Supreme Court vide Order dated August 19, 2013 appointed Hon’ble Justice S.B. Sinha as a one-man Commission to enquire into various issues mentioned in the Order dated January 22, 2013. Justice S. B. Sinha (retired) submitted the report, which was discussed by the Apex Court in the case of Krishnanandan Yadav & Others (supra) in Civil Appeal No. 2703 of 2017; the Apex Court overruled the objections of the State of Bihar and Jharkhand insofar as the favorable recommendation of Justice S. B. Sinha (retired) for the absorption of teaching and non-teaching staff was concerned. Both the reports of Justice Agrawal and Justice Sinha have merged in the judgment of the Apex Court and in view of the theory of merger, the Court has treated the favorable reports of both the reports fnal and binding as both the reports have merged in the judgment of the Apex Court (Rajesh Kumar vs. The State of Bihar, 2018; State of Bihar & Others vs. Bihar Rajya, 2004) In the matter of Krishnanand Yadav vs. claimant the observation of the court may be noted that summarizes the governance failure in the matter of absorption of teachers. It noted that ‘Large number of employees, it was reported, got surreptitious entries into the services of the erstwhile affliated colleges purported to be in connivance with the members of the Governing Bodies. Complaints of manipulation and fabrication were received that became a subject of hot debate in the Legislative Assembly, as also in public’ (Krishnanand Yadav vs. Magadh University & Ors, 2014). Not all of the appeals have been sorted. Issue of Promotion of Demonstrators Much of the dispute arises with promotion of Laboratory Assistant to the post of Demonstrator and the promotion of Demonstrator to the post of Lecturer. Similarly, with two promotions allowed the demonstrators were promoted to Lecturer and then subsequently to the post of Reader. The dispute arises because the re-designation of the post of Laboratory Assistant to that of Demonstrator is applicable in case of the university but not in that of the colleges run by the state government. There are instances in which there was no vacancy in the department and still the promotion was granted by the government, and subsequently, after the retirement, promotion was denied by the state government as it was found to be a case of illegal promotion. The following quote in the court order is important: ‘From the extract of the notings, as culled out from the original records in the supplementary affdavit, it is apparent that simply because the respondents had B.Sc. degree, they were re-designated as Demonstrator and having cleared Postgraduate degree during course of service were promoted as Lecturer. Such re-designation as Demonstrator and promotion as Lecturer given to the 125

ISSUES AND CHALLENGES FOR TEACHERS

respondents were without following any procedure, … Order of the learned Single Judge dated 24.04.2013, passed in C.W.J.C. No. 9549 of 2008 is set aside with modifcation that since the private respondents have retired, no amount paid as salary till the date of retirement of the respondents will be recovered in view of the law laid down by the Hon'ble Apex Court” (The State Of Bihar & Ors vs. Smt. Saraswati Kumari & Anr, 2017). There was further dispute when promotion of a Lab Assistant to the post of Demonstrator was allowed and a subsequent promotion to the post of Lecturer was also permitted as per the statute of the university. However, controversy arose when, by a cabinet decision, the post of Demonstrator was considered a non-teaching post. The consequence was that a Demonstrator cannot be now promoted in the teacher cadre to the post of Lecturer or Reader. The whole controversy was about promotional avenue as teacher, which was ultimately granted by the State Cabinet on June 6, 2006 but was wrongly sought to be taken away by Circular dated December 18, 2008 and circulars following it ostensibly only to reduce the fnancial burden on the State (Akhauri Bijay Prakash Sinha vs. The State of Bihar & Amp & Ors, 2010). Issue of Non-Recognition of Engineering College Teachers under State Government The state government was illegally discriminating against employees of the Bihar College of Engineering, Patna by not implementing the UGC pay scale while granting the same to the employees similarly situated. By the order of the court in 1992, such arbitrariness of state government was set aside (The Teachers’ Association of the … vs. State of Bihar and Ors., 1992). Eligibility Conditions for Teachers in the Appointment as Lecturer The minimum condition of eligibility for the appointment of teachers as per the 4th UGC Pay commission, effective from 2006, was introduced in Bihar much later since 1995. As per the UGC regulations, the NET or state eligibility test was made compulsory for the recruitment of teachers. However, exemption from the state eligibility test or the NET was given to all those who were awarded Ph.D. or submitted a Ph.D. thesis before December 31, 1993 or, in the case of an M. Phil. before December 31, 1992. This exemption was granted by the UGC, and the cutoff date was changed time and again, the latest being in 2009 when UGC Ph.D. regulation 2009 was introduced. There was a considerable time lag in response in the universities in Bihar. One of the latest changes is the exemption of NET/SET given to teachers who have passed their Ph.D. as per the 2009 regulation. In this regulation there were certain procedures to be followed for Ph.D. admission,

126

ISSUES AND CHALLENGES FOR TEACHERS

such as a competitive test for admission, course work and the publication of a paper by the Ph.D. degree holder. Since the new Ph.D. ordinance was passed with a considerable delay of 3–4 years in the universities of Bihar, university authorities found it diffcult to certify those Ph.D. degree holders who did not follow the UGC 2009 regulation and got the award of Ph.D. after the 2009 regulation. The recruitment of all such candidates, not having the NET/SET, was rejected on the ground that the grant of Ph.D. was not as per the UGC regulation. The minimum eligibility criteria for the appointment of teachers and other academic staff in universities and colleges has been laid down by the UGC in its 4th amendment, regulations, 2016.2 Recently, the UGC has again proposed regulations for the same.3 The re-regulation states that a Ph.D. degree shall be a mandatory qualifcation for promotion in universities. The Ph.D. degree shall be a mandatory qualifcation for direct recruitment to the post of Assistant Professor in universities with effect from January 7, 2021. For promotion in colleges, a Ph.D. shall be a mandatory qualifcation if the date of eligibility falls on January 7, 2021, or after this date. It is applicable to every university established or incorporated by or under a Central Act, Provincial Act or a State Act, every institution including a constituent or an affliated college recognized by the Commission, in consultation with the university concerned under clause (f) of Section 2 of the University Grants Commission Act, 1956 (3 of 1956) and every institution deemed to be a university under Section 3 of the said Act. Recruitment of Teachers in Private Affliated Colleges The state government holds complete power in the appointment of teachers in the constituent colleges. However, in the appointment of teachers at affliated colleges, the government has transferred power to the management of the college. Appointment of teachers in affliated colleges not maintained by the state government shall be made, as per section 57A inserted by act 68 of 1982, by the governing body of the college on the recommendation of the College Service Commission. The College Service Commission worked till 2007 to recruit teachers in private colleges. The power to appoint teachers in affliated colleges was, however, decentralized at the level of private management. To keep in check the academic excellence in these institutions as per the expectation of the UGC, the government incorporated certain measures in the 2007 amendment of the Bihar State Universities Act, 1976, section 57A, which states that appointment shall be made by the management of the college by constituting a selection committee. The details of the committee’s constitution and function are dealt with separately in the chapter on the privatization of higher education.

127

ISSUES AND CHALLENGES FOR TEACHERS

Career Advancement of Teachers In the previous section, the efforts were made to understand the problems and issues faced in the recruitment of teachers in higher education in Bihar. The present problems faced by Bihar in the recruitment process are connected with the history of mismanaged polices and regulations by the Bihar government and inability to develop a transparent and effcient process of teacher recruitment. The large-scale conversion of affliated colleges into constituent colleges by the state government in the 1970s has not only created problems in the recruitment process for these teachers but also with the policies for their promotion. Furthermore, the populist demand which is conceded by the government creates a situation in which there is large scale promotion of teachers and government fnds it hard to allocate resources to meet salary payments. This section attempts to understand the internal logic of the governance of higher education in the promotion of teachers. The promotion of teachers in higher education over three decades is examined to understand the logic of governance. It is important to note that structures of governance in higher education, in terms of institutions and rules and regulations, constantly reshape themselves in response to multiple realities on the ground. The dynamics of governance can be understood through the challenges that actors in the feld of higher education constantly pose to a given structure of institutions and rules. Governance fails to move towards stability. Rather, it creates uncertainties. With multiple actors in governance, the actions of state power get diffused when looked at in terms of multiplicity of responses. The manifest crisis in governance of higher education is possibly nothing but possibly the helplessness of governance in the light of varied responses and the challenges that feld reactions pose. Let us assume that the center of the power structure is located in central government and its institutions, such as the UGC, which has responsibility for maintaining standards in higher education. Another power structure around the government is the state government and the offce of Chancellor in its multiple roles. For example, the role of state government is to govern within the limits of the constitution, and the role of Chancellor is to support the academic administration of the university in accordance with the rule of state government. The university may be treated as part of structure of government to govern. However, the university is vulnerable to the infuences of the feld. The feld consists of teachers, private management, students and social, political and private interests. The feld is constantly active and generates forces that pose a challenge to the structure of administration. Either structure can fail to respond or responds with a time lag and is always under pressure to correct the imbalance and bring order. It repeatedly fails in the process of correcting the imbalance. That is how the dynamics of governance of higher education moves from one state of disequilibria to another. 128

ISSUES AND CHALLENGES FOR TEACHERS

The traverse connecting one disequilibrium to another needs to be understood not with a view to correcting it but with a view to moving forward with greater understanding. In other words, the problematic of governance in higher education is not whether we have a corrected institutional structure. The question is not whether there are correct rules or not. The point to note is that even if statutes, ordinances and regulations are correct, a deconstruction of the rules and regulations, both in idea and practice, takes place in such a manner that the intended logic or rationality built into the rules fails. The process of deconstruction is accompanied by a fresh logic or discourse or action that manifests in the world of practice. There is a tension in the world of practice that constantly defes the rule of government while accepting its legitimacy, without doubt. In fact, any attempt to create order leads to disorder. Any attempt to impose conformity and discipline leads to non-conformity and indiscipline. Thus, the problematic of governance shifts from institutional structure and regulations to understanding the reality in the feld. What is the discourse emanating from the feld? What is the reason for defance and seeming disorder and instability? This is not to negate the role of structure in terms of institutions and rules. Rather this is to assert the importance of understanding the dynamics of feld actors. The empirical reality emerging from the feld is the source and resource within which governance manifests itself in the process of making claims for benefts. In this process, it defes the claim for others and limits the structure from fulflling the intended objectives of establishing order. As the discourse defnes itself in the feld and becomes the basis for policy, it is the most productive feld. It is productive not in the usual sense of compliance, rational decision and order. It is productive in the opposite sense. It helps to understand confict, compromise and real actions. The study of the career advancement of teachers in higher education in the state of Bihar is presented to highlight the point that promotion of teachers is a response to the demand of teachers for career advancement. The policy response was carried away by the discourse of merit promotion. It was thought that incentives to promote the merit of teachers is a step forward in improving the quality of higher education. Accordingly, structure, guided by the rationality of merit, establishes rules that provide incentives through fnancial benefts to be given to teachers who have made outstanding contributions in teaching and research. As soon as it is implemented in a state, it is interpreted to suit the interests of university administration who come under heavy pressure from different quarters. It then leads to a wave of promotion where everything counts but merit. It leads to a wave of ‘Professorship.’ Although the dangers are soon realized by the central government and merit promotion is replaced by time-bound personal promotion by merely increasing the length of time promotion takes, the state government responds to it much later. In this intervening period, a combination of 129

ISSUES AND CHALLENGES FOR TEACHERS

merit and time-bound promotion is granted in a liberal manner. Besides, the period also coincides with the expansion through the conversion of private affliated colleges into constituent colleges managed and funded by the state government. In this phase of expansion, teachers working in private affliated colleges, now becoming a part of constituent colleges, make a claim to promotion under career advancement. The rationality of the incentive to promote merit is completely demolished. Instead of order, disorder prevails as the process of granting promotion through the screening and selection committees subverts the criteria of merit. When it is realized that state has built up a huge liability to allocate resources for teachers’ salaries, it makes few attempts to identify the cases through the constitution of committees and commissions but fails to identify such cases of illegitimate4 benefciaries and sometimes legitimate5 benefciaries who do not deserve promotion on account of merit. There were appeals in the court, probably unprecedented in the history of higher education. Appeals were made by teachers who were denied promotion while others got it. Appeals were made by teachers who, after having got it, were denied the promotion after so many years. Appeals were also made by state government against teachers who got promotions. Appeals were made by teachers who, having been denied a promotion, became junior and sometimes subordinate to some other teacher who was granted promotion. This created a scenario which could not be fully corrected even after court intervention. The system of governance within the domain of government or Chancellor or university got entwined around the teachers’ appeals in the court of law which could scarcely be sorted out, leading to uncertainty. As soon as few cases were resolved, there was a wave of petitions in the court, some being appeals in the Supreme Court against the order of the High Court. In fact, dissatisfaction on this count was so acute that it affected the entire higher education system. It began to show signs of being irreparable. There were waves of orders from the government and the offce of Chancellor to bring order to the system of promotion. However, frustration ensued because the heads of the university administration, being the part of disorder and caught up in internal contradiction, could not free themselves from the mire of disorder. Any attempt to bring order would be self-defeating. University administration suffered from the pressure to comply with the orders of the government, the offce of the Chancellor and the court. This section attempts to unravel this reality in the feld in the state of Bihar, which developed during 1980 and 1990s and continues to exist today as many court cases are pending. This may have been a phenomenon not only in Bihar but to a greater or lesser degree in all other parts of India. I believe the internal logic of governance may be the same. Promotion is granted to support merit and thereby the quality of higher education. However, this logic fails to operate in reality, and the university administration is put under pressure. It is this failure that gave rise to a new discourse in promotion, which gave recognition 130

ISSUES AND CHALLENGES FOR TEACHERS

to the actual performance of a teacher rather than promoting incentive-based recognition of merit for advancement of teaching and research. Hence, when the 6th UGC pay commission headed by G. K. Chaddha announced new pay scales for the teachers effective from January 1, 2006, teacher promotion was linked to accountability. The new system was called the API regime and linked promotion to earning Assessment Performance Indicators (APIs). It is not uncommon news that APIs gave rise to a mushrooming of fake journals in India. This is a longer story of promotion linked to APIs which could not establish the accountability of teachers in higher education. This, due to the shortage of space, is deliberately left out of the section. I will only concentrate on 4th and 5th pay commission benefts and associated measures of career advancement in understanding the feld realities that have demolished the rational basis of governance in higher education. Promotion Policy of the Government of Bihar Career advancement of teachers in higher education in Bihar state suffers from populist demand, which is conceded by the government. Such populist pressure creates a situation in which there is the large-scale promotion of teachers, and government fnds it hard to allocate resources to meet salary payments. Once the decision is taken, it is diffcult to reverse a promotion. The manner in which the promotion of teachers is then denied goes against the law, and teachers fght for their promotion and win the battle in court. Hence, once a populist policy is undertaken, it creates a scarcity of resources, non-fulfllment of commitment, dissatisfaction, non-obedience of law, partial fulfllment of demand and then further scarcity of resources. Politics affects decisions, which affect fnance, which, through the route of law and politics, affects teachers rather adversely and vitiates the academic atmosphere. This is precisely what happened with the implementation of merit and time-bound promotion schemes in 1980s before the award and post-award period of the UGC 4th Pay Commission. Before we understand the dynamics of the governance of higher education in the promotion of teachers, it is important to understand the shifting policy of promotion of teachers in higher education in Bihar. Statutes for the promotion of Lecturers to the post of Readers as approved by the Chancellor vide letter no. 5260 GS (I) dated November 18, 1980, notes the promotion from Lecturer (on a substantive basis) to Reader after 13 years with Ph.D. and after 18 years without Ph.D. Such a promotion will be personal and on the recommendation of the University Selection Committee. There was no personal promotion from Reader to Professor, and the post of Professor will be flled through an open selection. The timebound promotion was a relief to many senior teachers as career advancement could be possible by means of open selection through the Bihar Public Service Commission, and such opportunities were quite rare. 131

ISSUES AND CHALLENGES FOR TEACHERS

Let us now examine two statutes regarding the merit-based promotion of lecturers as Readers vide Chancellor letter no. BSU-6/86-3975/GS (1), dated December, 22, 1986, and merit promotion of Readers as University Professors as approved by the Chancellor vide no. 359/GC (1) dated February 22, 1984 and amendments vide letter no. 164 dated December 27, 1984 and no. BSU-09/85-3742-G.S. (1) dated November 24, 1986. Under the former statute, merit promotion with 8 years of experience as Lecturer to the post of Reader and further merit promotion with 8 years of experience as Reader to the post of Professor was permitted. In the case of merit promotion, the clause of recognition in teaching and research was important. The process of merit promotion to Professor was slightly different as the work of teachers to be promoted was to be reviewed by two referees and on whose evaluation reports the Bihar State University Service Commission only could recommend the promotion. The above merit promotion scheme was inspired by the UGC scheme of merit promotion instituted in 1982. The UGC merit promotion scheme of 1982 was considerably modifed when the 4th pay commission award was announced in 1987 and 1988, which delayed promotion by inserting the intermediate position of Lecturer senior scale and Lecturer selection grade/Reader. The statute for the time-bound promotion of Lecturer to the post of Reader and that of Reader to the post of university Professor was made vide letter no. BSU 27/85-4032 GS(I) Patna on December 24, 1986.6 Clause 1 notes that a lecturer serving for 10 years in a university department or in a degree college managed and maintained by the university shall on the recommendation of the Bihar State University (Constituent Colleges) Service Commission be promoted on the basis of a time-bound scheme to the post of Reader. A Reader, serving in a university department or in a degree college managed and maintained by the university who has completed at least 25 years of continuous service as teacher shall on the recommendation of the Bihar State University (Constituent College) Service Commission be promoted on the basis of a timebound scheme to the post of university Professor. Clause 3 of the 1986 statute was inserted in 1987 that states that a Reader who has completed at least 16 years of continuous service as Lecturer/Reader in one or more universities shall on the recommendation of the Bihar State University (Constituent Colleges) Service Commission be promoted to the post of university Professor. Clause 3 was inserted in order to accommodate a merit promotion scheme that allowed promotion to the post of Professor on a fast track on merit basis within 16 years only. The procedure for such a time-bound personal promotion was that a duly constituted screening committee would screen the application and send it for recommendation to the University Service Commission. The recommendation of the Commission will have to be approved by the Syndicate and then notifed by the university. As far as private affliated colleges and minority colleges are concerned, the above time-bound promotion was notifed by Chancellor’s offce vide 132

ISSUES AND CHALLENGES FOR TEACHERS

no. BSU-20/92-2280/GS (1) dated September 14, 92. In the case of affliated and minority colleges, Bihar College Service Commission was mandated to recommend the promotion on the basis of a report by a committee duly constituted by the VC of the respective university. It is important to note that the UGC 1986 salary structure allowed lecturer senior scale and lecturer selection grade which were not existing in the statute’s notifcation for promotion in Bihar state. Much later, in 1995, the Chancellor vide letter no. BSU 20/95-2132/GS (1) dated 23 September allows for promotion to Lecturer senior scale and Lecturer selection grade which was notifed long ago in 1987 and 1998 under career advancement by UGC. Time-bound promotion and merit promotion were abolished in 1995 and 1998 respectively Effective from January 1, 1996, the statute for career advancement was notifed by the Chancellor vide no. BSU-8/2005-1715/GS (1) dated June 29, 2005, whereby a Lecturer with Ph.D., M. Phil. and Master’s degree will be required to serve for 4, 5 or 6 years respectively to be eligible for promotion to Lecturer Senior scale, and to move into Lecturer Selection grade; 5 years of service would be required at Lecturer Senior scale to move into lecturer selection grade. Another 8 years of service at Lecturer Selection grade would be required to be promoted as Reader Selection grade equivalent to Professor. With the revision of the pay scale effective from January 1, 2006, a new promotion policy with a change in the nomenclature came into effect. This was introduced with government notifcation vide 15/ D1-/01/09 Part 1-2374 dated July 29, 2010. The order, which was as per UGC notifcation, specifes the following: (i) A Lecturer designated as Assistant Professor will be placed in Rs. 15,600–39,100 scale with a grade pay of Rs. 6,000; (ii) an Assistant Professor having a Ph.D. with 4 years of experience and having an M. Phil. with 5 years of experience will be in the same scale with grade pay Rs. 7,000; (iii) a Lecturer with senior scale will be designated as Associate Professor in Rs. 15,600–39,100 scale with a grade pay of Rs. 7,000; (iv) an Assistant Professor under (iii) with 5 years’ experience will be on the Assistant Professor pay scale with grade pay of Rs. 8,000; (v) the Reader or Lecturer selection grade, designated as Associate Professor, will have pay scale of Rs. 37,400–67,000 with grade pay of Rs. 9,000; (vi) an Assistant Professor with a grade pay of Rs. 8,000, having 3 years of experience, may be promoted to Associate Professor with a grade pay of Rs. 9,000; (vii) an Associate Professor with grade pay of Rs. 9,000 after having 3 years’ experience may be promoted to Professor with pay scale of Rs. 37,400– 67,000 with a grade pay of Rs. 10,000, but only persons with a Ph.D. shall be promoted to the post of Professor; (viii) 10% of Professorships will be reserved for Senior Professors. The eligibility will be 10 years of experience as Professor and the pay scale shall be same as Professor with a grade pay of Rs. 12,000. 133

ISSUES AND CHALLENGES FOR TEACHERS

Presently, while the 7th pay commission has been announced at the center, the Bihar government is in the process of issuing notifcation to implement 7th pay scale benefts. There is no substantial change in the promotional policy. It is important to note that the Bihar government has not fxed an API score as the criteria of promotion as opposed to UGC notifcation. There was a further amendment to the 1986 statute vide Governor’s Secretariat, Bihar no. BSU-25/89-3128/GS (I) dated December 10, 1990. The amendment allowed qualifcations prescribed for the appointment of lecturer to be relaxed for teachers who were absorbed in the services of the university. This was certainly important as it opened the door for manipulation of all those teachers who were employed in private affliated colleges and who, upon takeover of those colleges by the government, were absorbed in constituent colleges. There were dozens of court cases concerning the promotion of such teachers, which will be described later. The decision of earlier government to implement the liberal promotion policy in the 1980s led to the wave of professorship in Bihar which could not be stopped in spite of Bihar Government’s attempt to check the mushrooming of Professors and Readers in the 1990s and later. Every time any such attempt was made, the move was frustrated by the Court’s decision as it relied on statutory positions favoring the promotion. In some cases, the court could only stop the promotion where the statutory provisions of the process of promotion had been violated. This point will be dealt with later on. Now it is important to discuss the UGC promotion policy which was announced in 1982 and, in particular, with the award of 4th pay benefts since 1986. UGC Promotion Policy Earlier, in 1982, the UGC had announced merit-based promotion as a guideline – and, therefore, not mandatory – for all college teachers, vide letter no. L.O.No.F.1-87/78 (CP) Part I dated December 22, 1988, under which a teacher in a college could be promoted from Lecturer to the post of Reader after 8 years of service. The recommendation of two experts and a properly constituted Selection Committee would approve the merit promotion of a lecturer to the post of Reader for all college teachers. The number of teachers to be promoted under the Merit Promotion Scheme was restricted to 33% of the total number of permanent posts in the college (MHRD, 1987). In the university departments only (and not in colleges) there was a UGC scheme of merit promotion from Reader to the post of Professor after 8 years of service as Reader, following the due process of promotion. It may be noted that during those periods UGC, announcement came as a big relief for the teachers as avenues of promotion was quite limited in teaching profession. The UGC 4th Pay commission was effective from 1st January 1986. As such UGC announced the pay fxation vide letter No. F. I-21/87-U-I dt. June 17, 1987. In this notifcation, for the frst time for the recruitment of 134

ISSUES AND CHALLENGES FOR TEACHERS

lecturers, NET was made compulsory. The lecturer salary was fxed in the scale of Rs. 2200–4000. The promotion to Lecturer Senior scale in the pay scale of Rs. 3,000–5,000 could be made effective after 8 years of service as Lecturer. However, a provision was made that those who have completed 5 years as of January 1, 1986 could be placed in the senior scale of Rs. 3,000–5,000 as well. An M. Phil./Ph.D.; two refresher courses from UGC, each of 4 weeks duration; and consistently good academic performance were other conditions for promotion. A 1987 announcement mentioned that 12 years of service in the Lecturer Senior scale would entitle a teacher to a selection grade equivalent to Reader. It meant that after 20 years of service, a Lecturer could be upgraded to selection grade equivalent to Reader in the pay scale of Rs. 3,700–5,700. Hence, through a time-bound promotion track, 20 years of service as Lecturer was necessary for promotion to Reader. Between Lecturer and Reader, the senior scale of teacher was a trick in implementing the 4th pay scale to give a time-bound promotion. This time-bound promotion was in sharp contrast to the merit promotion scheme established by the UGC in 1982, whereby only 8 years was required to move onto the fast track under the merit promotion scheme. 20 years of service was in a way a career advancement scheme in the nature of a timebound promotion, which was in sharp contrast to the UGC merit promotion scheme announcement made in 1982. This led to some protests and there was a further revision to the 1987 award of the 4th pay scale. In 1988, there was an announcement by the Government of India announced a compromise between merit and time-bound schemes, according to which only after 8 years in the senior scale could a promotion to Reader be made. A criterion of merit was, however, added to it, namely that a teacher must have made some mark in the areas of scholarship and research. In all the announcements, a further promotion to Professor from selection grade/Reader was possible after 8 years of service. It was necessary for the selection committee to recommend the promotion after verifying each of a teacher’s credentials. It is also important to note that those having an M.Phil. and Ph.D. were given a relaxation of between 1 and 3 years. Clause 19 of a 1988 notifcation clearly lays down that the 1983 merit promotion scheme of UGC and time-bound promotion under the 4th pay revision of scales announced in 1987 and 1988 are two separate tracks, and a teacher must confrm in writing which track s/he wants to follow. Thus, every Lecturer will have career advancement from Lecturer (Rs. 2,200–4,000) to the Lecturer senior scale (Rs. 3,000–5,000) after 8 years of service and then from senior scale to Reader/Selection grade (Rs. 3,700– 5,700) after 8 further years of service or a total of 16 years of service. A promotion from Reader to Professor was possible after 8 years of experience through a selection committee procedure. The announcement was made by the Government of India on July 22, 1988 vide letter no. No. F-1-21/87 U.I. (MHRD 1987). 135

ISSUES AND CHALLENGES FOR TEACHERS

Comparative Picture between UGC and Bihar Government Promotion Policy Is there a difference between the UGC time-bound scheme of 1987 and 1988 and the merit promotion scheme of 1983 and Bihar University statutes made in 1986 and further amendments? This is an important point. A tabular chart is given to present a comparative picture and show the various implications of the differences. In the tabular chart, the merit promotion scheme of UGC allowed 8 years of experience as lecturer for promotion to Reader in 1980. Merit promotion was, however, quickly replaced by time bound promotion in the 1986 4th Pay Commission award. This required at least 16 years for promotion from Lecturer selection grade equivalent to Reader and a further 8 years for promotion to Reader Selection Grade equivalent to Professor. This time-bound promotion was provided in the statutes in 1995. For 9 long years between 1986 and 1995, there was both merit promotion on a fast track and a combination of merit and time-bound promotion under which promotion to the post of Professor was possible in 16 years and 18 years respectively. In time-bound promotion, 25 years of service was required to become Professor. In addition to this, not shown in the table, there was promotion beneft for those teachers absorbed in constituent colleges with the takeover of private affliated colleges. Since the service rendered in private affliated colleges was also counted in the promotion, many back-door entry teachers in private colleges had their positions regularized and the beneft of promotion was granted. In this manner there was a heavy drain on the exchequer. It may be noted that merit promotion and time bound promotion represented a policy decision by the government to gain cheap popularity, resulting in fnancial drain, it may be concluded that mismanagement of the university system on account of the promotion policy was a major factor in the crisis in higher education in Bihar. The lesson for the UGC is that there should not be frequent changes in policy. Any change in policy leads to delayed implementation in the state universities and colleges. In the state of Bihar, all state government–supported colleges are called constituent colleges. In the takeover of private managed colleges by the government in four phases, an enormous payment obligation was incurred by the university and fnally by the state government which led to a fnancial crisis in higher education (Table 5.7). At the level of implementation there was irregularity in promotion, leading to disputes between different parties, namely, teachers, university, the state government and the offce of Chancellor. The state government is mainly responsible for giving approval to the promotion policy as suggested by the UGC. However, the state government may adopt a liberal or stringent policy. A liberal policy is followed, guided by populist demand in Bihar. It is also the role of state government to provide for institutions responsible for implementing the policy. For example, the University Service Commission 136

ISSUES AND CHALLENGES FOR TEACHERS

Table 5.7 A Comparison of Promotion Policy: UGC and Bihar UGC Merit Promotion

Time-Bound Promotion (Lecturer to Reader)

Time-Bound Promotion (Reader to Professor)

Bihar

Comment

While the UGC merit8 years as lecturer 8 years as based promotion for promotion lecturer for policy was replaced to Reader and promotion by time-bound 8 years as Reader to Reader promotion policy in for promotion and 8 years 1986, Bihar retained it to Professor was as Reader for for promotion to both announced in promotion to Reader and Professor 1986. Professor was till 1998. announced in 1982. While the UGC timeEffective January Effective January bound promotion 1986, Lecturer 1986, Lecturer policy allowing to Reader in to senior scale promotion in 16 years 10 years. In in 8 years to Reader was effective 1995 after and Lecturer in 1986, Bihar retained 9 years, timesenior scale 10-year time-bound bound promotion to Lecturer promotion till 1995. of career selection grade Bihar teachers got advancement as equivalent advantage of 6 years in per UGC was to Reader time-bound promotion implemented and in another policy and 8 years in 10-year time8 years. merit-based policy of bound promotion promotion. was abolished. For the post of Professor Effective January Effective January till 1995, Bihar 1986, the Reader 1986, the teachers had advantage having 25 years promotion of 10 years through of service may be to the post merit promotion in promoted to the of Reader comparison to the post of Professor selection grade UGC policy and or merit promotion equivalent 8 years of beneft if benefciary after to Professor time-bound promotion 16 years of service after 8 years for Reader (10 years) as Lecturer/ of Lecturer and merit promotion Reader. selection grade for Professor (8 years) (equivalent to In 1995 after is availed of as per 9 years’ timeReader). Bihar government’s bound promotion promotion policy. of career advancement as per UGC was implemented.

Source: Prepared by the author.

137

ISSUES AND CHALLENGES FOR TEACHERS

and College Service Commission were established by the state government. Since the promotion policies have fnancial implications, the state government oversees the process of promotion as per the acts and statutes of the university. In case of any lapse, it may intervene and direct the university to follow the rules as per the statutory provision. The policy of the government is implemented through the statutes of the university. It is the duty of the university authorities to implement the policy as per the provisions of act and statutes. At the level of implementation, if the university fails to implement the policy properly, then it results in dissatisfaction among teachers. Court cases are the result of dissatisfaction among teachers. We will peruse some of these court orders in order to understand the nature of the diffculty at the level of implementation. UGC Scheme of Promotion and Bihar Government’s Promotion Policy 1. Promotion through the duly constituted experts, screening committee and selection committee, such as Bihar University (constituted colleges) Service Commission, and further notifed by the university is granted at a point of time. At a much later date, after 7 years, the order of the promotion is questioned by the Chancellor on the grounds that the promotion process has serious lacuna in terms of not following UGC regulations seriously. Thereafter the whole promotion process is challenged in court, creating uncertainty for a promotion granted to a teacher. 2. UGC regulation mandates that under merit promotion, the candidate should display outstanding merit to be eligible for promotion to the post of Reader or to the post of Professor. However, this clause of merit was not observed by any objective criteria. As a result, it was quite arbitrary. Some teachers deserving and displaying merit were not considered for promotion, whereas some who were not deserving of promotion under merit were promoted. Some such cases came onto the radar of the Chancellor and the state government as well. However, the problem was that even if the promotion is held to be illegal, after so many years it cannot be reverted as it would have serious implications involving recovery of money, etc. 3. There was a provision under the promotion that to be eligible for promotion to the post of Professor, a teacher should have experience of guiding doctoral research. What could serve as evidence of having guided doctoral work was subject to varied interpretation. Should the date of registration of a Ph.D. be counted as evidence? Should the date of submission of a thesis be counted as evidence? Should the date of the award of Ph.D. be counted as evidence? If the selection committee takes a liberal view of taking the date of registration as evidence of guiding research, and on this basis, promotion to the post of Professor is granted, then it is challenged in the court. In such cases, the court has 138

ISSUES AND CHALLENGES FOR TEACHERS

indeed interpreted that a registration date does not provide evidence of guiding research, and hence such promotion should be counted as illegal. 4. A mix of time-bound promotion and merit-based promotion creates all sorts of problems. Suppose person A and person B join the teaching profession on the same day, say on January 1, 1980. Suppose person A gets a merit promotion after 8 years and person B gets time-bound promotion after 10 years to the post of Reader; then person A becomes senior to B in spite of the fact that both of them began teaching on the same day as lecturer. Further suppose that after 8 years, person B as Reader becomes Professor on completion of 18 years of service. Now person A who had been senior to B as a Reader does not get a merit promotion and gets time-bound promotion as Professor after 10 years. Then determination of inter se seniority is again indeterminate as both are promoted on the same date as Professor. There have been many cases in which promotion created the issue of seniority and court cases were fled to decide seniority. Someone getting two merit promotions become senior to those who get only one promotion on merit and another on a time-bound basis. In situations when the distinction between merit and time-bound promotion is diffcult to make, the promotion creates dissatisfaction. It becomes a matter of quarrel in the colleges and universities and the academic atmosphere suffers. 5. Sometimes while counting teaching experience an evidence of teaching in private affliated colleges may be obtained and if it is counted as experience that person becomes benefciary in the promotion. Such an experience certifcate is often forged as private management may manipulate for some beneft for itself. It means that undue promotion may be granted, making a person senior that may lead to dissatisfaction (Raageeva Bimal vs. The State of Bihar & Ors., 2013). 6. There are cases whereby the promotion of a large number of teachers from the rank and post of Lecturers to the rank and post of Readers in different departments of the constituent colleges of Patna University as also to the rank and post of Professors in respect of some of them, under the Statute for Time-Bound Promotion of Lecturers to the post of Readers and for Readers to the post of University Professors has been cancelled as a result of which they allege that they have been reverted and reduced in rank and lower scale. Interestingly, all such cases of promotion were duly approved by the selection committee (in this case Bihar University Service Commission being the statutory authority to make the selection). At some point, the government realized that universal practice of promoting teachers was leading to heavy burden on the state exchequer and also the wrong practice of granting promotion to all teachers. It was then decided at a high-level meeting of the Chancellor (Governor of Bihar), Chief Minister and Chairman 139

ISSUES AND CHALLENGES FOR TEACHERS

of the University Service Commission that such promotions be held in check. Hence the University Service Commission, after so many years, unilaterally issued a letter stating that promotions to the post of Professor which had already been approved by the Commission would be withdrawn as irregularity had been observed in the promotion after re-examining all such cases. This was somewhat arbitrary and was challenged in court which ruled on account of various reasons cited in the favor that all such promotions to the post of Professor cannot be held to be illegal (Dr Awadh Kishore Prasad Yadav and … vs. State of Bihar and Ors., 1993). 7. How liberal promotion policy affects the budget of the university can be observed on the basis of a judgement of the court. It was noted above that in Bihar, the takeover of private affliated colleges by the government in the 1970s and 1980s in four phases was badly managed with respect to the absorption of services of teachers into constituent colleges. There were statutes that provided the procedure for absorption of services. In particular, any teacher working permanently following due procedure had no diffculty in being absorbed, and their previous services could very well be counted in their promotion, whether merit or time bound. Problems arose where teachers were in temporary service and where manipulation took place in declaring that these teachers were in temporary service although in reality they were not even in temporary service. Even all those temporary teachers whose posts were sanctioned by the government were allowed to be absorbed in the constituent colleges. All such teachers were given the beneft of timebound/merit promotion. When counting up their years of service, their services working temporarily in private affliated colleges working were counted and notifcations issued by the university. What is important to understand is that the liberal promotion policy affected fnance, leading to a shortage of resources and mismanagement in the university system. It so happened that during all these periods, the state government did not follow the proper budgetary estimates of the university. Funds were allocated on an incremental grant system. Due to promotion, the fnancial liability of the university soared, and it became diffcult to manage the university as teachers began to fle court cases for payment of arrears, and top university offcials had to devote most of their time to dealing with court cases. At some point. the court had to intervene to direct the state government to follow the proper budgetary procedure in determining the allocation of grants to the university. The confict between the state government and the university arose when the state government refused to accept the promotion of teachers granted by the university where the service of teachers in private affliated colleges was counted. The state government noted that promotions should 140

ISSUES AND CHALLENGES FOR TEACHERS

be counted from the date of absorption of a teacher into a constituent college. In such cases, the promotion of a teacher will be advanced by a period equivalent to their service in the private affliated college. This was not acceptable to teachers as they would suffer both in terms of service and promotion benefts and also because in those cases they might have had to repay an equivalent to the amount of excess payment. The plea of the government was that in the event of irregularities in the absorption of teachers in the constituent colleges, a case by case examination would be necessary. Hence the whole issue of the promotion of teachers came under threat. It is very interesting to observe two more arguments that came up in the course of discussion in the court. It was even challenged that the three statutes of the university concerning the absorption of teachers in the constituent colleges are faulty and should not be followed. It questioned the very statutes that were the basis of the absorption and promotion of teachers. Second, the state government does not come into the picture when it comes to the absorption and promotion of teachers as per the act and statutes of the university. Hence the state government remained a mute spectator for all periods. However, when it relates to the promotionrelated fnancial benefts, then the state government comes into the picture. Naturally, the state government will not allow the state exchequer to be plundered while allocating budgets and conceding to the demands of the university for liberal promotion-related benefts. Who is responsible for this mismanagement, state government or the university, is diffcult to say. The state government accepts the policy of liberal promotion. It is legitimate as it is the policy of central government and the UGC. In spite of its critical fnancial condition, the state accepts this demand under the pressure of teachers demanding the benefts of promotion. When university mismanages the implementation of promotion policy without properly distinguishing between merit and time-bound promotion and when it comes to the payment of promotion benefts, then the state government has to take a tough stand. In this whole process, the university becomes a casualty (Dr. Kishore Kumar and Ors. Vs. State of Bihar and Ors., 2001).

Refections of Teachers on Governance7 Recruitment: The recruitment of a teacher takes place at intervals of 10–15 years. Consequently, every college is permanently short of teachers. Besides a delay in the recruitment process, there is also the issue of the quality of the recruitment. It was noted that the challenge in recruitment is to minimize interference. Promotion: The promotion of a teacher is not initiated on time. The university takes it very casually. There is unwarranted delay. Personal and social contacts infuence promotion. Although teachers were also of the opinion that hardly there is such infuence in the promotion. Almost all 141

ISSUES AND CHALLENGES FOR TEACHERS

teachers undergo refresher and orientation courses as this is a mandatory requirement for promotion. Teaching: The academic session is alarmingly delayed. In one university, the BA frst year batch 2016–17 examinations, due in May 2017, were held in August 2018. Hence teaching gets delayed due to late examinations. Most teachers reported that they follow the lecture delivery method in the classroom. Most teachers have not undergone training in teaching methods. Workshops on teaching methods are very seldom organized. Very few teachers reported that they are aware of the Teaching Learning Centers of National Mission on Teachers, a centrally sponsored scheme. Most teachers also reported that they do not use the National Digital Library. There was a mixed response from Human Resource Development Centers. Some felt satisfed whereas some reported dissatisfaction. Class attendance of students was reported to be falling as the academic session starts late. Attendance drops to less than 40%. Research: Almost all senior teachers reported that they are supervising Ph.D. scholars. Although no teacher reported that they had any article published in an internationally peer-reviewed journal in the last year, some of them were pursuing publication of a book. Extension: Teachers perform barely any extension services. It was reported that students do not learn through extension activities as there is no facilitation through the college governance. NSS activities do take place. There is no university/college collaboration with industry. Examination: Teachers reported that they examine from 200 to 1,000 answer papers every year. Assuming that it takes 10 minutes to examine an answer paper, this means that roughly 5–25 days of a teacher’s time is occupied in examining answer papers. Almost 10 days are occupied in invigilation duty. Then almost 15–35 days are occupied in invigilation work. Almost all teachers reported a high level of dissatisfaction with the examination system. They report that the examination system is rotten. It requires a complete overhaul. It has utterly failed to evaluate the depth of learning of the examinees. Technology: Almost all teachers reported that they have not selected courses through MOOC available through Swayam Prabha from the MHRD website. They never watch CEC lecture videos. They have not participated in developing e-courses. They are not using free online course material available on the website. They have not seen the text of E PG Pathshala. The college does not have Wi-Fi facilities. On a personal basis they use the internet for roughly 8–10 hours in a week. Autonomy in governance: The constituent college is governed by the rules of the university. There is no governing body in a constituent college. The Principal is the representative of the university. His/her responsibility is to run the college as per the statutes, ordinance and regulations of the university. Teachers have no autonomy in terms of admission, 142

ISSUES AND CHALLENGES FOR TEACHERS

syllabi formation, examination, appointment etc. Internal governance is undertaken through some of the committees in which teachers have responsibility. An Internal Quality Assurance cell is constituted in some NAAC accredited colleges. It is not fully functional. In the internal governance of a college, the biggest hurdle is the postponement of classes due to examinations and other factors. On average, almost one month’s worth of classes are not held due to examinations. With respect to student admission, there is no digitized system; however, state government has established a centralized online admission system. In terms of rating the governance of the institution, they feel the quality of governance to be good. In terms of the degree of freedom to frame the syllabus, they unanimously hold the view that it is almost non-existent. They do feel that they have freedom to attend seminars, visit the library and form associations. There was a mixed response on the freedom to work at coaching institutes. Some said they have this freedom. Some said they do not have this freedom. The average teaching hours in a week predominate in the functions of a teacher, followed by research work and administration. However, there is a large variation among teachers with respect to teaching, research and administration. Every teacher reported that a service book for every teacher is maintained in the college. There was a common complaint by all the teachers with regard to salary payment. They said that salary payment is regularly irregular. Presently, salary payment is delayed by three months. Does the university team visit the college for guidance and supervision or does the university function only from the offce through rules and regulations? The answer was not very encouraging. Except for a few positive responses, the majority held the view that the university is not proactive in visiting colleges and creating dialogue with the teachers of the colleges. With respect to teachers’ level of satisfaction, it was unanimously pointed out that they are dissatisfed with university governance. They also held the view that corrupt practices infuence decision making in the university. To understand faculty centric governance in a college, it was noted that there is a departmental committee. It is the duty of the head of the department, through the departmental committee, to execute classroom teaching and research work. A teacher has freedom within the ambit of the department. They felt satisfed with the working within the department. In internal governance, there are no disputes, and if there are any, they are resolved through the internal committee. Court cases and disputes only take place in matters relating to promotion and retirement benefts. The above refections of teachers clearly point out that the recruitment of teachers is delayed, resulting in a shortage of teachers in colleges. Moreover, teacher promotions are not initiated on time, which leads to dissatisfaction among teachers. The most noteworthy point was made with respect 143

ISSUES AND CHALLENGES FOR TEACHERS

to examinations. The examination system is not satisfactory, and most of a teacher’s time is consumed in examination duty and checking answer papers; a month’s worth of classes are postponed due to examinations. Another problem of a serious nature relates to the delay in the payment of salary. It was noted above that teachers use the lecture method in teaching. They have not undergone training in teaching methods, and their exposure to the use of technology is limited. It was pointed out that there is the problem of students abstaining from the classes which increases over time. It was pointed out that university administration hardly visits the college or communicates directly with the teachers. In our view there is a need to increasingly communicate with teachers. The university must constitute a committee of college principals, professors, experts and retired teachers for every college.

Conclusion It has been more than 40 years since the large-scale conversion of affliated colleges into constituent colleges by the state government, and related court cases are still pending. It has created an inordinate delay in the appointment of college lecturers. The mass recruitment of college lecturers took place in 1982; after that, the next recruitment took place in 2003. Thus, it is evident that the selection process is extremely irregular and ineffcient. Moreover, even after the issue of advertisement for the appointment of college lecturers, fnal appointment takes many years to complete. For instance, a largescale appointment of lecturers was made by the commission in 1996 and appointment was fnally made in 2003. Similarly, in 2013, the state government handed over the job of recruiting assistant professors to the BPSC, which issued an advertisement in 2014. The recruitment process took almost 2–3 years and still by 2017 not all appointments have been made. The failure to fll vacancies on regular basis is causing irreparable damage to the higher education system in Bihar. The government has experimented with the centralization and decentralization of the process of the recruitment of college lecturers in Bihar, but none of these experiments has been successful in regularizing the selection process. The universities and colleges are hiring teachers on a contractual or ad hoc basis at a pittance instead of publishing regular vacancies. The unsatisfactory situation has been created by the repeated appointment of ad hoc teachers. The Bihar court has deprecated the common practice purported to be existing in some of the colleges of Bihar to appoint ad hoc teachers at the instance of/or without reference to the Vice Chancellor and even without any sanction. It was held that the appointment of ad hoc teacher–like employees was neither good for universities nor for students (Veer Kunwar Singh University Ad … vs. the Bihar State University (C.C.), 2007). It is an unacknowledged crisis that is swamping higher education. 144

ISSUES AND CHALLENGES FOR TEACHERS

Presently there is an impasse in the recruitment of Assistant Professors in the universities and constituent colleges in Bihar. The BPSC has stopped new recruitment, and the University Service Commission, though enacted, has not started the selection process after the advertisement to fll large vacancies in the state. In the meantime, universities have been empowered to start the recruitment of guest teachers following new UGC regulations on recruiting guest teachers through the selection committee at the university level. The power to recruit guest teachers is limited to a period of 6 months. Hence the arrangement is purely ad hoc. Yet if it continues for a long period, this short-term arrangement will give rise to long-term problems of teacher shortage. Under the circumstances, the University Service Commission needs to be made functional sooner rather than later. Under the reservation policy, SC, ST and OBC faculty positions were calculated by treating the entire university as a unit. It grouped all posts of a grade, such as Assistant Professor, in all departments of a university to calculate quota. As per the Allahabad High Court ruling, the practice of institution-wise reservation to fll vacant faculty positions was struck down. It favored department-wise vacancies against which the reservation could be applied. This, in effect, would mean curtailing the reservation. The central government has fled a special leave petition in the apex court against the order of Allahabad High Court. As a result, the process of recruitment has been held up for a long period. It is crucial that managing body for the appointment of college lecturers in private affliated colleges is properly constituted and frames a fool-proof policy for appointments, as per the statutory provision. Efforts are required to expedite the selection process. Numerous court cases in the advent of the non-transparency of the selection process further delay the whole process. Therefore, transparency in the selection process is also very crucial. The promotion of teachers in higher education is guided by the directives and regulations of the UGC. The policy of promotion is usually linked to pay benefts when the UGC pay committees, every 10 years, make recommendations for revisions in the pay scale. Whenever such benefts are announced by the UGC, the responsibility for implementation rests with the respective state governments and the universities through the statutes of the universities. At the level of implementation, the decisions are the result of context realities and subject specifc interests. In such cases, decisions will lead to various conficts, and governance through decisions will lead to controversy and appeals to the court for the redressal of injustices. This is what may be observed in the case of governance relating to the promotion of teachers in higher education in Bihar. It was noted that merit and time-bound promotion remained in practice for a long period and the UGC scheme of promotion that was supposed to be implemented in 1986 in Bihar could not be implemented close to over a decade later. It was this merit and time-bound promotion that allowed teachers in Bihar to be promoted to 145

ISSUES AND CHALLENGES FOR TEACHERS

Professor after 16 years on a fast track mode. A combination of both merit and time-bound promotion created disputes over seniority. Over and above that, all the teachers who were appointed by private managed bodies in affliated colleges, when absorbed into the constituent colleges’ service, made claims for promotion. Although all the processes for absorption of services were laid down, attempts were still made to manipulate the process at different levels. For example, if the appointment was not made on the basis of advertisement, then evidence was created. If the post was not approved by the government, approval was gained through lobbying in the corridors of power. In merit promotion, sometimes the report from the subject experts on teachers’ credentials was infuenced. The University Service Commission also did not scrutinize the information about a teacher before recommending the promotion. It may be diffcult to base policy decisions only on the rule. A strong implementation design needs to be built into the policy. An important point that emerges from the discussion is that an overreliance on the regulatory practices of the UGC in matters relating to the maintenance of standards is not the sure way of achieving a result. Much more needs to be done at the level of practice. The state governments and universities should be oriented immediately after any new regulation comes into operation. The problem of promotion policy in the early 1980s was that merit promotion was announced by UGC on a fast-track mode. Soon the UGC might have realized the danger of its universal application across India. The correction was made by the UGC in the 1986 pay benefts announcement by introducing various grades between Lecturer and Professor. Later on, various amendments were made linking promotion to merit. However, the problem was that state governments do not adjust quickly to changes in UGC regulation. First of all, since the promotion of teachers has fnancial implications, the state government has to issue notifcations in this regard after having carefully understood the implications. Then every university has to make statutes, which is not an easy process as promotion has to be understood in the specifc context of the university, and proposals have to be passed by the senate and syndicate and fnally approved by the Chancellor. At different stages of implementation, there is a need to close loopholes, if any. All unintended consequences of the policy need to be discussed at the level of implementation.

Notes 1 Teacher in position means the number of teachers currently attending the classes and sanctioned strength means the number of teachers who are allowed to attend the classes by the university. Hence, the difference between sanctioned strength and teacher in position shows the shortage of teachers in a college/university. 2 Available at https://www.ugc.ac.in/pdfnews/3375714_API-4th-Amentment-Reg ulations-2016.pdf accessed on October 26, 2020.

146

ISSUES AND CHALLENGES FOR TEACHERS

3 See https://www.ugc.ac.in/pdfnews/5323630_NewDraftUGCRegulation-2018-9 -2.pdf accessed on October 26, 2020. 4 Illegitimate benefciaries are teachers who were not duly appointed following all legal procedures. For example, there were teachers who were not working against the post sanctioned by the government. 5 Legitimate benefciaries are teachers who were working against duly sanctioned posts but did not deserve merit-based promotion. 6 See Malhotra, Ed. Manual of University Laws, 2012, Malhotra Brothers, Patna, also cited in the court judgement (Dr Awadh Kishore Prasad Yadav and … vs, State of Bihar and Ors., 1993) 7 Refections were collected in a focus-group discussion with teachers during a feld visit in 2018.

References Akhauri Bijay Prakash Sinha vs. The State of Bihar & Amp & Ors (September 21, 2010). In the High Court of Judicature at Patna. CWJC No. 377 of 2010. https:// indiankanoon.org/doc/466345/ accessed on October 26, 2020. Dr Awadh Kishore Prasad Yadav and … vs. State of Bihar and Ors (16 April, 1993). In the High Court of Judicature at Patna. BLJR 1203. https://indiankanoon.org/ doc/554209/ accessed on October 26, 2020. Dr Kishore Kumar and Ors. vs. State of Bihar and Ors (October 16, 2001). In the High Court of Judicature at Patna. BLJR 231. https://indiankanoon.org/doc /1498832/ accessed on October 26, 2020. Krishnanand Yadav vs. Magadh University & Ors (July 28, 2014). In the High Court of Judicature at Patna. http://www.educationbihar.gov.in/universityletter/ 28Jul201451005.pdf accessed on October 26, 2020. Ministry of Human Resources Development (MHRD) (1987). Government of India notifcation on revision of pay scale of teachers in universities and colleges and other measures for maintenance of standards of higher education W.E.F January 01, 1986. Government of India. http://assamcollegecode.info/ASSAMCOLLEG ECODE_fles/pdf/UGC%20REGULATIONS/Govt%20of%20India%20Notif ication%20on%20UGC%20Scale%20of%20Pay%20effective%20from%2001 _01_1986.pdf accessed on October 26, 2020. Mishra, BK (15 September, 2014). BPSC advertises posts of assistant professors, Times of India. https://timesofndia.indiatimes.com/city/patna/BPSC-advertises-posts-of -assistant-professors/articleshow/42469959.cms accessed on October 26, 2020. Raageeva Bimal vs. The State of Bihar & Ors (26 July, 2013). In the High Court of Judicature at Patna. CWJC No. 4885 of 2008. Rajesh Kumar vs. The State of Bihar & Ors (April 10, 2018). In the High Court of Judicature at Patna. CWJC No. 17670 of 2017. https://indiankanoon.org/doc /78310034/ accessed on October 26, 2020. The State of Bihar & Others vs. Bihar Rajya (October 12, 2004). In the High Court of Judicature at Patna. CWJC No. 6098 of 1997. https://indiankanoon.org/doc/ 1661743/ accessed on October 26, 2020. The State of Bihar & Ors vs. Smt. Saraswati Kumari & Anr (May 25, 2017). In the High Court of Judicature at Patna. CWJC No. 9549 of 2008. https://indian kanoon.org/doc/50836517/ accessed on October 26, 2020.

147

ISSUES AND CHALLENGES FOR TEACHERS

The Teachers’ Association of The … vs. State of Bihar and Ors (August 4, 1992). In the High Court of Judicature at Patna. BLJR 1088. https://indiankanoon.org/doc /244750/ accessed on October 26, 2020. Veer Kunwar Singh University Ad … vs. The Bihar State University (C.C.)… (18 May, 2007). In the High Court of Judicature at Patna. CWJC No. 1601-1602 of 2004. https://indiankanoon.org/doc/373823/ accessed on October 26, 2020.

148

6 PRIVATE HIGHER EDUCATION

The privatization of higher education in Bihar adds a new dimension to the governance of higher education institutions. During the struggle for freedom and in the immediate post-independence phase of nationalism, there were many philanthropic attempts to open educational institutions. Private institutions supported by the community were the main source of educating people from all sections of society. In the post-independence phase, private philanthropy slowly gave way to political and business interests in the establishment of colleges. As these private institutions gradually found it diffcult to sustain themselves with the meager resources, there was growing demand for a government takeover of private educational institutions in the 1970s. The takeover of such educational institutions as constituent colleges and the absorption of teachers and non-teaching employees into the constituent colleges suffered from mismanagement by the state and the university. The mismanagement was the result of various social and political pressures exerted upon the state government and the university. Thereafter, the management of a large number of constituent colleges suffered from a shortage of funds and the confict generated by different interest groups that nullifed all rational decisions. It is important to note that private philanthropy survived during the period of the struggle for freedom during which the ideology of nation building was developed. However, it could not survive for long. Various political and social pressures were created upon the state so that state resources could be used to the beneft of different sections of society. It would be interesting to look at such historical developments leading to issues relating to governance that affected the future trajectory of higher education. In the future trajectory of higher education, the takeover of private colleges by the government was an important decision. It would be interesting to examine what happened during the takeover of private colleges, particularly with respect to the absorption of teachers. With respect to the managing of private colleges, there are issues with respect to the affliation, the general supervision of private colleges by the university, admission, the

149

PRIVATE HIGHER EDUCATION

teaching and examination of students studying in the private colleges and the disbursal of funds by the government to the private colleges. The extent to which these important issues were resolved is interesting to understand. It is of importance to understand a short case study of a private college and the refections of teacher working in a private college. An attempt is made in the chapter to understand some of the dimensions of governance noted above.

History of Privatization Early Private Philanthropy1 Early private philanthropy can be traced back to the period before independence. During this period, the earliest initiative was taken by the British government. Patna College was founded on January 9, 1863. Till January 1952, Patna College was a Government College and worked as an autonomous body. Soon afterward, T.N.B. College, Bhagalpur, the second oldest institution of higher learning in Bihar, was established. Rai Bahadur Tej Narayan Singh contributed a good deal of his ideas, labor, money and land for its building. Again, the successors of Banaili families, Raja Bahadur Kirtyanand Sinha, came to its aid and contributed 60 acres of land and 6 lakhs of rupees in cash for the construction of buildings and other developmental work. The Government of Bihar also gave some grants for the building, and as a consequence the college’s magnifcent building was constructed in 1922. In this case, private philanthropy coming from a large Zamindari state was later supported by the Government of Bihar. Another example of early private philanthropy is the Bhumihar Brahmin College, later renamed Langat Singh college owing to his initial contribution; this was established as a people’s initiative, dominantly supported by Bhumihar Brahman Sabha, the caste association of Bhumihar Brahman, a management committee consisting of Zamindars, pleaders and the Principal of the college and fnancially supported by four Zamindars and Bankers. Patna Science College, a constituent unit of Patna University, was established in 1927. Initially it was opened as the Science Department of Patna University. It began functioning independently in 1928 when its foundation stone was laid by Lord Irwin on November 15, 1928. There was a wave of private philanthropists thereafter. A group of local patriots established Rajendra College on August 1, 1938 in Sah Banwari Lal Building situated on the western outskirts of Chapra with a mission to facilitate the all-round development of the nation. History is testimony of the fact that Rajendra College became the main center of the freedom struggle where nation-lovers from the different parts of the country imparted or obtained education at one of the premiere colleges of the state. Chandradhari Mithila Mahavidyalaya, Darbhanga (Bihar), was established in 1938. It was founded under the auspices of a Citizen’s Committee 150

PRIVATE HIGHER EDUCATION

consisting of distinguished dignitaries of Darbhanga who felt the need to provide higher education on the Western model while retaining an oriental favor in the far-fung and remote areas of North Bihar. Raja Deoki Nandan and Diamond Jubilee College (R.D.N.D.J. College), Munger was established in 1898 with the magnanimous effort of the leading citizens. In 1920 the present site of the college. covering an area of about 15 acres. was acquired and the foundation stone was laid on February, 18, 1921, by Lord Sinha, the then Governor of Bihar and Orissa. The college was further supported by the British Government. Rani Parmeshwari Devi, wife of the late Raja Deoki Nandan Prasad Singh of Munger, donated Rs. 1 lakh. Munshi Singh College, named after Babu Munshi Singh, an ordinary farmer with a noble soul who generously donated 75,000 rupees, was established in 1945. In 1950, the Chief Minister of the state granted the land which was an old and abandoned historic jail premises of the British era. M. D. D. M. College, Muzaffarpur, was established on July 25, 1946, when a group of nationalists, educationists and social thinkers like Rai Bahadur Shri Narayan Mahatha, Rai Bahadur Uma Shanker Pd., Shri Harisadan Bhaduri, great educationist Dr J. K. Sarkar, Rai Bahadur Veereshwar Chatterjee, Shri Atulanand Sen and Shri Mahesh Pd. Singh gathered on the premises of Chapman Girls High School, Muzaffarpur, and informally established this institution. Mahant Darshan Das, a progressive thinker in the feld of women’s education, donated land and money in the beginning. Ram Krishna College, Madhubani, a co-educational constituent college of Lalit Narayan Mithila University, Darbhanga, situated at the foothills of the Himalaya and in the heartland of Mithila, was established in 1940 by Baboo Ram Krishna Purbey. In the above development trajectory, it may be observed that there were philanthropists ranging from Zamindards, nationalist leaders, rich businessmen, ordinary farmers, citizens and educationists and a host of other people. The community initiative was gradually supported by the British government and later by the Chief Minister of Bihar. The ideology of nation building was uppermost in the minds of local patriots. Partly, nation building was seen through the modernization and spread of European knowledge. Political power was supportive of the role of community. However, the internal resources were not suffcient to develop colleges suffciently. The progress of the spread of higher education was slow in the absence of suffcient funding support from the government. A Mix of Private Philanthropy and Political and Business Interests in the Post-Independence Phase In the immediate post-independence phase of private philanthropy, the ideology of nation building survived, albeit for a brief period. Ram Dayalu 151

PRIVATE HIGHER EDUCATION

Singh College, Muzaffarpur was established on June 19, 1948, spreading across 51 acres of prime land in the urban area. A group of Zamindars, political leaders and educationists took the initiative in establishing the college. Kamla Prasad Goenka, a businessman and a nationalist leader, was responsible for establishing G. D. Goenka college in Sitamarhi in 1949. M.J.K. College Bettiah was established in 1955 with the philanthropic support of land and money from the Maharani Janki Kunwar of Bettiah Raj. The Dayanand Anglo Vedic Postgraduate (D.A.V.P.G.) College, located at Siwan, was established in 1941 by late Baidyanath Prasad, alias Darhi Baba, a great educationist and social reformer of the Siwan district. The objective was to impart education to students in an underdeveloped area who could not afford to get the same type of education available only in big cities. The college, covering a total area of 16 acres, is situated in the urban area. D.S. College Katihar was established in 1953 with the initial support of community leaders Ram Babu Singh and Kali Charan Yadav. Throughout the 1950s and 1960s, private philanthropy was the basis of the expansion of colleges. Many colleges were established in the name of political leaders and businessmen who initially supported the colleges in terms of mobilizing land and resources. Without this, the expansion of higher education could not have been possible. However, the colleges were crying out for government support. The demand was met by the government through a four-phase takeover of the private affliated colleges into constituent colleges, which meant that government took over all the assets and liabilities of the colleges. It was now the responsibility of the state government to meet salary payments to teachers and non-teaching employees and to develop the infrastructure of the colleges in proportion to the needs of the expansion. The 1970s saw a phase of expansion in which colleges were established with a view to temporarily engaging the unemployed educated who gathered around and were helped by local patrons to establish a college in which they could fnd temporary engagement as teaching and non-teaching employees. Hope was generated that once colleges became functional and affliated to a university, perhaps in future the government would take over the colleges, and the services of teachers and non-teaching staff would then be regularized. The motive in such cases was that educated unemployed would have the security of salary and service. The local patrons were politicians, businessmen and infuential local leaders. For example, Ram Lakhan Singh Yadav College in Bettiah was founded in 1975 in the name of an infuential political leader to get his patronage. Bahera College, Bahera was established in 1979 with the help of local people and support from Abdul Bari Siddiqui, an infuential political leader who helped the management of the college to get permanent affliation in phases. Another example is that of S.B.A.N. College, Darheta Lari, where a large number of teachers and non-teaching staff became employed, although the infrastructure was poor. The private 152

PRIVATE HIGHER EDUCATION

colleges were also established with a view to spreading education among women in rural areas. For example, Purnea Mahila College was established in 1970 with a view to providing access to the females of an underprivileged people living in the remote and backward region of the north eastern region of Bihar. The result of the state government policy for the takeover of colleges was that some poor institutions in terms of infrastructure were made constituent units while many such colleges without political backing could not be made constituent colleges. Some of those private affliated colleges still exist, and the author visited one such college, Ram Bilas Singh College, Tetiya, which was established with land donation and support from a community leader and has a good infrastructure. It is still being managed by private management as of 1979 and is scantily supported by government. It may be further noted that many intermediate colleges and professional colleges were also established by private persons with a view to making a proft. This is a much more recent phenomenon. The sole objective of private management in running B. Ed. colleges was to earn money by admitting a large number of students. Engineering and dental colleges were established by private entrepreneurs to earn money. Such commercial ventures are now common and managing those private commercial colleges is becoming an uphill task in terms of grant of affliation, overseeing the teaching–learning process and conducting examinations and distributing state government grants to teachers and non-teaching employees. Some of those management problems will be examined separately. The following issues relating to the governance of private colleges are prominent: 1. Takeover of private colleges into constituent units of the university 2. Absorption of teaching and non-teaching employees into constituent colleges 3. Issue of affliation of private colleges 4. Issues of private managing bodies of colleges 5. Disbursement of grants to private colleges

Issues and Problems of Governance Takeover of Private Colleges into Constituent Units of the University The phenomenon of the takeover of private colleges into constituent units of the university is perhaps unique in Bihar. The phenomenon was much affected by the government who acquired political power to serve the interests of groups who were sympathetic to the government. For the frst time, in the frst phase, the climate was favorable for the takeover. In 1974, the Federation of University Teachers Association of Bihar (FUTAB), led by the general secretary Prof. Parmanand Singh Madan, led an initiative by 153

PRIVATE HIGHER EDUCATION

university teachers, resulting in an agreement with the government of Bihar in favor of the takeover and the subsequent absorption of the teachers of private colleges into the constituent units of the university. There was a discussion in the assembly in July 1975 in favor of the takeover by the government. Having infuenced the government, the decision was made to take over 50 private colleges into constituent units of the university. The principle was that at least one leading college of every district of undivided Bihar will be taken over. Moreover, all the affliated colleges which were established before 1958 were also taken over to promote higher education in the state. In 1976, an election was announced, and the government in power declared the takeover of about 46 colleges in undivided Bihar. During this period, some of the women’s colleges were taken over by the government. Elections were held in 1977–80. There were two Chief Ministers, Karpoori Thakur and Ram Sundar Das, who served the state during the period. In 1977, Thakur Prasad Singh was the education minister. During this period, only some of the colleges announced in the previous government were taken over by the government. There was also strictness in the affliation of colleges to the university. It is important to note that in all the private affliated colleges before 1976, the sanction of posts by the government was approved by the Finance Ministry as well as the Ministry of Education. Almost half of the colleges were defcit grant colleges. This meant that government was responsible for meeting the defcits of the college, and in the calculation of the expenditure of the salary component of teachers, maintaining parity with the constituent colleges was taken into account. This had the implication that with the limited number of constituent colleges, the fnancial liability of the government was limited and government could afford to fnance the private colleges on the basis of defcit grants. So, the pay parity between the private and the constituent colleges was maintained, and government also supported the private colleges in a limited way, supporting the expansion of higher education in the state. It is important to note that posts for teachers in affliated colleges were also approved through a due process by the then recruitment body. During this period, government was also of the view that expansion should proceed cautiously. Hence the government took a decision to amalgamate some of the non-viable colleges with viable colleges that were in sound health. However, in 1980, Jagganath Mishra became the Chief Minister of Bihar for the second time. In the third phase, the decision was taken in favor of the takeover of some of the viable colleges which had so far been left out. The frst list was the one in which colleges which were fully viable were taken over. During this period, Raghunath Jha was Education Minister of Bihar. In the second and third list, many of the non-viable colleges were also taken over by the government. The political decision was infuenced by many vested interests working to get employment security through the 154

PRIVATE HIGHER EDUCATION

government takeover of the college. Private colleges having soaring enrolment, poor infrastructure and the little government support, the colleges could not maintain the quality of education. The story of the takeover of 40 private colleges in 1985, when Bindeshwari Dubey was the Chief Minister and Lokesh Nath Jha was the Education Minister, was indeed a story of governance failure. During this period, the government yielded before various groups to include colleges in the takeover list. The issue of takeover is very much related to the absorption of teachers into constituent colleges. The irregularity was committed at all the ends of the governing structures of the university. It is said that many persons were subject to a vigilance enquiry and were given a jail sentence. Absorption of Teaching and Non-Teaching Employees into Constituent Colleges It was noted in the previous chapter that the appointment of teachers in private affliated colleges is governed by a Selection Committee constituted by the university as per the University Act amended in 2013. However, in the past, in the 1960s and 1970s, management committees while establishing private colleges used to appoint teachers against various posts in the private colleges. The concurrence of those teachers through interview was further granted by the University Service Commission at the state level. The Commission had also the power of giving temporary or indefnite concurrence. However, the takeover of private colleges by the government into constituent colleges raised a lot of controversy. The controversy was prominent in the case of the fourth phase of the takeover of 40 private colleges into constituent colleges. In the previous chapter, the issue of the absorption of teachers from affliated colleges into constituent colleges has been dealt with in some detail. The previous chapter also highlighted the decisions of various governments on the takeover of colleges in different phases. The analysis throws light on how vested interests put pressure upon the state government to make a favorable decision about the takeover of colleges. This was a phase of political competition in which governments representing the interests of various caste combinations were trying to please their interest groups. Therefore, decision making was very much devoid of rationality. The only rationality that can be presented is that it contributed to the expansion of higher education and the entry of various sections of society into colleges and universities which had so far been unrepresented there. For example, the Government takes the decision to take over colleges on the rational grounds of representing all the districts. Then it considers certain cutoff dates for the establishment of colleges. It prioritizes the takeover of women’s colleges. In the third phase of takeover, it considers all the viable colleges, and subsequently many non-viable colleges are taken over. This meant soaring liability to meet teachers’ salaries. Teachers and their 155

PRIVATE HIGHER EDUCATION

associations emerged as an important pressure group to infuence decisions on takeovers. Subsequently there emerged the issue with respect to the determination of teachers to be absorbed into the services of constituent colleges. Firstly, the decision was that on the date of takeover of the college, all the teachers who were permanently in service following due procedure would be absorbed. Then there was the plea that some teachers were working temporarily and their posts were sent by the universities to the state government for approval, and this was pending with the state government. Hence there was a demand that such pending cases of teachers be cleared and such teachers should also be absorbed. Approval of staring new subjects was pending with the state government, yet the new subjects were being taught and teachers working against them began to demand that they should also be absorbed. Lastly, there were teachers and non-teaching employees who were not working. They – also in league with the managing body – got their names included in the list of teachers to be absorbed. In spite of all the government orders and university acts, statutes and regulations in place, confusion was created with respect to the selection of teachers who were bona fde cases to be considered for absorption. There were disputes. In the case of disputes, both the state government and the claimant fought legal battles. Ultimately, in spite of irregularities, the claimants were successful as there were many loopholes in government’s dithering decision-making processes. The state government shifted the date of absorption many times. Litigations were so many that the Supreme Court had to constitute a onejudge commission to decide the bona fde cases. The state government made a vigilance inquiry and some of the culprits were also sentenced to jail terms. Issue of Affliation of Private Colleges The affliation of private colleges to the universities in Bihar is an important issue of governance. This is analyzed in the previous chapters. It was observed that in response to UGC regulation on the affliation of colleges, as amended from time to time, the universities in Bihar have amended the regulation with a delayed response. Notwithstanding the fact that regulation exists, the compliance to regulations at the level of the university had been subject to various interpretations and sometimes open defance. Whenever colleges seek affliation, university teams are sent to examine if the colleges fulfll the conditions for affliation as per the statutory provisions of the university. An inspection report for the college is based on the records submitted by the college authorities and the physical verifcation of the records. Inspection reports were being infuenced by the interests of private parties. An argument was made that the conditions of granting affliation to the college were onerous and could not be met at the founding stage. As the college serves the interests of society by granting an opportunity to access 156

PRIVATE HIGHER EDUCATION

higher education, it would be in the interests of society to grant the affliation. Perhaps the feld reality of resource constraints and the social needs of the college become the main factor in liberal recommendations for affliation at the level of the university. Sometimes in a very strong case, the recommendation for the grant of affliation of a college to the state government may be for permanent and sometimes for temporary affliation. The power to grant affliation for colleges rests with the state government. Here arises the dilemma before the bureaucracy. Private interests lobby in the corridors of government to grant affliation. On the other hand, the factual record shows defciencies of some sort or the other. This leads to a delay of many years in a decision being made. In the meantime, the private parties approach the court on the plea that students are suffering on account of indecision at the level of government. Students are denied permission to appear at examination. Looking at the interest of the students, the court again takes a lenient view and directs the state government or the offce of the Chancellor to settle the issue of affliation with the respective colleges. In many cases, it orders the government to grant a temporary affliation so that the interests of the students do not suffer. A grant of affliation for a year or two is provided. As the conditions for affliation are not met, colleges continue to get temporary affliation for a number of years. With poor infrastructure and incompetent teachers, the only aim of some such private colleges, if not the entire aim, is to admit students and present them at examination without any teaching and learning process. In recent years, many intermediate colleges and private degree colleges have been in the race to open B. Ed. programs. This requires NCTE norms to be fulflled. As the norms are onerous, strictly affliating conditions are not met, yet the compulsion to meet the social demand leads to the grant of temporary affliation to such B. Ed. colleges by the state government. It is important to note that B. Ed. colleges have succeeded in fxing fees at a considerably higher level than the normal fee charged in general cases, yet they have failed to deliver in terms of a quality teaching–learning process. The fundamental problem of affliation is that colleges are running under temporary affliation. Universities fail to annually inspect the colleges and to send recommendations to state government for the continuance of affliation. Private parties fail to upgrade colleges so that the demand for permanent affliation can be fulflled. In a resource-constrained state like Bihar, there are not many private parties who are ready to invest substantial sums in establishing a college. As the problem of temporary affliation will continue to exist, governance remains a challenge in this area. Issues of Private Managing Bodies of Colleges The managing body of an affliated college other than college-owned and maintained by the state government (called constituent colleges in Bihar) 157

PRIVATE HIGHER EDUCATION

is an important body in terms of governing the college as per the rules and regulations of the university and in maintaining standards of education. The managing body should follow university guidelines and must be aware of UGC regulations. The managing body, called the governing body, of all private and minority colleges, general, technical and medical, is constituted under section 60 of the Bihar University Act, 1979 and the Aryabhatt Knowledge University Act. The members as per the act are the Principal of the college, a member elected by and from amongst the teachers of the college, a representative of the university, an offcer of the state government and a Member of Parliament (MP) or Member of Legislative Assembly (MLA); all of these are nominated by the Vice Chancellor, a donor having donated at least 25,000 rupees to the college and an educationist. Inspection of a college to be affliated is also guided by section 56 of the Bihar State University Act, 1979. The syndicate of the university has the power to cause inspection, review the report of the inspection and, based on the report, recommend to the affliation of the college to the State government. The managing body of a private college is controlled by an infuential person, local businessman, politician or public leader. While in some cases the controlling group may be interested in the all-round development of a college, in the majority of cases, the interest lies in making money. The recent B. Ed. college phenomena is an example. The NCTE, in April 2019, derecognized 14 B. Ed. colleges for want of teachers and infrastructure, and it is in the process of derecognizing many more. Private managing bodies in many colleges are also not properly constituted by the university. Meetings are not held on time for want of non-attendance of state or university representatives. Teachers complain that there is not an adequate representation of teachers in the managing body. Under the circumstances noted above, it is not surprising that private managing bodies fail to take decisions concerning the proper conduct of classes. It is unmindful of teachers’ attendance, student absenteeism and library and infrastructure problems. There is no mechanism by which the university can continue a dialogue with private managing bodies and sort out the issues and problems of governance – both academic and administrative. Disbursement of Grants to Private Colleges In what may be called a performance-linked funding scheme, an affliated institution gets Rs 4,500 for every student passing in the frst division, Rs 4,000 for every second division and Rs 3,500 for every third division, with a slightly higher incentive in the case of girls. The scheme has led to the mushrooming of frst-division graduates of the college and barely any student fails. Based on the funding scheme, there has been huge delay in the 158

PRIVATE HIGHER EDUCATION

payment of grants to the affliated colleges, and there are court cases by claimants asking for money. The disbursal of grants to the college is withheld for various reasons. Universities fnd it diffcult to follow all the guidelines specifed by the state government, and as a result, teachers in private colleges do not receive a salary for months, and what they are paid is not even the minimum wage paid to an employee. Moreover, the private management may set up their own mechanisms to disburse salaries to teachers and non-teaching employees. This leads to dissatisfaction among private college employees.

The Case of a General Private College in Bihar R.B.S. (Ram Bilas Singh) College Teyai, Teghra, private and permanent affliated unit of L.N.M.U., Darbhanga. was established in 1979 by a noted local philanthropist to spread higher education in rural areas. The student strength of the rural college is 8,000 students and the teaching strength is 28 teachers with 15 non-teaching employees. It has a properly constituted management body which has evolved over two generations with a philanthropic motive whereby politicians have very limited intervention. Presently, the management committee is headed by a government representative. In spite of having a good infrastructure, the college was not made a constituent unit of the university. It was informed that in this particular college affliation was granted but the creation of posts was not sanctioned by the government. The procedure was that after the resolution of the governing body of the college to create the post subject-wise, the proposal is sent to the university for approval. The university makes an enquiry and sends the recommendation to the Education Department, Government of Bihar for the sanction of the post. This created problems with respect to the status of the service conditions of the teachers in the college. It also emerged that many other colleges in the neighboring district got posts created with the help of political leaders who were close to the government. Finally, only in 2017, the two posts in each department were sanctioned after the due approval of the University Selection Committee. It further came to light that this is one of the few private colleges in Bihar where the regular payment of salaries is made, which is presently Rs. 11,000 per month. The resources to pay the salaries are obtained from the fee competent which is regulated by the university and by the allocation of grants by the state government to the college. With respect to classroom teaching, it was found that it is highly irregular for various reasons, such as a shortage of teachers, student absenteeism and unscheduled holding of examinations. It was said that even in the prestigious constituent college of the university, which has student strength of approximately 30,000 students, classes are not being held. The Principal 159

PRIVATE HIGHER EDUCATION

does not have the moral authority to ask teachers to attend classes and come to the college. Another source of income for affliated college teachers is in the evaluation of answer papers. Post-examination, most teachers are interested in the evaluation of answer papers at the evaluation center in the University rather than teaching work in the colleges. The demand for affliated teachers for evaluation has gone up because constituent colleges’ teachers are in short supply, being either retired or showing no keenness to do the work of evaluation. With respect to the university–college relation, it was reported that affliated college teachers are treated as second-class citizens at the university. Many times, the university threatens the college with de-affliation for the smallest of the mistakes committed or delays in information being sent to the university. It was recorded by the Principal that in one of the NAAC workshops at the university, the threat of de-affliation was made to the college. There was no option but to maintain silence before the university authorities. The university authorities time and again insist on 75% student attendance, all of which records are forged and sent to the university. There is also a biometric attendance system for teachers. It was reported that every year, two or three meetings of the governing body are held. It was reported that for the last 4–5 months, teachers have been engaged either in conducting examinations or in evaluation work. At the time of the interview, 10 teachers were deputed to examine copies of theory papers and 10 teachers were deputed to hold practical examinations. This was said to be a farce because there is unfair means of examination and hardly any practical classes are held. There is a liberal marking approach to examination. Hence, the whole system of college governance has been reduced to admission and examination. Teachers said that there is hardly any communication with the management body of the college. There is no fnancial discipline in many private affliated colleges. There is a system of receiving money through the salary cheques given to the teachers. The management body has no interest in the teaching–learning process. Teachers also said that there is no interaction with the university either in terms of strengthening the facilitation system or for the redressal of grievances. Only in a situation when there is a confict concerning the seniority of teachers do university representatives take notice. It was reported that 10% of teachers have a casual approach and are also involved in many other activities. One of the teachers repented that “ना एक अच्छा शिक्षक बन सका, ना एक अच्छा बाप बन सका” (Neither could I become a good teacher, nor a good father). The context of the above statement is that teachers repented that given the circumstances, they are not able to devote time to the teaching–learning activities of the college and because of their meager income or meager salary, they are not able to adequately fund education for their children. The college reported that they had tried in the past to introduce professional and vocational courses such as fashion technology and BCA at a fee 160

PRIVATE HIGHER EDUCATION

of Rs. 6,000. However, because the fee was so high, the course could not be sustained. It is a policy of the government that limited posts be created. There is no rationality where one college has 100 teachers working and the post was not sanctioned. It got sanctioned only after 2017. When the university had the power to create the post in the private college, the process of sanction of the posts was smooth.

Teachers’ Perspective Respondent: Teachers of a Private College Affliation of Private Colleges There is a procedure laid down as per the statute of the university to grant affliation to a degree college. As per the practice, an Inspector of Colleges from the university visits the college and prepares the inspection report. The report is submitted under different bodies. It was pointed out that the inspection report looks at defciencies with respect to teachers and infrastructure. Normally, the founder of the college puts social and political pressure upon the offcers of the university to get a recommendation for the affliation of their college to the state government. Recommendations are normally made for 3 years, that is, for a temporary period of time, due to defciencies in the infrastructure of a college. When recommendations reach the state government, no decisions are made for a long period of time unless the founder of the college visits the education department and creates pressure on it to make a decision. Normally, in most cases, the state government sends back the recommendation to the university pointing out the defciencies in the report. A state of indecision exists in the affliation of colleges. First, in almost all cases, the inspection report itself is biased and does not give a true picture of the college. Second, the state government does not grant affliation unless it is fully assured that the inspection report reveals the true picture, as any decision with respect to the grant of affliation leads to fnancial pressure upon the Budget. There is a further problem when permission to introduce new subjects at the college is sought. In many cases, the permission to start new subjects gets delayed at the level of the university and the state government. Without affliation, amidst uncertainties, the students enrolled at a private college do not get permission to start the admission process. From 2019 onwards, a centralized state-level online admission procedure is in place. To get listed in the centralized web portal for admission of students at the state level, a college needs a grant of affliation. Registration to the centralized portal cannot be permitted when there is a delay in the grant of affliation. In such cases, the management of private colleges go to court for the grant of affliation. When the court instructs the State government and the Chancellor, the state government grants temporary affliation for 161

PRIVATE HIGHER EDUCATION

a period of 1 year, and sometimes for a period of 3 years. The offce of the Chancellor directs the university to streamline the affliation process. Affliation is necessary to allow students to appear at examination through the process of registration. In such circumstances as well, the management of private colleges also go to court and get a court order. It was reported that in a recent case of de-affliation of over 60 colleges in Magadh University, students were facing a problem in appearing at examination. It was reported that in spite of disaffliation, these affliated private colleges admit students on a regular basis and, at the time of examination, pay fees to the government or private affliated colleges for allowing registration and permission from the university to appear at examination. Hence, even after de-affliation, private colleges continue to exist, undertake admission and facilitate students to appear at examination. The issue of the affliation of private colleges has become complex as they exist more as a means of making money, without any consideration of providing a service to the students by educating them. The Vice Chancellor of the university makes no effort to sort out the affliation, nor does the state government show any willingness to curb the practices of private colleges for the simple reason that it may face the opposition of vested political and infuential persons who normally are the founders and managers of these private colleges.

Conclusion The philanthropic motive to establish private colleges before independence and in the immediate post-independence phase no longer survives today. In the 1970s, there was a growing demand for the government takeover of private colleges. The social demand may be justifed on grounds of providing access to large segments of society. However, such social demand evolved in a particular socio-political environment where many centers of power emerged along caste and income lines and because of other considerations, such as employment benefts accompanying the government takeover of colleges. The centers of power acted upon a state run by political actors and bureaucrats. They also worked upon the university administration. The pulls and pressures of different centers of power fulflled the demands of certain sections of society through the takeover of colleges and giving security of tenure to teachers and non-teaching employees of the colleges. In the midst of the confict between various groups, there was complete defance of the rationalities implicit in the rules and regulations. Hence, in the management of private colleges, rationalities failed to prevail amidst various oppositions, giving a heavy jolt to the quality of teaching and learning. The frst and foremost issue of governance in the management of private colleges relates to the affliation process. There is prevalence of temporary affliation as many institutions fail to fulfll the conditions of affliation. Sometimes a delay on the part of the state government in providing temporary 162

PRIVATE HIGHER EDUCATION

affliation leads to uncertainty with respect to the prospect of students appearing at the examination. This leads to court cases. In spite of various orders of the court and instructions from the offce of the Chancellor, universities have failed to properly institute the process of affliation. There is another important area of governance with respect to the supervision of the university over private colleges in terms of the proper constitution of managing bodies, the teaching–learning process, examinations, etc. It was noted that most of the private colleges suffer from poor academic culture. Students are admitted and without any teaching–learning process, they are allowed to appear at examination. Thus, there is a failure of academic governance as well.

Note 1 The information on this section was collated from the websites of respective colleges.

163

7 FINANCING OF HIGHER EDUCATION

Governance of higher education to a great extent depends on public funding and effciency in the use of public funding. Public funding acquires importance particularly in a state like Bihar where household capacity to pay for higher education is limited owing to the low average per capita income in comparison to other states. The challenge of funding higher education is onerous because public funding competes between school education and higher education. The former is given more importance than the latter as economic development depends to a large extent on higher average years of education which can be increased more by investing in school education. The Economic Survey 2018–19 notes that ‘for a socially disadvantaged state like Bihar, it is the elementary education sector that commands the highest importance, since it is this sector which feeds students for the secondary sector which, in turn, feeds students for the higher education sector’ (Bihar Economic Survey, 2019, p. 335). Hence there is a dilemma insofar as the fnancing of higher education in Bihar is concerned. The dilemma is that school education is necessary as it is a stepping stone to higher education. However, higher education is equally necessary as it leads to knowledge and skill development. In a poor state like Bihar, the evidence suggests that public expenditure on education as a proportion to aggregate budgetary expenditure is higher than in all other states. Hence the question is how to fund higher education, given the fact that the cost of higher education is going up and the government needs to prioritize funding in favor of school education. How then can requisite funding for higher education be mobilized?

Financing of Higher Education in Bihar There are various indicators through which the progress in the fnancing of higher education can be assessed. Some of these indicators are: (i) percentage of expenditure on education to aggregate expenditure (ii) percentage of expenditure on education to the Gross State Domestic Product (GSDP); (iii) percentage of distribution of education expenditure among primary, secondary and higher education; (iv) per student current expenditure on 164

Financing of Higher Education 

higher education; (v) per student real expenditure on higher education; and (vi) percentage of per student real expenditure on higher education to per capita Net State Domestic Product (NSDP). With the help of these ratios, an attempt is made to understand the current scenario of financing higher education in Bihar. Percentage of Expenditure on Education to the Total Budgetary Expenditure It is important to know what the percentage of expenditure on education is compared to the total budgetary expenditure in Bihar in comparison to the scenario in all states. As shown in Figure 7.1, the ratio has been consistently higher for the last 18 years in Bihar in comparison to the all-states average. It may be noted that in Bihar, the ratio has a declining trend, which means that government is finding it increasingly difficult to provide budgetary resources for education in relation to the demand for other sectors. It shows that so far as budgetary effort is concerned Bihar government in comparison to all states average has been prioritizing budgetary allocation for education, although this is becoming increasingly difficult (See Figure 7.1 and Appendix III, Table III.1). The fact that the Bihar government has been performing better than the all-states average in terms of budgetary allocation to education is further confirmed by the fact that education expenditure as a percentage of GSDP has also been quite high in Bihar in comparison to all states. Not only that;

25 20 15 10 5 0

Bihar

All States

Figure 7.1 Expenditure on education as percentage of total budgetary expenditure: Bihar and all states comparison. Source: State Finances: Study of Budgets of 2017-18, RBI, 2018, available on https​:/​/rb​​idocs​​.rbi.​​org​.i​​n​/rdo​​cs​/Pu​​ blica​​tions​​/PDFs​​/0SF2​​01718​​_FULL​​6EE17​​CFBD8​​00428​​7A0CD​​​4FDB0​​ 632AF​​E8​.PD​F accessed on April 20, 2019

165

Financing of Higher Education  7 6 5 4

All India

3

Bihar

2 1 0

Figure 7.2 Education budget of Education Department to GSDP. Note: The percentage figures in 2013–14 and 2014–15 are given at the base year 2011–12. Percentage figures from 2008–09 to 2012–13 are given at the current price. The figures for 2005–06 for Bihar and for India in 2006– 07 are given at 1999–2000 base year. Similarly, for 2006–07 for Bihar and 2007–08 for all India figures are given at 1999–2000 base year. The figures for 2005–06 for all India and 2007–08 for Bihar have been that of succeeding years as the data from the secondary source was not available.

while the all-India scenario has almost seen around 3% of national income being spent on education, in Bihar more than 6% of GSDP is being spent on education, which is almost double that of the all-India scenario. This higher ratio implies that, in relation to capacity to finance education expenditure, the state government is investing more than in comparison to the whole of India (See Figure 7.2, Appendix III, Table III.2). Intra-Sectoral Distribution of Education Expenditure What has been happening to the intra-sectoral distribution of education expenditure? This can be examined through the ratio of the percentage of expenditure on primary, secondary and higher education to the total expenditure on education. Over an 18-year period, we see that this ratio for higher education has gone up from 14% to 16% from 2001–02 to 2017–18, for secondary education it has gone up from 18% to 19% during the same period and for primary education it has come down from 68% to 65%. Intersectoral expenditure distribution in education clearly shows that primary education has retained the priority for finance in relation to secondary and higher education (see Appendix III, Table III.3). It may be observed that expenditure on higher education means expenditure on universities and all constituent colleges affiliated to the universities as they constitute the bulk of expenditure, i.e., over 95% of expenditure on higher education (see Appendix III, Table III.4). Further, it may be noted that 99% of expenditure is under non-plan heads (see Appendix III, Table III.5), and under non-plan heads, most of the expenditure is on account of 166

Financing of Higher Education 

salaries. A very small sum is spent on maintenance, and this explains why the infrastructure of higher education is in a bad shape in the absence of maintenance funds. This can be easily verified in practice by looking at the condition of hostels and residential accommodation for teachers and nonteaching employees (Figure 7.3). Higher Education Expenditure per Student It is important to note that current expenditure per student has increased from Rs. 9,603 to Rs. 34,225 in the period between 2004–05 and 2016–17. Taking 2004–05 as base year, it may be noted that real expenditure per student has increased from Rs. 9,603 to Rs. 18,954 during the same period. It implies that the recurring cost of higher education has almost doubled during the period. Since budgetary expenditure is mostly used to meet the salary costs of teaching and non-teaching employees, it can be said that higher cost of education is due to the higher salaries being paid to the employees of colleges and universities (see Figure 7.4). Percentage of Real Expenditure Per Student to Per Capital Net SDP The percentage of real expenditure per student to per capita NSDP shows in per capita terms how much the state government is making an effort through budget for education development. Chart 4 shows that the percentage of real expenditure on education per student to per capita NSDP has been declining from over 121% to 41% from 2004–05 to 2014–15. Figure 7.5 also shows that the percentage of real expenditure on higher education per student to per capita NSDP has declined from 76% to 56% during the same period (Appendix III, Table III.8).

Primary 14 18 68

18 16 65

16 20 63

15 16 68

14 21 61

Secondary 12 20 63

12 21 62

12 19 69

Higher 13 19 68

28 20 52

13 19 68

12 19 69

12 19 69

16 19 65

Figure 7.3 Percentage distribution of education expenditure: primary, secondary and higher. Source: Economic Survey, Government of Bihar for Different Years

167

Financing of Higher Education  40000 35000

Real expenditure per student

30000 25000 20000 15000

Current Expenditure per student

10000 5000 0

Figure 7.4 Expenditure per student in higher education. For note and source, see Appendix III, Table III.5 and III.6 Per cent of Real expenditure per student to per capita NSDP 151 121

114 88

74 44

37

39

42

41

41

2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15

Years

Figure 7.5 Percentage of real expenditure per student to per capita NSDP. Source: RBI: Handbook of Statistics 2017–18 and Appendix III, Table III.7

To conclude, the percentage of education budget to aggregate expenditure as well as the percentage of education budget as a proportion of SDP is higher in Bihar in comparison to all states. Though the percentage of expenditure on higher education in comparison to primary and secondary education is low, the real per capita student expenditure is going up relative to SDP. The Bihar government is showing budgetary commitment to education expenditure. The problem arises when the normalization is made both for expenditure and SDP in per capita terms. It is important to note that a falling proportion of expenditure on education or higher education in per student terms relative to per capita SDP is an indication that the government is investing in higher education but not sufficiently so as to increase the ratio of expenditure per student to SDP per capita (see Figure 7.6, Appendix III, Table III.9). 168

FINANCING OF HIGHER EDUCATION

Percentage of higher educa˜on Expenditure to NSDP

1 0.76

0.83 0.69

0.58

0.49

0.45

0.52

0.58

0..56

0.56

0 2010-11 20 2004--05 2005-06 2006-07 20 007-08 2008 8-09 2009-10 011-12 2012 2-13 2013-14 4 2014-15 Years

Figure 7.6 Percentage of higher education expenditure to NSDP. Source: RBI: Handbook of Statistics 2017–18 and Appendix III, Table III.7

We have noted that as far as public funding of higher education in Bihar is concerned, the state government has done better in relation to the allstates average in allocating resources for education. However, the state has not allocated resources suffciently in per capita terms in relation to SDP per capita. It is now important to examine whether fnancial resources are being managed effciently.

Management of Finances One of the important issues in the management of fnance in the university relates to the fxation of the salaries of teaching and non-teaching employees. The problem arises when university makes a mistake, either due to the lack of proper records or due to misinterpretation of existing rules or due to favors granted to an individual. In the case of promotion, such irregularity is found frequently. The state government, instead of addressing the university’s mismanagement, centralized pay fxation, and this created controversies. Salary Fixation and Payment Pay Verifcation Cell Related Court Cases Genesis of the pay verifcation cell: In the case of university and constituent colleges, employee initial appointment, promotion, pay increments, transfer, retirement and other cases relating to verifcation of pay of the concerned employees used to be the responsibility of the universities under the act, but the same was not found to be satisfactory. The state government took a policy decision and a centralized Pay Verifcation Cell was set up under 169

FINANCING OF HIGHER EDUCATION

Patna High Court CWJC No.7636 of 2014 dated January 15, 2015 after due approval of the Finance Department as well as the Cabinet vide resolution contained in Memo No. 169 dated January 28, 2013. Basic verifcation of pay is still done by the university authorities and is forwarded to the Pay Verifcation Cell for cross checking. Issues Arising from Pay Fixation Cell Decision 1. Six Readers of Magadh University fled the petition that the Pay Verifcation Cell has unilaterally shifted the date of the absorption of service of teachers after many years. This will not only affect their pay fxation, etc., but will also have the effect of taking away the beneft of promotion granted on the basis of the earlier date of absorption into service. It is important to note that these teachers were appointed at affliated colleges which were taken over in the 4th phase of takeover of 40 colleges into constituent colleges. In the above cases, the state has also taken a plea that all these persons were appointed by the Managing Committee but the post on which they were recommended was the third post so far not sanctioned when the takeover of the college was announced. Recommendation was undoubtedly made on April 30, 1986, for approval before the state government, but the actual approval for such recommended posts was issued only on February 2, 1988. It is against this background that the petitioners are being treated to have been absorbed with effect from February 2, 1988 (Dr Kedar Nath Pandey & Ors vs. The Magadh University Bodhgaya … 2015). 2. In another case, the date of promotion of teacher at Patna University was shifted as initial date of joining in the service which itself was shifted (Prof. (Retd.) Janardan Prasad … vs. The State of Bihar & Ors, 2018). There are similar cases of other teachers of a college where promotion was given at a later date, leading to serious fnancial loss (Shyam Kishore Sharma & Ors vs. The Magadh University & Ors, 2015). 3. After many writ petitions issued by the state government, a notifcation was made that the Pay Verifcation Cell shall issue objections and the university’s decision will be fnal with respect to the fxation of pay. The notifcation in the light of the High Court decision gave relief to the teachers adversely affected by the pay fxation made by the government. Salary Payment by Treasury of the Government Formerly, the practice was that the university would get funds from the state government for the payment of salaries to teaching and non-teaching staff. In the case of delay on the part of the state government in releasing funds to universities, the university sometimes made salary payments through its internal resources and later salary payment got adjusted with 170

FINANCING OF HIGHER EDUCATION

the disbursement of funds from the state government to the university. In March 2018, the state government issued instruction to the universities to open accounts with the treasury so that employees’ salaries can be credited. Every month, the details of salaries, pensions or other arrears of individual employees would be sent to the treasury by the respective universities. It is argued that a centralized salary payment through treasury will lead to delay in salary payments to teachers. On the other hand, the argument of the government is that salary payment through the treasury will prevent the diversion of resources by the university. It was informed by the teachers of universities that there was a delay in salary payments for a few months. After the arrangement of pay through treasury, for the frst time, salaries were posted to the individual teachers on November 1, 2018, allaying the fears of teachers of delay in treasury payment of salaries to the universities. How long this centralized arrangement through treasury leads to the timely payment of salary is open to question. Issues Arising from the Distribution of Grants to Affliated Degree Colleges As noted in Chapter 6, the state government provides formula funding to the private affliated degree colleges. There was found to be irregularities in the distribution of funds by the university to the college for a number of reasons. For example, the distribution of funds was withheld because there is no private managing body in the college. The funds have to be paid against the regular employees. In order to ensure the proper funding, state government issued a detailed guideline to the university on January 2, 2019. As per the guidelines, the following points should be considered. (i) Private affliated colleges must have an affliation for the year for which funds have been allocated, (ii) the governing body of the college is constituted, (iii) the court order must be complied with, (iv) the utilization certifcate for previous disbursal is supplied by the college, (v) payment is made through RTGS/ NEFT, (vi) payments must be made to teachers and non-teaching employees who are appointed properly and are working, (vii) students are enrolled as per the rules of university, (viii) income generated from internal resources is spent on salaries and maintenance in the ratio of 70:30, (ix) the estimate of funds to be disbursed to a college should be as per the formula of successful candidates in the examination as prescribed by the government, and (x) the state government should be immediately supplied with all details by the university. It should be noted that disbursal of funds to affliated degree colleges is an aspect of governance that is not without problems. The conditions attached are onerous. For example, it may be diffcult for the university to ascertain whether each teacher and non-teaching employee is also paid 70% of the internal income by the management. In many cases the governing 171

FINANCING OF HIGHER EDUCATION

body is not properly constituted. The issue of affliation is also not without controversy due to a lack of co-ordination between the university and the state government. This was found to be an area of fnancial management not immune from controversy.1 Bihar Student Credit Card Scheme The Bihar Student Credit Card Scheme is a recent innovation in educational support for students. Under seven Nishay (Plan of seven promises) of the Bihar government during 2015–20, the Bihar Student Credit Card Scheme was initiated from October 2, 2016. In the year 2018–19, the revised program aimed to increase the gross enrolment ratio in higher education and ensure employment for youth. The program aims at benefting 50,000 students in the year 2018–19, 75,000 students in the year 2019–20 and one hundred thousand students in the year 2020–21. This is a scheme of education loan through the Bihar State Education Finance Corporation to be made available to those living in Bihar who are willing to pursue higher education. The loan will be available to those who are willing to pursue general, technical and professional education in approved educational institutions. At present, the education loan will be available to all students who are planning to pursue higher education in 35 courses mentioned in the scheme. The beneft of the scheme will also be available to those who wish to pursue polytechnic education. Education loans of up to Rs two hundred thousand will have to be paid in 60 monthly installments after the moratorium period. Educational loans above Rs. two hundred thousand will have to be paid in 84 monthly installments after the moratorium period. In the year 2018–19, the budgetary allocation is Rs 100 million under the scheme. Fee Structure in Self-Financing Courses and Regulation There is a new trend for more and more course offerings under the selffnancing scheme. Some of the self-fnancing courses approved by Patna University in 2018 are listed below with the course fees per year. It is quite obvious that the universities in Bihar are slowly moving towards self-fnancing courses in order to generate internal resources. It is important to note that all self-fnancing courses have separate ordinance and regulation which are approved by the Chancellor’s offce. Hence there is a high degree of control over fees as well as intake and curriculum to be transacted in the course (Table 7.1). Financial Management: CAG Audit Report The report of the Comptroller and Auditor General of India on General, Social and Economic Sectors for the year ending March 31, 2016 points to 172

FINANCING OF HIGHER EDUCATION

Table 7.1 Annual Fees for Different Courses Course Name

Fees/annum (Rs.)

PG Diploma in Clinical Psychology, Patna University PG Diploma in Women and Child Welfare, Patna University PG Diploma in Women’s Studies, Patna University PG Diploma in Computer Applications PG Diploma in Human Resource Development MA in Music MA in Rural Studies MA in Journalism and Mass Communication M Sc in Bio Technology MCA M Sc in Bio Chemistry M Sc Environmental Sciences and Management MA in Women’s Studies MBA

21,000 5,670 8,200 23,960 9,000 8,000 21,000 20,000 20,260 30,000 35,500 36,310 14,150 54,000

Source: Chancellor’s Offce, Orders, Directives, Regulations available on http://governor.bih .nic.in/Orders.html.

irregularity on account of unadjusted advances. As per the report, failure to adhere to the provisions of Bihar State Universities Act, lack of monitoring, weak internal controls and inaction of authorities of Veer Kunwar Singh University and Lalit Narayan Mithila University led to an accumulation of unadjusted advances of Rs. 18.8 million against 115 persons for a period ranging from 1 to 44 years. Scrutiny revealed the following instances of advances remaining unadjusted: In the records of Veer Kunwar Singh University (VKSU), it was disclosed (November 2015) that an amount of Rs. 15.2 million was advanced from the Examination Fund to 79 persons for various purposes between February 1994 and December 2014. It was noticed that frequent advances were given without adjustment of previous advances and these advances remained unadjusted till August 2016. Further scrutiny revealed that advances amounting to Rs. 6.085 million (40%) outstanding against 13 persons were unadjusted for more than 1–5 years and advances amounting to Rs. 9.108 million (60%) taken by 66 persons remained unadjusted for more than 5–22 years. Scrutiny also disclosed that 4 persons were dead, 19 were retired, 54 were working in universities/offces beyond the jurisdiction of VKSU and the remaining 2 were working in VKSU, and advances of Rs. 461,000, Rs. 3.991 million, Rs. 9.585 million and Rs. 1.156 million respectively were outstanding against them. Records (December 2014) of Lalit Narayan Mithila University (LNMU), Darbhanga and follow-up audit (April 2016) disclosed that an amount of Rs. 3.6 million was advanced to 36 persons for examination purposes from 1972 to October 2009, but these advances were unadjusted till August 2016. Out of this, advances amounting to 173

FINANCING OF HIGHER EDUCATION

Rs. 144,000 (4%) outstanding against two persons were unadjusted for a period ranging from 5–10 years and the remaining advances of 16.7 million and Rs. 2.5 million for paper setting, answer book evaluation, practical/viva-voce examination, exam center expenses, remuneration for examination, contingency expenditure, etc. remained unadjusted.Rs. 347,100 (96%) taken by 34 persons remained unadjusted for a period ranging from 15 years to 44 years. Scrutiny further disclosed that out of this, 34 persons were dead and 2 were retired, with advances of Rs. 2.878 million and Rs. 738,000 respectively being outstanding against them. On this being pointed out, the Registrar, VKSU, Ara replied (September 2016) that letters were issued to the defaulting offcials (August 2016) to deposit the outstanding amount within a month, failing which the amount would be recovered from the amount of pension relief of those who had already retired or who were working outside the university. Necessary legal action would be taken if the same was not adjusted within the time stipulated. The Registrar, LNMU, Darbhanga stated (August 2016) that neither any adjustment or recovery was affected to date nor the same was possible as the persons concerned were not alive. Thus, the failure of the universities to adhere to the provisions of the BSU Act, a lack of monitoring, weak internal control and the inaction of the authorities of VKSU and LNMU led to an accumulation of unadjusted advances of Rs. 1.88 million against 115 persons for a period ranging from 1 to 44 years. The matter was reported to the government (June 2016) and a reminder was issued (July 2016), but a reply is still awaited.

Pension There were no pensionary benefts available to the employees of the universities, but later on, statutes for the grant of retirement benefts to employees of Bihar/Ranchi/Bhagalpur/Magadh/L. N. Mithila/ K.S.D. Sanskrit University was approved by the Hon’ble Chancellor on November 18, 1980 and provided for three schemes. The frst was a General Provident Fund-cum-Pension-cum-Gratuity Scheme, the second was a Contributory Provident Fund-cum-Gratuity Scheme and the third was a Contributory Provident Fund only. The same came into effect from November 14, 1980. The statutes provided that within 3 months of its coming into force, the option had to be exercised which was to be fnal. There are large number of cases where the employees’ pensions were not fxed immediately after retirement. During a feld visit, it was also mentioned that employees have to face a lot of obstacles in getting their pension. Pension benefts are withheld on fimsy grounds. There was one instance in which the Pro Vice Chancellor of a university was denied a pension, and relief was granted through the order of the court (Dr J. P. Singh vs. The State of Bihar & Ors, 2017). As there are

174

FINANCING OF HIGHER EDUCATION

large number of pending cases in the court, the state government and offce of the Chancellor are issuing instructions to the universities.2

Financial Issues Resolution In a meeting between the Financial Advisors and Finance Offcers of the universities of Bihar and the Chancellor’s Offce, the following issues were raised that sum up the fnancial scenario of the universities.3 1. Status of submission of Utilization Certifcate: Utilization Certifcate for funds received from the state government, RUSA and UGC from various universities, except one, has not been properly submitted. 2. The concern was expressed that without audit there is every likelihood of the embezzlement of funds. Universities were asked to request that the AG Offce, Bihar to conduct an audit. 3. Pay verifcation for teaching and non-teaching employees: It was noted above that pay verifcation for teaching and non-teaching employees was being done at state government level as it was feared that there may be irregularities in pay fxation. It was reported that the pay verifcation for teachers is almost 75% done but pay verifcation for nonteaching employees is very slow. Accordingly, instruction was issued to get the verifcation done by November 2018. 4. Updating of cashbook: It was reported that non-updating of the cashbook violates fnancial discipline and hence should be completed. 5. Payment of retrial dues: Instruction was issued to hold pension adalat (court) every month to address the grievances of pensioners. They were also instructed to ensure payment of retiral dues on a priority basis. 6. Payment of salaries on time: There is a delay in the payment of salaries to employees even after the grants have been received from the state government. The delay in the payment of salaries needed to be minimized by prompt action. 7. Purchase through GeM: GeM is the government portal. All requests for purchases have to be through the GeM. Universities were directed to ensure payment through the GeM. The above issues are matters of concern and effciency in the management of fnancing needs to be ensured by proper training, bringing transparency and using technology. If, for example, utilization certifcates are not submitted properly, the universities will be denied further installments and work may be adversely affected. For example, in the case of RUSA, funding for the main share of 60% approved under RUSA was of the order of Rs. 157.44 cr. In many cases, utilization certifcates are not submitted properly and hence releases were only Rs. 31.426 cr. in the 4 years from 2013–01 to 2016–17.

175

FINANCING OF HIGHER EDUCATION

Conclusion To conclude our observations on the public fnancing of higher education in Bihar, the following may be noted. The percentage of the education budget to aggregate expenditure is higher in Bihar than in comparison to all states. The percentage of education budget as a proportion of SDP in Bihar is also higher than in all states. Though the percentage of expenditure on higher education in comparison to primary and secondary education is low, the real per capita student expenditure is going up relative to SDP. The Bihar government is showing budgetary commitment to education expenditure. The problem arises when normalization is made both for expenditure and SDP in per capita terms. This is where we can say that a falling proportion of expenditure on education or higher education in per student terms relative to per capita SDP is an indication that government is investing in higher education but not suffciently so as to increase the ratio of expenditure per student to SDP per capita (see Figure 7.6, Appendix III, Table III.9). With respect to the management of fnancing, there are a few gray areas. Pension benefts are delayed to the employees. Salary payment is delayed quite often. It has been the practice to pay salaries through the treasury. As far as RUSA funding is concerned, the delay in the submission of utilization certifcates has adversely affected the central grants to the state-funded universities. State fnancing to students through the student card scheme is the state initiative of granting loan to the students. Self-fnancing courses are on the rise. The audit report points out certain irregularities in the nonadjustment of advances. The implementation of GeM in the purchase of goods needs to be made universal practice. Hence, effciency of fnancing needs to be addressed through technological integration.

Notes 1 See the letter of Government dated January 3, 2019 available on http://www. educationbihar.gov.in/LetterPdf/04Jan201961212.pdf accessed on October 26, 2020. 2 See the letter dated 25th July to set up pension cell in the university by the offce of the Chancellor, available on http://www.governor.bih.nic.in/ORDER/ BSU(DIRECTIVES)%2025-2016-1368.pdf 3 See the proceedings of the meetings held on September 6, 2018 available on http: //governor.bih.nic.in/ORDER/Proceeding%20of%20the%20meeting%20of% 20Financila%20Advisors%2006092018.pdf accessed on October 26, 2020.

References Bihar Economic Survey (2019). Bihar Economic Survey 2018–19. Finance Department. Government of Bihar (p. 335), Patna. http://fnance.bih.nic.in/Reports/EconomicSurvey-2019-EN.pdf accessed on October 26, 2020.

176

FINANCING OF HIGHER EDUCATION

Dr J. P. Singh vs. The State of Bihar & Ors. (May 22, 2017). In the High Court of Judicature at Patna. CWJC No. 14765 of 2015. https://indiankanoon.org/doc /5435874/ accessed on October 26, 2020. Dr Kedar Nath Pandey & Ors. vs. The Magadh University Bodhgaya … (15 January, 2015). In the High Court of Judicature at Patna. CWJC No. 7636 of 2014. https://indiankanoon.org/doc/52027882/ accessed on October 26, 2020. Prof. (Retd.) Janardan Prasad … vs. The State of Bihar & Ors. (May 16, 2018). In The High Court of Judicature at Patna. CWJC No. 17172 of 2016. https:// indiankanoon.org/doc/29093972/ accessed on October 26, 2020. Shyam Kishore Sharma & Ors. vs. The Magadh University & Ors. (January 20, 2015). In the High Court of Judicature at Patna. CWJC No. 8882 of 2014. https://indiankanoon.org/doc/127174541/ accessed on October 26, 2020.

177

8 STUDENTS’ EXPERIENCES

Students’ satisfaction is the ultimate objective of the governance of higher education. Hence their experiences of studying in higher education are of the utmost importance. This is of importance because the massifcation of higher education is leading to a new group of students, particularly frstgeneration learners, into the institutions of higher education. What is the gender distribution and social group distribution in the enrollment subjectwise? Colleges are overcrowded and there is a demand for investment in resources. How are institutions coping, and what are students’ experience of the teaching–learning process? Private colleges are mushrooming and students are getting admitted to those private institutions. What is the degree of satisfaction of those students? How is the shortage of teachers affecting teaching–learning and what are the experiences of students? Further, it is also of importance to understand the role of the students’ union on campus and students’ responses to it. The access and equity dimension of higher education in the state is analyzed from the information obtained from AISHE, 2017–18 unit level data (MHRD 2018). Students’ experiences are analyzed on the basis of interviews and focus-group discussions.

Access and Equity Enrolment: Subject-Wise As per AISHE, 2017–18, the total enrolment of students in higher education in Bihar is 14.61 lakhs. This is estimated enrolment on the basis of reported1 enrolment in AISHE. From the unit level data, we have retrieved the reported enrolment. As per the reported enrolment, the total number of students in higher education is 12.69 lakhs. It is important to note that out of 12.69 lakhs enrolment of students, 81% enrolment is in government institutions and 13% enrolment is in private institutions of higher education, which is quite low in comparison to the all-India average. 178

STUDENTS’ EXPERIENCES

In government institutions overall, the highest enrolment is 59.5% in the arts, humanities and languages and social sciences taken together. The percentage enrolment in science, commerce and all professional disciplines taken together is 25.4%, 7.7% and 7.6% respectively. It is important to note that in the arts, humanities and languages and social sciences, female enrolment is 65% of total female enrolment, as opposed to 55.5% male enrolment of total male enrolment. In commerce, science and professional disciplines, the percentage distribution of females fall short of that of males (Table 8.1). Level-Wise Enrolment Overall, the enrolment of male students as a percentage of the total in higher education is 58% and that of females is 42%. At an all-India level, males constitute 52% of total enrolment. It is interesting to observe that postgraduate (PG) enrolment as a percentage of total enrolment is signifcantly lower in Bihar in comparison to all-India average. Only 4.5% of total students are enrolled in the PG departments as opposed to 12.4% at the allIndia level. It is however encouraging to see that the percentage enrolment of females to total female in postgraduate courses (4.8%) is higher than the respective percentage enrolment of males to total males (4.4%). An important challenge of governance is to increase the overall enrolment of female students and to increase the overall intake of students at postgraduate level (Table 8.2).

Table 8.1 Discipline-Wise Percent Distribution of Enrolment in Higher Education in Bihar Discipline

All

Females

Males

Arts, humanities and languages Social science Science Commerce Education Agriculture and allied Engineering and technology IT and computers Law Management Medical Professional courses Grand Total

36.2 23.3 25.4 7.7 3.5 0.1 0.9 1.2 0.6 0.4 0.5 0.1 100

40.8 24.2 22.3 6.5 3.3 0.1 0.4 1.1 0.4 0.4 0.4 0.1 100

32.8 22.7 27.7 8.6 3.6 0.2 1.2 1.3 0.8 0.5 0.5 0.1 100

Source: Calculation from Unit Level AISHE, 2017–18.

179

STUDENTS’ EXPERIENCES

Table 8.2 Level-Wise Percentage Distribution of Enrolment Total

Bihar All India

Females

Males

PG

UG

PG

UG

PG

UG

4.6 12.4

95.4 87.6

4.8 13.7

95.2 86.3

4.4 11.2

95.6 88.8

Source: Calculation from Unit Level AISHE, 2017–18.

Table 8.3 Subject-Wise Percentage of Enrolment  

M

F

Total

Agriculture and allied Arts, humanities and languages Commerce Education Engineering and technology IT and computers Law Management Medical Professional courses Science Social science Grand Total

68 52 64 59 80 63 75 63 62 55 63 56 58

32 48 36 41 20 37 25 37 38 45 37 44 42

100 100 100 100 100 100 100 100 100 100 100 100 100

Source: Calculation from Unit Level AISHE, 2017–18.

There have not been many changes in the nature of subjects that women are studying. Female students are seeking admission in areas that have been traditionally considered women’s forte, like the arts, humanities and languages and the social sciences. However, courses like agriculture, commerce, science, engineering and tech, IT and computer, law, management and medicine still continue to have higher percentage of males than females (Table 8.3). Social Group Enrolment Subject-Wise The percent enrolment of general category students is higher in almost all subjects in the postgraduate department. Overall, 48% students from the general category are enrolled in postgraduate courses. Students from OBC share 39.6% postgraduate enrolment. The Scheduled Caste students share 10.6% enrolment. At the undergraduate level the percent distribution of enrolment is quite a contrast to the distribution of enrolment. Overall, 40% students from the general category are enrolled in undergraduate courses.

180

STUDENTS’ EXPERIENCES

Table 8.4 Social Group Enrolment Subject-Wise: Postgraduate (Percent) Row Labels (PG)

General

SC

ST OBC

Total

Agriculture and allied Arts, humanities and languages Commerce Education IT and computers Management Medical Professional courses Science Social science Grand Total

61.8 60.3 44.7 48.2 41.0 51.5 57.6 43.6 50.6 46.4 48.8

11.8 7.3 10.6 12.3 7.8 6.2 14.5 7.5 9.1 12.3 10.6

0.0 1.1 1.0 1.5 0.3 0.2 2.5 0.0 0.8 1.0 1.0

100 100 100 100 100 100 100 100 100 100 100

26.5 31.4 43.7 38.0 50.9 42.1 25.4 48.9 39.5 40.3 39.6

Source: Calculation from Unit Level AISHE, 2017–18.

Table 8.5 Social Group Enrolment Subject-Wise: Undergraduate (Percent) Row Labels (UG)

General SC

ST

OBC

Total

Agriculture and allied Arts, humanities and languages Commerce Education Engineering and technology IT and computers Law Management Medical Professional courses Science Social science Grand Total

41 39 49 39 33 49 51 54 54 45 41 36 40

1 2 1 3 2 1 1 1 3 1 1 1 2

42 47 41 45 47 45 36 39 33 45 47 50 47

100 100 100 100 100 100 100 100 100 100 100 100 100

16 12 9 13 18 6 12 6 10 9 11 12 12

Source: Calculation from Unit Level AISHE, 2017–18.

Students from OBC share 46% of undergraduate enrolment. The enrolment of SC students in percent terms is also higher at undergraduate level at 12% in comparison to postgraduate level. Hence an important challenge of governance is to increase the share of SC and OBC at the postgraduate level (Tables 8.4 and 8.5).

Analysis of Students’ Experiences2 It is important to note the method of data collection in understanding students’ views on some aspects of the governance of higher education in Bihar. I personally visited colleges and university departments (Table 8.6). Four colleges

181

STUDENTS’ EXPERIENCES

Table 8.6 List of Colleges and PG Departments of University Visited During Field Study Sl. No. College 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.

G.B. College Naugachia S.M. College Bhagalpur M.M. College Bhagalpur B.L. Sarraf Commerce College, Naugachia PG Department Chemistry C.M. College Darbhanga G.D. College Begusarai R.B.S. (Ram Bilas Singh) College Teyai Marwari College, Darbhanga R.D.S. College Muzaffarpur L.S. College Muzaffarpur PG Department Chemistry Vanijya Mahavidyalaya PG Department Economics

University

Management

T.M. Bhagalpur Univ. T.M. Bhagalpur Univ. T.M. Bhagalpur Univ. T.M. Bhagalpur Univ. T.M. Bhagalpur Univ. Mithila Univ.

Constituent

Mithila Univ. Mithila Univ. Mithila Univ.

Dates Visited

July 23–24–25, 2018 July 23–24–25, Constituent 2018 Private minority July 23–24–25, 2018 July 23–24–25, Private 2018 Constituent unit July 23–24–25, 2018 July 23–24–25, Constituent 2018 Constituent July 26–27–28, 2018 Private July 26–27–28, 2018 Constituent

Online

B.R.A. Bihar Univ. Constituent

July 27–28, 2018 B.R.A. Bihar Univ. Constituent May 11–12, 2017 B.R.A. Bihar Univ. Constituent unit July 27–28, 2018 Constituent Patna Univ. Online Magadh Univ.

Constituent unit Online

and one PG department in each university were randomly selected in fve universities. The heads of institutions were informed. However, there were positive responses from 14 institutions. Out of 14 institutions, 11 were constituent colleges and units of university and 3 colleges were private. The author visited 11 colleges and PG departments and, in the three remaining colleges, online personal interviews with students were held. Focus-group discussions and interviews with students were conducted in 11 colleges and PG departments where the author visited. It was also decided to have focusgroup discussions with students who had completed undergraduate studies at universities in Bihar and were admitted at postgraduate level or completed postgraduate courses at Jawhar Lal University, Delhi. Analysis of students’ views are presented under the following themes.

182

STUDENTS’ EXPERIENCES

Family Background and Governance Support System It is important to note that the higher education experience of a student is affected by their parents’ caste, education and income. Zenal, who comes from an uneducated family and from a lower social and economic background, fnds it diffcult to choose a college. She suffers from a lack of motivation towards study. As a result, she abstains from attending class. She ends up in a private college for undergraduate study and after gaining almost no knowledge over the three years that she has been studying, she gets an opportunity to join a postgraduate department of a university where, with all the diffculties of a shortage of teachers, she fnds a much more encouraging environment. Chunchun successfully completed his MA in political science from JNU. He recalls his graduate experience at a premier college in Bihar. His father was in heavy debt and refuses to fnance him for the higher studies. When he approaches the college authorities for admission to the hostel, he is denied the application on the grounds that he belongs to a lower social background. Hence, he leaves town and searches for a job in Delhi and fnances the family to pay off the debt. There are many such students who are compelled to earn to support their family. Prasun Chandra reported that students are unaware of the choice of the college after passing out the intermediate. Many students disinterested in studies have a common goal of preparing for competitive examinations and seeking admission in colleges just for the sake of a degree. They underestimate the value of the bachelor program which they continue simultaneously. The compulsion to earn to support the family and preparing for competitive examinations along with the lack of a good teaching–learning environment turn out to be major reasons for student absenteeism. Without suffcient information, students end up being admitted to fake colleges and their future is uncertain. With respect to centralized online admission, students reported their experiences as not very unsatisfactory. Many students join private colleges because the intake of students is limited in constituent colleges. There is an important challenge in governance to create a suffcient support system for frst-generation learners who usually belong to lower social and economic classes and suffer from multiple disadvantages. They lack money, motivation and an adequate support system to pursue higher education. There are scholarship and loan schemes offered by the government. However, these do not reach students of lower caste, education and income. In the governance of higher education, such students need to be properly counseled with respect to their choice of college and subject. It was suggested by students that with respect to the choice of a college at university level there should be a student Mela (Fair) where academic and administrative personnel from the university should give lectures and have discussions with students regarding their choice of college and subject. Some type of fnancial support system also needs to be built for needy students at 183

STUDENTS’ EXPERIENCES

both university and college level. Every college must have a counseling cell where regularly students are counseled. Students were also of the opinion that there should be proper transport facilities for students who come from nearby places. Hostel facilities will provide an advantage for students who come from far off places. Student absenteeism is also a complaint made by students who regularly attend classes. They either do some menial job or loiter around or join a coaching institute where regular classes are held. Unless such students understand the value of the bachelor program, they may perhaps be not motivated to attend classes. Hence college authorities must ensure that regular classes are held. The university should supervise all colleges on a daily or weekly basis to ensure effective teaching. Teaching–Learning Process Students have varying teaching–learning experiences in different colleges and university departments. In some of the premier colleges, which are the constituent units of the university, students reported that teachers usually come to classes in spite of student absenteeism. Some serious students regularly attend classes and get guidance from teachers. Santosh completed graduation in Geography from X college, a constituent unit of Patna University, during the session 2016–19. He reported that 100% of the syllabus was completed with the help of research scholars due to the shortage of teachers. There are some not so well-established constituent colleges where classes are also held in spite of the shortage of teachers and the low attendance of students. Priya, a student of economics from Y College, Bhagalpur, reports that out of 200 students enrolled in her class, almost 60 students attend regularly. As far as subsidiaries are concerned, students do not take them seriously, and as some of the classes are held in the afternoon, students abstain from the class. However, most of the students reported that classes are not held in most of the private colleges. Sunil narrated the experience of a college in Hazipur where barely 9%–15% classes were held. Sagar from Dumrao in Bihar reported that there was a regular attendance of 5 or 6 students out of a batch of 120. Very few professors in the college would teach. Chandra informed us that in the private college near Gaya in which he had studied, there was absolutely no class held in any of the three years. Shashi, who studied the bachelor program in a private affliated college of Magadh University, also reported the same experience. Students do not attend classes. If there was one student, teachers refused to teach a single student. It may not be universally true that private colleges do not teach and constituent colleges do teach their students. However, it is the hard fact of academic management in universities and colleges in Bihar that the teaching–learning process is suffering from a serious crisis due to the shortage of teachers as well as the loss of academic culture. There seems to be hardly 184

STUDENTS’ EXPERIENCES

any connection between teaching and learning in most of the institutions of higher education, if not all. A student narrated that once they get admitted to a private college, they are destined to suffer from a poor learning experience. They have to rely on guess papers and non-standard textbooks. Some of them said that they completely rely on low quality guess papers and have never studied from a textbook. They get some guidance from their friends. A student also reported that the intake of students in a particular program is between 200 and 300. The infrastructure is so poor that there is no adequate space for the classes to be held. Sometimes even if a class is held, the teacher’s voice is not audible to those students who sit on the back benches. Barely any smart classrooms are provided. No ICT facilities such as Wi-Fi, computerized library or study room with computers are available in the colleges. They also reported that teachers teach through the chalk-and-talk method. Sometimes they dictate notes. In some exceptional cases, however, where classes are held regularly and there is full attendance, there is a proper teaching–learning experience. Even if classes are held in some of the premier colleges and maybe in low-ranked colleges, the quality of education is not so high. One prominent problem is that the syllabus is hardly updated. For example, in courses in such subjects as cyber security, web design, artifcial intelligence, Python and multimedia, the syllabus is not up to date. Visual basic is outdated. There is a big issue of students having to have an attendance of 75% in order to appear at examination. There are again varying experiences. In private colleges, students do not know how this requirement is met. Perhaps in spite of the absenteeism of students, all of them are issued admission cards to appear at examination. In another college it was reported that the 75% mandatory clause on student attendance is manipulated with the help of offcials of the college. In yet another college it was said that if there is a shortfall in attendance, extra classes are held to make up for the defcit in attendance. In one of the premier colleges, it was reported that in a regular course there is an attendance of only 30% of students in the college whereas students are very attentive in vocational courses such as BCA, BBA, microbiology and BMC run by guest teachers. Ineffective teaching–learning forces students to join coaching institutes which are also taught by guest faculties and teachers. They said that colleges in Bihar are degree mills. Teaching–learning is the fundamental issue that needs to be ensured in any educational institution. If the teaching–learning process is not happening in many colleges then the sole objective of governance to impart knowledge is not fulflled. Examination In almost all postgraduate departments, a semester system has been adopted. Internal evaluation has 30% weightage and external evaluation has 70% 185

STUDENTS’ EXPERIENCES

weightage. A semester system is gradually being adopted in the three-year bachelor program. It was reported by a student from Patna University that the semester system is better than an annual system of examinations. The syllabus is completed on time. In the internal assessment of 30 marks, one seminar is held and a common intelligence assessment is conducted in which two questions out of four questions are to be answered. Teachers teach topic-wise and students are immediately assessed in an internal examination. However, many students reported that there is a liberal marking in the internal assessment. It is indeed surprising how marks are awarded in the internal assessment where a teaching–learning process barely takes place. As far as the term-end examinations are concerned, students reported that they continue for months, and during those periods, classes are suspended due to the lack of rooms. In the external evaluation, many teachers are engaged for weeks. During this period, teachers are on academic leave as they have to go to the university headquarters to check the answer papers. The situation is similar when teachers are engaged to conduct practical examinations outside their own college. The whole administration becomes busy during the examinations, and academic work is completely suspended if the center of examination is a particular college. In the external examinations, the majority of students reported that there is widespread use of unfair means. In some of the colleges, unfair means are restricted by the college authority. In the external evaluation process, answer papers are examined centrally. It is indeed surprising that in a spite of the low quality of teaching–learning, frst-division marks, 60%, are obtained by many students. One of the reasons for the high percentage of marks is that there is a liberal evaluation in the internal assessment. Prasun said that he could manage to obtain a mark of 60% without attending classes. His case certainly indicates the fact that the examination system has become a farce in which the administrative machinery at the college level and at the university level spends most of its time. It is almost like the no-detention policy usually followed in primary classes. The much bigger problem is that of a delay in the academic session due to the delay in the publication of results. Ranjit, who was admitted in May 2017 in the frst year of a Bachelor program in journalism, appeared at examination during April 2019, and the result had not yet been published by July 2019. Students noted that they hugely suffer from such delays as they waste a year or even two. They are deprived of admission outside Bihar to some of the premier institutions. Many instructions are issued by the higher authorities to conduct examinations on time. However, universities fnd it diffcult to regularize the sessions, except of course in some of the universities. Much of the higher education governance is reduced to conducting examinations that are not held on time.

186

STUDENTS’ EXPERIENCES

Private Colleges The experience of students studying in private colleges deserve serious attention. Out of four students who left Bihar during and after graduation attempting JNU entrance examination, two students completed their graduation from a private college. Moreover, all four students studying at the postgraduate department in Magadh University completed their graduation in private colleges. They reported that almost no teaching takes place in such institutions, except maybe a few. They said that examinations are also a hoax. They informed us that such private colleges do not serve the purpose of imparting knowledge. The students feel frustrated during and after their undergraduate experience. They realize it only afterward when they search for a job or go for higher studies. They said that many such fake colleges should not only be closed down but locked and public announcements should be made about the closure of such colleges. They said that teachers are incompetent and cannot teach the subject. One of the students reported that 40% of the students in his college were housewives and persons already working. Their aim is to get a degree. However, the rest of the students are from lower socio-economic background. Many of them aspire to a good life. They somehow have a feeling that higher education will help realize their dreams. Their dreams are destroyed and many of them migrate outside the state, either in search of a job or in search of higher studies. Those who leave the state do not want to return as the state offers little opportunities in terms either of jobs or higher studies. There is no harm in saying goodbye to those private institutions where hardly knowledge is imparted. Students also reported that they have little faith in the state government correcting the mismanagement of higher education – either by closing down the private colleges, or reviving some of the viable colleges. This lack of faith had been strengthened because this phenomenon has been continuing for over three decades. In spite of the political stability, there has been no remedy. Unfounded Hope Amidst all the uncertainty, there is unfounded hope among the students. Aashish is doing a Ph.D. in L. N. Mithila University, Darbhanga. He aimlessly pursued higher education for almost 12 years, and in the following year, when he is expected to complete his doctorate and reach the last mile, he is hopeful of some unexpected achievement. It is diffcult to know why he completed law examination if his aim was to do the doctorate in economics? Jawahar is, however, satisfed with the supervision in the Economics department in spite of losing two years of higher studies.

187

STUDENTS’ EXPERIENCES

Perhaps hope is raised to a great height when there is a situation of hopelessness. Will the student get a job in teaching or research outside the state? Perhaps not. Will he get a job in teaching or research in the state? It is highly uncertain. He may, however, get a teaching assignment as a guest teacher, as the policy of the state government is to make large-scale appointments of guest teachers in the universities. There was another student, Ratan, who was studying for a BA part two in economics in X college, Bhagalpur. She said that she is quite a regular and punctual student at the college. She attended all the three classes in a week in macroeconomics and all the three classes in a week in Indian economy in part one. Surprisingly, she has no friends at college. She attends classes, sometimes talks to the teacher whenever she has a question, and then, as she is lonely, escapes from the college. She reported that although the college conducts many events, she has not so far been able to participate. She had a great interest in studying biology, but under the pressure from her family, she took arts subjects. She is completely determined to complete her education and stand on her own feet. She doesn’t want to be a burden on society. There are thousands of such students with their own dreams. They have unfounded hopes. Will their hopes be realized within the higher education that exists in Bihar? Many such unfounded cases of hope amidst uncertainty are the results of the agency of students who are frm in their aims to achieve their life plans. Sometimes the agency of an individual may allow them to overcome the barriers imposed by the structure. If, however, structural limits are overcome, many such individuals may develop capabilities to achieve their life plans as well. Students’ Union Pursuant to the order of the Supreme Court dated December 2, 2005, MHRD had constituted a committee under Shri J. M. Lyngdoh to examine the student body and students’ union election and to make recommendations. The committee submitted its report on May 26, 2006. Thereafter, the Supreme Court directed that recommendations of the committee be implemented. The MHRD in a letter directed all the universities to comply with the court order by holding elections. There were some conditions that were put in place for holding the elections. For a unitary campus university, there may be one student body. However, for an affliating university there may be two student bodies – one at the level of university and another at the level of every college (see Government of India letter DO no. F 9-6/2005-U-5 available on https ://www.ugc.ac.in/pdfnews/2892831_Recommendation-of-the-Committeeaccepted-by-the-Honble-Supreme-Court.pdf). The UGC has sought a report from the universities on the students’ union elections.

188

STUDENTS’ EXPERIENCES

While students' union elections had not been held for a long time in the state, compliance with the Supreme Court order was required. The order of the Supreme Court was supported by students, who wished to exercise their democratic rights; it was not supported by the administrators and majority of teachers who had always, from past experience, considered this as politicization of education, vitiating the academic atmosphere in universities and colleges. In a state like Bihar, the experience was that the students’ union election itself was fought using coercion and involved law and order problems. Moreover, the students’ union often used violent means, strike and protest, etc., which was not liked by the administrators. However, those in favor of the democratic rights of students always supported the students’ unions in the colleges and universities. In 2018, new draft statutes for students’ unions in the universities of Bihar were prepared (Universities of Bihar, Draft Statutes of Students’ Union, available on http://www.brabu.net/notice/Revised%20Statutes %20Students%20Union%20Election.pdf). This was done along the lines of the Lyngdoh Commission report. The government has been showing a keen interest in student bodies. The argument has been to democratize higher education with the student bodies in the colleges and universities. It seems there is some sort of political activism on the part of the government to encourage students’ union elections in a year prior to the Parliament election in 2019.

Focus Group Discussion and Interviews L. N. Mithila University, Darbhanga Rohit, a Ph.D. student in Economics, was admitted in 2016. He was enrolled in BA in economics during 2007–10. During the graduation, classes were not regular, and statistics was taught with the help of a teacher from the commerce department. Having lost one year, he was admitted to the MA in economics in the session 2010–12, which he completed on time. This, he said, was so because Pranab Mukherjee, the then President of India, visited the university. He completed a three-year program in four years from 2012 to 2016. Since then, he has been admitted to a Ph.D. program in Economics. His experience of the Master’s program during 2010–12 was satisfactory, with classes being held and examination results published in a timely manner. The transition from the annual system of examinations to semester system led to liberal marking. Students usually get a very high score in the internal assessment of 30 marks in the semester system. Usually, the difference between marks in the annual system and marks in the semester system is 10%–20%, being higher in the latter. This marked difference puts students coming out of the annual system at a disadvantage in the job

189

STUDENTS’ EXPERIENCES

market. He felt happy that a teacher who studied in J. N. U. is guiding him in his Ph.D. It is important to note that coming from a family in which father works in the education department is a source of high motivation for the student. The student lost one year during his bachelor program and then he was admitted in law. He is not interested in taking up a career in law. Therefore, he spent four years without any direction. Even if he completes his Ph.D. by the year 2020, after spending 13 years of his life in higher education, is there any hope that he can get a job? At least 4–5 years of his life during higher education seem to have been wasted. Jawahar is a Ph.D. student in the X Department of L. N. Mithila University, Darbhanga, having been admitted through the Bihar Ph.D. Admission Test (PAT). He completed his graduation in the session 2009–12 and postgraduation in the session 2012–14, and he was admitted to the Ph.D. program in 2016, having lost two years in continuous studies. He belongs to the SC category. He feels grateful that he did not suffer from caste discrimination. In terms of his experience, he feels that gone are the days of overt discrimination. Earlier during his graduate days, however, he used to observe a caste-based bias in the marking of answer papers. This he attributes to a change from the annual to the semester system of examination. How this happened is not clear. Is it that the semester system has led to more transparency in the results? He is happy about the incorporation of Dalit literature and gender studies in the university. In spite of the fact that personally he is not a victim of caste-based discrimination, he is not happy over the prevailing scenario in terms of bringing UGC (Promotion of Equity in Higher Educational Institutions) Regulations on to the feld. In particular, sensitization to the issue of the relationship between general students, faculty and administration with SC/ST students is required. He suggests that this could be achieved through wider awareness in the institution and among the public in general. In the admission process, the problem occurs at the PG level. There is a centralized admission system in the university. The counseling process is time-consuming and exhausting since the process of admission for all 24 departments takes place collectively in an administrative block which is 2 km away from the students’ respective departments. The long queue and intricate offcial process creates a lot of problems for students, especially female students who come from far off places. At present, there are four teachers in X department. The problem of the lack of teachers is solved by giving classes to JRF students. During the time he was studying for his Master’s (2012–14), an outcry among students due to the lack of teachers pressurized the administration to invite teachers from nearby colleges to take their classes. The Bihar government’s new education policy to admit girls and SC/ST up to postgraduate (PG) level without fees in colleges and universities in 190

STUDENTS’ EXPERIENCES

Bihar is not implemented in many universities and colleges. Some colleges and universities are passing through a critical phase of fnancial hardship as the government has failed to reimburse the colleges and universities for the subsequent loss of revenue. Further it was revealed that non-exemption of fees to SC/ST and female students has led to a decrease in enrolment of female students in PG courses. Till 2017, nominal fees were charged from students; however, now they have to pay approx. Rs 2,500 per semester, which adds up to Rs 10,000 over the two-year PG course. The unaffordability of fees has deprived many students, especially female students, of the chance to pursue higher education. Magadh University Chandra is presently studying on a postgraduate program in labor and social welfare at Magadh University. He passed out of the graduate program in sociology from X evening college. He was a 2013–16 batch student. The result was delayed by 3–4 months. Still, he was admitted to an MA in Labor and Social Welfare (LSW) in the session 2016–18. He is afraid that the third semester exam result will not be declared till August 2019. He may lose two years in completing the postgraduate program. He informed us that in the private college in which he studied, there was absolutely no classes in all the three years. He did not know about this before, but after being admitted he had no alternative but to continue the bachelor studies program. He is frmly of the opinion that such private colleges should not only be closed down but also locked, and people should be informed properly. He reported that in 2018 the affliation of colleges was cancelled. During the three-year period, he joined P S Academy for preparation for the Staff Selection Commission (SSC), banking and other job/s. Most of the students from disadvantaged categories join colleges for the sake of getting a degree and prepare for competitive exams. He never studied a single textbook during his BA. The whole source of information was from guess papers, which he used to pass the examinations. According to him, almost 60% of the students are 30 years old and above. Who are they? They are all already working in a private-sector job and need a degree for the sake of promotion. They are also housewives who get admission for the sake of getting a degree. Such private colleges are ruining the future of their students. He said that he never met any teacher during his BA program. He either met the Principal or the clerks of the college. Unless the government takes stern action against the private colleges, the situation will not improve. He found a sudden transformation when he was admitted to the postgraduate program of LSW at Magadh University. He understands the importance of the program and the job opportunities and feels satisfed with the teachers, who support their students. 191

STUDENTS’ EXPERIENCES

Shashi Vishwakarma, a student of the postgraduate program in LSW from Magadh University who has studied the bachelor program in M. S. Y. College, Gaya, a private affliated college of Magadh University, also reported the same experience. Students do not attend classes. If there is only one student, teachers refuse to teach a single student. Many students come from low income groups and they have part-time jobs. Admission in colleges is just for the sake of getting a degree. They also prepare for competitive examinations. Preparing for competitive examinations, Shashi used to come every day from his village, a distance of 20 km. Being the son of a farmer, the payment of Rs. 5,000 to the coaching institute was burdensome. He feels a sudden transformation in the postgraduate department where regular classes are held. He would like to have access to a good hostel or transportation facility. Zenat is studying for an MA in economics in the fourth semester in Magadh University. She also studied in Y college. She said that there is no-one in her family who is educated. She had no interest in studying. She never went to the college during her BA program. When she joined Magadh University in the postgraduate department, she felt like ‘kure se Bahar nikalkar aai hun’ (she had come out of the dustbin). She said that in the postgraduate course, teachers started with the basics. When I asked her what a multiplier is, she said wrongly K/Y. The correct answer is change Y/change K. I was rather surprised that she could even approach the answer in terms of symbols. She expressed that unfair means spoils the student. Their future is destroyed, and teaching is in really bad shape in such private colleges. Roshan also had the same experience of a graduate program in a private college of Magadh University. Students suggested that admission to a private college is a compulsion. Due to the shortage of constituent colleges, after passing the intermediate level, many students are compelled to attend a private college. He suggested that the government should improve the infrastructure and increase the number of teachers in constituent colleges. The students take admission in such colleges also because of a lack of knowledge. He was of the opinion that universities should hold a one-day workshop for all intermediate passed students and enlighten them about their careers and choice of college. They said ‘Bihar ki Asmita shiksha ke karan khatare mein hai’ (The identity of Bihar is in danger due to the poor quality of education). Patna University Vats is a student of B. Com. at X college, Patna University. He studied B. Com. in the session 2015–18. He got admitted through an entrance test. There is regular attendance. If a student falls short of 75% attendance, extra classes are held to make up for the attendance. Then only will admission cards for examinations be issued. On a scale of 1–100, he was 90% satisfed. He found only one or two teachers who had diffculty in English pronunciation. 192

STUDENTS’ EXPERIENCES

However, he reported that in a class with around 200 students in one session and no mic system, the voice of the teacher is inaudible. M. Com. classes were disrupted for some time due to elections. Hence the examinations were conducted after a delay of two months. He said that the semester system is better than an annual system of examination. The syllabus is completed on time. In the internal assessment of 30 marks, one seminar is held and a common intelligence assessment is conducted in which two questions out of four questions are to be answered. Teachers teach topic-wise and immediately assess the students in an internal examination. Bhagalpur University Ratan is a student of BA part two in economics honors at X college. She joined in part one in July 2018. Her results had not been declared by August, 2, 2019, at the time of the interview. Hence, she is quite suspicious of delays in the session. There is still an annual system in place at the undergraduate level in Bhagalpur University. In her subject there is an intake of 300 students, out of which 60 attend classes regularly. No students take the subsidiary subjects seriously. She said that she is the only student willing to attend sociology class as a subsidiary subject. She was happy with the teachers as they were ready to answer questions after class in the staff room. She also reported that the syllabus was completed in the frst part. She referred to the disruptions in classes whenever examinations are being held in the college. She had no complaints about the centralized online admission system as she easily got the college of her choice. I was surprised to know that she has only one girl friend. The college, according to her, does not provide a social space where learning takes place through the sharing of mutual experience. She narrated her experience that her examination center was in Y college, Bhagalpur. She reported that there were no unfair means. A student was caught cheating and was handed over to the police. She also said that students do not come to class because they are preparing for jobrelated competitive examinations. She is averse to politics. She recalls how classes were suspended before the student elections as students came in large numbers, shouting slogans. She did not understand what was going on and was advised to go back home. She, however, accepted that since the student elections there has been no such untoward incident and the students’ union in the college is sensitive to solving problems, which get sorted out through the intervention of the Principal. Her only wish is that she will be able to complete her BA program on time and the session is not delayed. B. R. A. University, Muzaffarpur Ranjit was admitted in May 2017 to the Bachelor program in journalism at X college. This is a self-fnancing program. The frst-year examinations were 193

STUDENTS’ EXPERIENCES

conducted in April 2019 and the second-year exams are expected to begin in the early part of 2020. He is expected to pass out by the end of 2020. Thus, this session will be delayed by at least 6 months. He is dissatisfed with the delayed schedule of examinations. He informed me that 70% of classes are held in this course and his attendance at class is 63%. Why he is not regular in the class? He said that he belongs to a middle-class family and his home is 100–150 kms away. He has to go home for various reasons and this leads to irregularity in attendance. He further reported that in a regular course only 30% students in the college attend, whereas students are very attentive in vocational courses such as BCA, BBA, microbiology and BMC. In the vocational courses, the fees range from Rs. 6,000 to Rs. 10,000 in a semester. It was also noted that in a regular course, the fee is less than Rs. 2,000 per year. As far as the teaching–learning process is concerned, most of the vocational courses are run by guest teachers. Students regularly go to coaching for 3–4 hours, and students normally join coaching institutes which are managed by or taught by these guest faculties. There are only few teachers who also take classes in the coaching institutes. He said that ‘College degree deti hai aur padhai coaching se hoti hai’ (College provides the degree, but actual study happens at coaching institutes). For the year 2019–22, the fees charge is as follows: Rs. 12,000 in the frst semester and in all other semesters Rs. 10–12,000. The students further reported that by the time they join a postgraduate program, they are late by almost one or two years. Kanhiya took admission in July, 2016 in BCA and his examinations were conducted in December 2017. He was promoted to the second year in December 2018, and he is expected to complete the course by 2019. BCA being a vocational course, it was reported that session is regular whereas in most of the general courses, session is irregular. The student also reported that he takes coaching for one or two subjects in which he is defcient in the subject knowledge. He is a regular student and his attendance is up to 90%. Regarding the syllabus, he expressed his dissatisfaction. He noted that visual basic is outdated whereas visualbasic.net is new. So far, the had not incorporated VB.net. In the case of multimedia, he informed that there are many new devices which are not taught. These are expected to be incorporated from the session 2019–22. He also informed that in courses like cyber security, web design, artifcial intelligence and Python, the syllabus is not updated. Regarding his future prospects, he said that he wants to prepare for the National Institute of Technology Common Entrance Test (NIMSET) for admission to a Master’s in computer applications. However, for this examination, he has to leave his small town and go to Maharashtra for coaching for the competitive examination. He will have to pay Rs. 72,000 as a fee and almost the same amount again for accommodation and other expenses. His father is a primary school teacher and he is expected to get support from his parents to prepare for NIMSET. He will also be in search of educational loan once he gets the admission to MCA. He is not prepared 194

STUDENTS’ EXPERIENCES

to take up a job after BCA because he is not confdent that his degree will get him a decent job on the basis of knowledge gained. Hence, he wants to pursue higher studies. He expressed the opinion that the teachers are bona fde. He also reported that admission to the MCA regular program in a college is granted on the basis of centralized online admission at the state level, whereas entrance to vocational courses is done at the college level. The student was of the view that both for the general course and for the vocational course, the centralized admission test should be conducted at the level of the university. He said that marks should not be the basis of entrance as he was not fully satisfed with the credentials of the intermediate board examination. They informed that intermediate board examination does not have credential because teachers examine the answer script hurriedly. It was reported that some of the students who passed the IIT entrance test failed the intermediate examination. Hence, according to some students, intermediate examination as much as a degree examination at the level of a university is a farce. Avinash is a student of Zoology in his frst year. He was admitted through centralized online admission in June 2018 on the basis of marks. He also narrated a story of how teachers examine the answer papers and has no faith in the marking at the intermediate level. He explained that there was an incident in 2015 in which the topper of the board examination was charge sheeted for manipulating the answer script. Thereafter, for the next two years, there was an unwritten instruction that marking in the examination should be strict and as a result only 40% of students managed to pass the board examination. However, in 2019, the marking process was made liberal and almost 92% passed at the intermediate level. He is a Zoology student and he explains that there are hardly lab classes in the same room. There are theory as well as practical classes which are held in the same room. At the front of the room, there is the theory class, in which there is hardly 10–15% attendance, and in the back part of the room there is a laboratory class in which there is some demonstration given to the students by the teacher. If there is no microscope, then a microscope is borrowed from the Botany department. The student complains that in many regular classes, teachers do not come to class at the appointed time. He reported that on the frst two days of the week, only BA part one classes are held, on the third and fourth days, BA part two classes are held, and on the ffth and sixth days, BA part three classes are held. Each class is 2.5 hours long. The class is split into two because there is a serious shortage of teachers.

Experiences of Migrant Students Four students who left Bihar during and after graduation and who attempted the J.N.U. entrance examination narrated their experiences of studying in Bihar and their struggles at Jawahar Lal Nehru University, Delhi. 195

STUDENTS’ EXPERIENCES

Roshan, who attempted the entrance examination for an MA in J.N.U., did not pass. Where to pursue higher education? He doesn’t want to go back to Bihar for higher education even at the cost of a one-year loss. Living in a rented apartment at a rent of Rs. 6,500 per month and spending another Rs. 4,000 per month, he will prepare for next year’s entrance exam in JNU and spend time preparing for competitive examinations. He has a mandate from his father that he will continue to fnance him for another two years only. If he does not succeed in getting admitted to J.N.U., he perhaps will have no option but to search for a job. His father, a resident of Buxar, was posted in Hazipur. Knowing little about the place, the student felt choiceless and got admission in X college, Hazipur under B R A Bihar university in a BA in English in the session 2014–17. He had obtained a mark of 73% at intermediate level and would have had a better choice of college had he got some counselling. He reported that during three years of his bachelor degree, hardly 9%–15% of classes were held. He does not know how 75% attendance was met. The college authorities did not question him on attendance as regular classes were not held. Some of the students had been regularly attending classes in coaching institutes. A teacher did counsel him saying ‘Beta tumhara session sahi ho gaya,’ meaning your session is on time. He had got his marks in the year 2019 and in the same year he could not pass the entrance exam to J.N.U. Having lost two years and expecting one more year, and with no intention of going back to his home state he is clueless with regard to his future, although he is determined to work hard. His experience of two years of the bachelor program in Hazipur was without any direction and after a sudden realization that he was wasting his time, he felt disappointed and frustrated. He purchased books from the market, got some help from the seniors, passed his bachelor’s degree without any contribution to his intellectual growth from the college. Going through a periodic phase of depression, he expressed his determination. He has no alternative. He is not hopeful for any political solution to the problem. Sagar is a political science graduate from X college, Dumrao, Buxar in Bihar. He was admitted in the session 2011–14. As the exam results were announced in July 2014, he could not do the entrance test in 2014. After the loss of one year, he passed the entrance test in 2015 and joined the MA program in political science in the session 2015–17. He recalls his graduation days in X college in Bihar. There was regular attendance of 5–6 students out of a batch of 120. Very few professors in the college would teach. Generally, classes were not held. When asked how his time was spent, he reported that under the infuence of his neighbors, who were from a somewhat elite class, he had developed an interest in literature. He used to regularly go to a public library – Jyoti Prakash Memorial Library – where he picked up the habit of reading Hindi literature. He would go to the college only when there was 196

STUDENTS’ EXPERIENCES

some offcial work or examination. He said that there is complete lack of academic culture of teaching and learning. In his opinion, it is the fault of the government that the education system is not functional, at least in the college where he studied. Yogesh completed graduation in Geography from X college, a constituent unit of Patna University, during the session 2016–19. He reported that 100% of the syllabus was completed with the help of research scholars due to the shortage of teachers. However, there was the use of unfair means in the examinations. The guess papers are available in Hindi and not in English. Amit Kumar also completed graduation in geography from X college. He was satisfed up to 50%. According to him, the contributions of teacher towards the knowledge is only up to 20%–30%. There is a telling experience of another student. His name is Rohit. When he was admitted to X college, a constituent unit of B R A Bihar University, in the graduation program for history during 2012–15, he was denied access to a hostel because he does not come from the upper caste. He reported that application forms for hostels are not issued to the Dalit and OBC communities. He had to rent a house outside at Rs. 1,200 per month. With the meagre income from tuition, he was not able to sustain his studies. Hence, while enrolled in X college, he went to Delhi and got a job. With his income he was supporting his family in his village and was paying off a debt which his father had incurred. He worked in Delhi for three years and at the same time he would go back to Muzaffarpur in Bihar to appear at examination. The problem of 75% attendance for all three years was solved through bribery. He said that there was teaching in X college at least four days a week. However, he managed to obtain a mark of 60% without attending classes, using history books and guess papers. After graduation, he demanded money from his father who felt his inability to fnance. He further worked and studied for one year for the entrance examination for history in J.N.U. and passed it in 2016, successfully completing the course in 2018. He is at present trying for further entrance in to an M.Phil. but has so far not succeeded. All the students noted that it is a curse to study at undergraduate level in Bihar. They all are willing to pursue higher studies after completing their postgraduate program in J. N. U.

Conclusion As per AISHE, 2017–18, the total enrolment of students in higher education in Bihar is 14.61 lakhs. Of these students, 81% are in government institutions and 13% in private institutions of higher education. Female students constitute 42% as opposed to 58% male students. The intake of students at postgraduate level is much lower at 4.6% as opposed to enrollment at the all-India level at 12%. It is also important to note that the general category 197

STUDENTS’ EXPERIENCES

of students dominate at postgraduate level as compared to OBC. At the undergraduate level, OBC students have a larger share in enrolment as compared to general category students. Interviews and focus-group discussions reveal that students who come from diffcult circumstances into higher education face diffculty in the choice of a college. A lack of motivation and economic hardship hinders them in continuing serious study. They are discriminated against and are often denied access to hostels. They are also forced to take jobs and continue their studies simultaneously. Most of them prefer to join coaching institutes to prepare for competitive examinations. Such students demand an adequate support system in colleges for counselling, scholarship, books and transport facilities. With respect to the teaching–learning process, they reported that except in a few premier, and some not so premier, colleges, classes are not held effectively in most colleges. Student absenteeism in colleges is high. There is a preference for coaching institutes. There are, however, many private colleges where classes are not held. Wherever classes are held, guest teachers and research scholars help to complete the syllabus. There is hardly any connect between teaching and learning. In some colleges, the size of the classrooms is insuffcient to accommodate students. The voice of the teacher is inaudible to the back benchers and generally the teacher use the chalk and talk method. The syllabus is not up to date. The mandatory clause of 75% attendance is mostly manipulated. The examination system is ineffcient as most universities have late sessions due to a long examination schedule and a delay in the publication of results. In postgraduate departments, the semester system has been adopted. Though students like the semester system, marking is liberal in internal assessment and generally there are unfair practices in the fnal term examinations. It lasts for a long time and teachers are engaged in evaluation, which disrupts classes in the colleges. Students manage to obtain high marks in spite of absenteeism. Students prepare for the examination largely by reading guess papers. Students are dissatisfed with the examination system. The experience of studying in private colleges is unique; classes are not held and there is no effective monitoring of the university. Students who end up in private colleges feel dissatisfed and frustrated. Those who are interested in obtaining a degree prefer to enroll in private colleges. Students wonder why these institutions are not closed down and locked up if they are colleges in name only. It is in fact surprising that a few students have unfounded hope for higher education in Bihar.

Notes 1 The reported enrolment is the enrolment provided by institutions of higher education. The reported enrolment is further extrapolated to arrive at the actual enrolment.

198

STUDENTS’ EXPERIENCES

2 This section is based on interviews and focus-group discussions with students during the author’s feld visit. Pseudonyms have been used for the names of students, and college names are withheld to protect identity.

Reference MHRD, 2018, All India Survey of Higher Education, MHRD, New Delhi

199

9 GOVERNANCE CONUNDRUM Higher Education Scenario

There must be multiple centers of power, none of which is or can be wholly sovereign. – Robert Dahl (1967)

A research report on the governance of higher education in Bihar shows that state, market and social and political power come together in an amorphous way to infuence the governance of higher education. Hence governance turns out to be a complex process lacking any causal and structural understanding. If a university fails to govern due to the infuence of social and political pressure or any other cause, then the failure is further exacerbated rather than mitigated by the supposedly rational action of the state or judiciary. In the process, the infuence of the market may have its own action and direction, leading the governance away from realizing the goals and objectives of higher education. Any rational measure to correct governance through regulatory measures fails as the external intervention of the market or the infuence of societal or political pressure nullifes the rationality of regulation. The picture of governance that emerges from the study reveals that various power pressures defy all rationals, and the infuence of time adds to the complexity as the failure becomes cumulative. Hence the only way to understand governance is to understand the practice, what Pierre Bourdieu (1988) calls the feld. This is not to say that the various approaches to the understanding of governance do not represent a productive enterprise. Each approach does give some insight. However, they present a partial understanding and fail in their totality to connect to the various other forms of power. Take the explanation of governance failure offered by various authors in terms of the over-regulation of the UGC. Over-regulation and under-governance and non-recognition of ground realities were cited as chief causes of the failure of governance as noted in Chapter 1. This is at best a partial understanding of governance failure as it barely considers the feld, where actors, based on their interests, infuence decisions.

200

HIGHER EDUCATION SCENARIO

There is a powerful line of argument that seeks to explain the failure of governance in terms of political economic understanding. In this type of explanation, the contradictions of the economic and political forces upon the state are analyzed (Bardhan, 1984; Kapur, 2010), constraining the state to act rationally to improve higher education. Kapur and Mehta (2004) note that education policy is actually driven by a combination of ideology and vested interests. It may be noted that the state is constrained to fund higher education due to many populist measures and fails to recruit teachers in spite of a huge shortage of teachers (Tilak, 2013). The interaction of politics and economics creating asymmetry between equity and effciency is also an important perspective that sheds light on the failure of governance. There is a current school of thought that celebrates the model of governance in favor of market, citing that failure is due to state intervention. Some of those who oppose over-regulation argue that governance is said to be fexible and free from rigid rules and regulations. They argue that the future of the Indian university system has challenges that cannot be addressed with rigid governance. The challenge of Indian universities is to achieve quality and excellence to match universities of high rank around the world. This means there should be high-quality research. This requires outstanding faculty and strategies to attract and retain talent. This also means that universities should be accountable and performance oriented. Students can be attracted only when the curricula are upgraded and interdisciplinarity is inculcated in the pedagogy of teaching and research. High-quality classrooms and technology-enabled pedagogy is required. Education needs to be designed for a large number of students who come from all across many countries. This also requires a very high degree of partnership and collaboration with universities around the world. Such an ecosystem suitable for a global university cannot be achieved, it is argued, with rigid rules and regulations. The role of the government needs introspection. ‘They ought to become facilitators and ensure autonomy and independence of the Universities’ (Kumar, 2017). A high degree of fexibility in the governance of higher education is required (Agarwal, 2009). How can that fexibility be achieved? This is possible, it is argued, through the breaking of the dichotomy between public and private institutions. This is possible through entrepreneurship in the governance of universities. This is possible through a stronger private initiative in the feld of higher education. ‘Innovative solutions need to be found in addressing the challenges of higher education’ (p. 20). The understanding of the process of the governance of higher education in Bihar, based on our feld research, shows that there is a governance conundrum that defes all rationalities looked at from regulatory perspective, a market perspective or a political economy perspective. At the level of practice, we want to understand the feld and the process which Mathur

201

HIGHER EDUCATION SCENARIO

(2016) emphasized in a recent study. How higher education has navigated through different historical and social circumstances? A confict resolution process through a rationalization of rules and court judgments has not produced solutions. It is important to ask how, with the failure of university administration, there can be growing centralization. There has been a complex scenario of governance wherein the agency of teachers has become ineffectual and teachers hardly feel motivated to engage in the teaching– learning process with any passion. It becomes very diffcult to reverse the process when the quality of teacher recruitment is low. The low-quality teachers once appointed gradually destroy the system. The meaning of freedom of academia is lost. The meaning of university is lost. Governance is at the verge of collapse. While some institutions and persons survive and perform well the bigger chunk fails to work properly. The present work is an attempt to understand the governance of higher education in a state of Bihar through the case study method. The conceptual schema of power, its location and its infuence has been used to understand effciency in governance. Should there be a single center of power or many? A single center of power may achieve effciency but it may be dangerous as well.1 Universities as democratic spaces have several centers of power. The unity or opposition of different centers of power determine the effciency of governance. If power centers are in confict, governance may fail. The intensity of confict between power centers determines the magnitude of the failure. It does not, however, mean that a single center of power is necessarily good, as in a large system, power needs to be dispersed. Hence effciency in governance in a large system depends on how amicably conficts are resolved. The actions and interactions of different centers of power create the dynamics of governance.

Multiple Centers of Power Unique court case: Governance failures lead to adjudication by the courts. A court case is presented to understand the interplay of multiple power centers. Does rational decision making settle the confict? Does the highest authority prevail upon the actors in the feld to follow the rules and orders? A unique judgement was made by the Patna High Court in Asha Sahay vs. The Vice Chancellor, Bhim Rao … (2018), dated 19 July, 2018. The context of the judgement is that is that one teacher, Kumar Nalin Bilochan Sahay, was an employee of B R Ambedkar University, Muzaffarpur, and after the bifurcation of the university, retired from J P Narayan University, Chapra. His post-retirement beneft remained unsettled as subordinate offcers of the university were raising many objections. The case was fnally referred to the Chancellor of all the universities of Bihar. As there was a delay in the case, the teacher fled a writ petition in the Patna High Court in October 2015. In the meantime, the teacher died while the hearing of the matter was going 202

HIGHER EDUCATION SCENARIO

on in court. Upon his death, all post-retiral benefts were settled. However, the hearing continued under the name of the wife of the petitioner, Asha Sahay. Whenever the issue of law and order and justice was brought to the notice of the court, it would pass judgments which were at times in confict with the judgment of the Chancellor, and this was also a matter of confict between the court and the Chancellor, besides the repeated appearance of university offcers in court. The Asha Sahay case, even after the petitioner died and his retiral benefts were paid, continued as this was a serious issue since the person was denied justice while he was alive. Moreover, the problem arose because the university was suffering from governance failure, and the failure of the university administration was multidimensional and led to many court cases on various accounts. The court order of July 18 is signifcant because the court summoned all the Vice Chancellors and Registrars of the universities of Bihar and the District Magistrates and Superintendents of Police of the district headquarters of the universities, the Finance Offcers and Financial Advisors of two universities who were involved in the settlement of benefts to the teacher, the Principal Secretary for Education and the Chancellor of Universities, Bihar through the Principal Secretary, Raj Bhawan, Bihar, Patna. In all 84 persons were summoned, and this underscores the importance of the court order. The Principal Secretary, Raj Bhawan, did not appear in the court as it preferred to fle Letters Patent Appeal (LPA) to be heard by a division bench. The appeal was disposed of a day ago. The central point of grievance in the LPA was that ‘the Vice Chancellors and Registrars being called hampers the Universities’ functioning and the orders transgress into the domain of the executive.’ It directly points out the confict between judiciary and executive. In the frst part of the court order, the impression is given that the judiciary rather solves the problems of the common people and in many cases sets right governance only when some appeal is made in court. The court observed in the judgment that ‘there cannot be multiple centers of power in the University.’ The Vice Chancellor of the university should have the power to appoint all the offcers of the university and he should have ‘supremacy in the matter.’ This observation was made in response to the Vice Chancellor of J P University Chapra, who said that the ‘lack of cooperation from his subordinates, especially the Financial Advisor and Finance Offcer’ was responsible for the delay in the grant of post-retiral benefts. The court noted that as the subordinate offcers of the Vice Chancellor are appointed by the offce of the Chancellor, the subordinate offcers do not obey the orders of the VC. This leads to confict between the offcers of the university. This is the reason why pensions are not fxed and, in cases of dispute, the matter is referred to the Chancellor for petty reasons. In this case there is clear evidence of the confict between the offce of the Chancellor and the High Court – the former taking the position that court judgment leads to the questioning of the statutory authority of the Chancellor. The confict between the Vice Chancellor 203

HIGHER EDUCATION SCENARIO

and all the subordinate offcers of the university arises because the center of power of the university is not the Vice Chancellor of the university but the Chancellor of all the universities of Bihar. It is also important to note that a ‘rational’ decision by the court fails to settle the confict. It is common knowledge that post-retiral benefts are not paid in a timely manner to the employees of the universities of Bihar in spite of all the claims of the court or orders from the state government or the offce of the Chancellor. The offcers of the university interpret the law in various ways and create diffculty for retiring employees in cases where they do not want to grant post-retiral benefts. On the other hand, offcers of the university may not raise objections if they decide to favor the case for whatever consideration or gain. This decision whether to favor or not is a subjective consideration or guided by personal motives.2 The court order reports that all the Vice Chancellors and Registrars of the universities of Bihar were asked to express their problems in running the administration, and instant court orders were passed. These relate to the lack of cooperation from subordinates of the VCs, especially the Financial Advisor and Finance Offcer; disturbance on campus and no action against the First Information Report (FIR) being fled by the university; students fling allegation petitions against teachers with the demand to remove them; no statutory grants-in-aid to the university to meet some of the recurring establishment expenditure; a huge shortfall in internal resources due to free education for girls; the issue of the disbursement of grant-in-aid to affliated colleges where the governing body of the college is in dispute; no approved statute for payment of retiral benefts; the problem of student/teacher absenteeism; the arbitrary transfer of academic staff; no competitive recruitment of Registrars, Inspectors of Colleges, Controllers of Exams, Deputy Registrars and Assistant Registrars; a shortage of Assistant Offcers; and so on. This is a whole gamut of issues relating to the problems of governance in higher education in Bihar. A careful analysis of the problems reported by the offcers of the university show that there are centers of power located in student bodies and the university administration – the former complaining against the latter. The district administration and police also represent an important center of power as disturbances on campuses of educational institutions are on the increase. Governance is becoming a law and order problem. State government is of course an important center of power as it fnances all higher education institutions. Unless the state government provides funding resources, the problems of governance will continue. Further, in the arbitrary transfer of academic staff, the authority of the Vice Chancellor is misused. An important conclusion of the case study is that the multiple centers of power are in confict. With the existence of multiple centers of power, there is no effective deliberative process so that confict between different power centers can be resolved through a democratic functioning. An important 204

HIGHER EDUCATION SCENARIO

challenge for governance is how to create unity between different centers of power for the achievement of a common goal rather than appeasing a particular center of power or the other. Affliation of colleges: Affliation is an important part of university administration. In recent years, private colleges have been mushrooming, adding to the burden of affliation. Magadh University in Bihar disaffliated 64 colleges as the state government, having statutory authority to grant affliation, turned down the recommendations of the senate of Magadh University. This led to protests by students already admitted in those colleges as Patna High Court debarred the 86,000 students from appearing at examination. The university became a site of confict between the students’ political organization and the administration. The reason for turning down the recommendation for affliation by the state government was stated to be academic and infrastructural defciencies. The colleges were run by degree mafosi, and in collusion with university offcials, recommendations by the university were made and democratic bodies like the senate failed to examine the recommendations of the university offcials. Hence the power centers represented by the degree mafosi and the university administration obstructed rational decision-making by the state government. The senate, an important power center in the university administration, had kept its silence earlier when the recommendations for affliation of colleges were forwarded to the state government. The decision of the state government on the disaffliation of colleges had been kept secret by the university administration in collusion with private degree mafosi for a number of years as well. There are other examples of degree mafosi and university administration being in league in the mushrooming of B. Ed. colleges in Bihar. The liberal policy of granting affliation by the university and the state government has resulted in the mushrooming of professional colleges, mainly B. Ed. colleges. Often, intermediate colleges approach for affliation of their B. Ed. without adding to the infrastructure. The reason for this as stated by the Minister HRD and the Chancellor of all universities is the involvement of political bosses who prevail upon the decision makers at the university and state government level (Kumar, 2016). When different universities and state government began to inspect and disaffliate colleges, the aggrieved parties approached the court, and in a recent decision of the High Court there was a stay order served to the state government. The argument of the petitioner was that only the NCTE is empowered to inspect private B. Ed. colleges. This is an example of the center of power of the degree mafosi prevailing over a state government decision by citing the statutes of the university. The High Court stays the state government decision to inspect the college. In this case, the rationality of the High Court supports private interests. It is important to note that at one point in time the state government agreed with the university to grant affliation and at another time the state government took 205

HIGHER EDUCATION SCENARIO

a stand to disaffliate colleges. Which one of these was the rational decision is diffcult to decide. It should also be noted that the rational decision of the state government is held in check by another rational decision of the High Court, citing the statutory provisions that the state government has no power to inspect colleges. Thus, the failure of governance is quite possible when two rational decisions beneft the private B. Ed. colleges. In another example, Aryabhatt Knowledge University withdrew temporary affliation from a college without following the procedure, and as result the court held the decision of the university to be null and void. A rational decision by the court put another rational decision of the university at bay. How could we explain the problems of affliated colleges? In the view of the author, the summary of arguments presented reveals that private colleges represent the interests of private individuals or of a community consisting of the interests of teachers and management. Conficts sometimes arise between the university representatives and the private interests of the college on the grounds of some lapse or other. Then a process of bargaining begins and an agreement is made whereby the university is pressurized to affliate. However, the ultimate authority to grant the affliation rests with the state government. Almost independently, a tussle occurs between private parties representing the management of the colleges and the state government which is often constrained by fnancial exigencies as grant of affliation also leads to a burden on the exchequer (since the Vitt Rahit Shiksha Niti was abolished in the state). This confict is sometimes resolved if a bargain is struck between the parties. However, the aggrieved party often takes the case to court. The court takes its own time to resolve the issue. In the meantime, students are admitted and allowed to appear at examination. No matter what way the court settles disputes over whether to grant affliation or not, damage has already been done as no-one is interested in monitoring and improving standards of education. This is refected in the co-ordination failure between the university and the state government. However, the failure is the result of fghting between different power blocks and the resulting economic gains or losses. The offce of the Chancellor may be another party in the power center. Interested parties play the blame game, reducing the constructive spaces within which issues can be resolved. In fact, many observers of higher education argue that the scenario in higher education governance has reached a point of no return. The only possible future for higher education in Bihar seems to be heading towards rationalities of centralization, market and technology. The university as an institution will be weakened. It will be deprived of autonomy and responsibility amidst resource crunches. I, however, do believe that some positive solution through trust, autonomy and reduction in power centers may be developed if the state government is willing to initiate positive steps. There are power centers located in the state government, the university, the offce of the Chancellor, the judiciary, the private parties having affliation with business interests and students. 206

HIGHER EDUCATION SCENARIO

University governance with respect to the affliation of colleges becomes a victim of the conficts among them. Selection and appointment of vice chancellors of universities: The Vice Chancellor of a university is considered a symbol of power and status in society. There is a competitive race to be selected as the Vice Chancellor of a university. As per the statutory provisions in the universities of Bihar, the Chancellor establishes a search committee for interview, and the search committee prepares a panel of names. The Chancellor selects, from the panel, a name for the appointment of Vice Chancellor. There has to be an effective consultation with the state government in the selection of the Vice Chancellor, as per the statutes. Ideally, the selection process should not suffer from any bias, yet the practice has been that it suffers from certain considerations of favor in the name of caste, ideology and how close a person is to the center of power. Merit is the secondary consideration. It may be noted that there are two centers of power in the selection – the Chancellor and the state government. Yet there are many hidden centers of power; the most important of these are the Ministers at the center and state who could infuence the Chancellor and the Chief Minister of the state. At times, another hidden center of power is a powerful bureaucrat. Any evidencebased enquiry may not always reveal the truth, yet the information gathered from different sources may give an understanding of some of the hidden power centers. An attempt is made to understand these power centers and the confict among them in the selection and the appointment of the Vice Chancellors in the universities of Bihar. An example of a tussle between the Bihar government and Raj Bhawan, the two power centers, over the appointment of Vice Chancellors at six universities in Bihar in 2011 may be cited. The Accountant General, in his inspection report, said that the appointments made by the Governor were irregular. Two reasons were given: (i) The appointments were made without consultation with the state government, who also repeatedly denied having been consulted; and (ii) the persons so appointed were facing criminal charges and used favors for appointment. The matter was sub judice for a long time as the state government challenged the appointment of VCs by the Chancellor. The Supreme Court fnally directed the Chancellor to remove all the VCs so appointed by the Chancellor. The confict escalated to the point where the state government removed the fnancial powers of the VCs so appointed by the Chancellor, and the functioning of the university system was badly disrupted. When the confict between the Chancellor and the state government was resolved through mediation in court and the search committee procedure and effective consultation with the state government was established, there were many hidden centers of power which infuenced the decision of the search committee and the Chancellor and the state government. Ironically enough, two of the VCs so appointed in 2014 through the search committee 207

HIGHER EDUCATION SCENARIO

procedure were later removed on charges of grave fnancial and administrative irregularities. The resignation of VCs on the direction of the offce of the Chancellor on account of governance failure is becoming a common occurrence. Recently the Chancellor sought an explanation from the VC of Magadh University and, on fnding the explanation unsatisfactory, the VC was perforce asked to resign. The VC of Magadh University went to Patna High Court and the Court asked to fle counter affdavit to the Chancellor and the state government. There has been a case of the forced resignation of another Vice Chancellor of Bihar University on the grounds of delays in examinations and publication of results, failure to maintain law and order in the university campus and tardy preparation of NAAC accreditation. The VC said that ‘there are pulls and pressures from top levels’ (Times of India, Patna, dated May 31, 2019) indicating some hidden center of power obstructing the ability to function effciently. In November 2018, the resignation was sought from the VC, MG Central University by the Visitor of the university for giving false information at the time of application for the post of VC. The implicit reason was a style of functioning that led to confict with the teachers and students of the central university, indicating an internal power confict (Kumar, 2018). Recruitment and Promotion of Teachers The recruitment and promotion of teachers in the universities and colleges of Bihar involves multiple power centers and the collision and collusion of the different centers of power. It also throws light on the path dependence of certain decision-making processes affecting governance. In the fourth phase in 1986, many non-viable colleges were taken over by the state government. This was the result of the Chief Minister of Bihar, a trade unionist leader, succumbing to pressures from teachers’ unions and semi-employed youths and local leaders. Union leaders, through the takeover of colleges, wanted the secure employment for a large number of teachers. State power and bureaucracy was under so much pressure from different caste groups that managing the absorption of teachers turned out to be a gargantuan task. In spite of government orders with respect to the absorption of teachers in place in 1986, there was increasing demand for the absorption of teachers against those posts which were not created and sanctioned by the state government. There was a further demand that creation of posts against new subjects approved by the university be made. Amidst all the demands placed upon the state government and the lack of resolution of cases relating to the absorption of teachers, corrupt practices were followed at the level of the private managing bodies of the colleges. They were manipulating the cases of teachers to be absorbed. Finally, the power bloc of teachers got together and made an appeal in the Supreme Court against the decisions of the state 208

HIGHER EDUCATION SCENARIO

government and High Court. The Supreme Court had no option but to constitute a commission to look into the bona fde cases of absorption of teachers. The issue of absorption of teachers that began in 1986 has not yet been fully settled. It is interesting to observe that state government as the center of power is frst infuenced by the different power blocs of teachers’ associations and various caste groups in the decision-making relating to the takeover of colleges. Rationality in decision-making is compromised as many non-viable colleges are also considered for takeover. Once rationality is lost in political decision-making, it opens the door to corruption, manipulation and bribery. This was quite evident when private managing bodies manipulated the individual cases of teachers and the university authorities, under pressure from different groups, became a party to manipulation and forwarded such cases to the state government for approval. The decision-making is then subject to interpretations. State government fails to take decisions on the absorption of teachers. When executives fail to deliver, the decision-making is subject to the long processes involved in the delivery of justice. This leads to such a conundrum that rationality fails, time and again, to correct malpractices and corrupt practices. The recruitment of teachers was subject to centralization at the state level and occasional decentralization at the university. In 1982, recruitment was decentralized at the level of the university, unlike in the past, when it was centralized at state level. There was an allegation of favoritism in decentralized decision-making. Hence again it was centralized at state level. There were two state level commissions – one for the recruitment of teachers at constituent colleges and another for the recruitment of teachers at private colleges. The practices of recruitment at centralized level discontinued when in 2007, the university selection committee was empowered to recruit teachers and the previous two commissions – the University Service Commission and the College Service Commission – were abolished. However, again in 2013, the Bihar Public Service Commission at the state level was given powers to recruit teachers. Again, there was a change in the state-level institution. Bihar State University Service Commission was again established in 2018 to recruit teachers, and the BPSC was relieved from its function of recruiting teachers in higher education. There are different phases of recruitment in which institutions for recruitment were being established. The power shifted from centralized to decentralized recruitment, and fnally it gave way to centralized decision making. This is an example of confusion in governance relating to the recruitment of teachers. It is diffcult to justify the decision in terms of the rationality of centralization or decentralization. Both forms of governance failed. In 1983, decentralization at the university level led to accusations of favoritism. By 2007, the state government found that the state level commissions were also indulging in corrupt practices in the recruitment of teachers. Perhaps out of frustration, recruitment was 209

HIGHER EDUCATION SCENARIO

then centralized at university level. Although no recruitment of teachers was made by the university during 2007–12 at the university level, the state government centralized the power of recruitment. One fails to understand whether the decision was rational or not. If it was a rational decision to centralize powers of recruitment at the level of the Bihar Public Service Commission, then why were the powers taken away and given to another newly established University Service Commission?

What Is the Alternative? The central question in the governance of higher education is the multiplicity of the centers of power. The state manages to reconcile various conficting interests. The 1970s and 1980s were marked by the upward mobilization of various social and economic groups. There was political competition among the leaders of various parties to serve their respective groups. Hence political decisions were taken with the motivation to give benefts to the multiple centers of power, appeasing various pressure groups. An important point that emerges from this is the fact that political decisions were embedded in the social power structures. In this process, if X amount of beneft is given to one social and economic group, then Y (which is greater than X) amount of beneft will be attempted to be given to another social and economic group. In this manner, political decisions are guided by the short-term gain of various groups. The state is not an autonomous entity. It is constantly under pressure from different power blocs from below. Political leaders emerge from below or derive legitimacy from support from below. Given the above dynamics of decision-making, governance based on rules and regulations become the casualty. Rationality demands universal application of rules. However, decisions are based on the possibility of more beneft for rather than losses to the favored group. In this explanation there is greater space for practices to thrive that deviate from rules and regulations. The power center from below is in a race to corner the maximum beneft by the inclusion of more and more benefciaries. The process of inclusion of benefciaries takes place through contacts and infuence upon the authorities responsible for taking decisions. When the matter fnally reaches the point where state level bureaucracy decides the number of benefciaries, all political decisions are subject to budgetary constraints. Political decision-making is ultimately subject to economic constraints. Such contradictions then delay decision-making, and the executive machinery of the state takes recourse to processes which could justify the delay. An apt example is the recruitment of teachers, which gets delayed for want of prompt decisions. The role of the judiciary comes in to the interplay of various power centers. It may not be correct to say that the judiciary is an independent and neutral entity. It also acts as an important center of power

210

HIGHER EDUCATION SCENARIO

which may settle the confict in favor of one party or the other. It fails to address the root cause of the failure of governance that is embedded in the social power structure. The feld reality is indeed complex when the effects of various decisions are experienced in terms of the low quality of teachers and teaching, poor infrastructure, defance of rules, absenteeism, protests, indiscipline, disobedience, non-compliance, delays in academic sessions, corruption, bribery and so on. Governance becomes the victim of various centers of power competing against each other to corner the benefts. A way out of this complex dilemma is diffcult to visualize in practice. Can we say that the present scenario of governance of higher education in Bihar is the conundrum and the administration is so deeply ensconced in to the complexity of it that any solution to the present impasse will not be easy to fnd? The only solution is either to allow some of the subsystems of higher education outside its ambit and, for the rest of the subsystems, install mechanisms of governance in favor of centralization so that the various local centers of power have minimal infuence. With minimal infuence of the local centers of power, centralization might achieve effciency. This is the present state of affairs in the governance of higher education. The internal governance of universities and colleges is centralized at the level of the university. For example, the academic governance of colleges is managed by controlling examinations rather than the teaching–learning process. Similarly, academic governance of the entire higher education sector is centralized at the level of the state. The recruitment of teachers, teachers’ salaries, and the admission of students are centralized. The entire private higher education sector is almost unsupervised by the state government as well as the university. This is quite evident as barely any teaching–learning takes place in private institutions. Students as well as teachers have suggested that organizational culture has to be revived. In the analysis presented above, academic culture is so heavily derived from the confict between the various centers of power that nobody thinks that good academic culture can be revived. Perhaps there will be some tinkering here and there by the state government. With such small changes, the higher education system will by and large continue to reproduce itself – partly allowing market forces to operate and partly reviving the public sector. This is the alternative towards which higher education seems to be leaning. The direction of higher education in Bihar in favor of centralization, on the one hand, and privatization, on the other, may not be the desired route as it may deprive the university of its autonomy, an ideal which is considered conducive for effective teaching and learning process. The state government, with its serious budgetary constraints, will shy away from public funding, and higher education in Bihar will be condemned for its low

211

HigHer education Scenario

quality. the large-scale migration of students to other parts of the country in search of high-quality education will continue. Higher education in the state will survive with a very few institutions of average quality among the low-quality institutions.

Notes 1 in a recent study, Pankaj chandra notes that ‘the academic leadership often centralizes all decision-making process … and becomes a frustrating power center’ (chandra 2017, p.111). Further the author notes that ‘Mistrust builds defcit in governance – conversations die, perceptions are formed, positions harden, data are ignored, micro powers develop, opposition grows, and progress is stifed. Power blocks emerge and they compete with each other to capture the decisionmaking processes at the university’ (ibid. p. 113). 2 See chapter 3, table 3.1 Summary of the Matters raised by the Vcs and registrars and the court orders.

References agarwal, P (2009). Indian Higher Education: Envisioning the Future. india: Sage Publications. Bardhan, PK (1984). The Political Economy of Development in India (pp. 185– 205). B. Blackwell. Bourdieu, P (1988). Homo Academicus. Stanford university Press. chandra, P (2017). governance of higher education: a congested space (making the university work). in d Kanpur & PB Mehta (eds.), Navigating the Labyrinth: Perspective on India’s Higher Education. Hyderabad: orient BlackSwan. dahl, ra (1967). Pluralist Democracy in the United States: Confict and Consent. chicago: rand Mcnally. deshpande, JV (2000). aicte as politicians’ handmaiden. Economic and Political Weekly, 35(49), 4307–4308. times of india (2019). Babasaheb Bhimrao ambedkar Bihar university Vc resigns dated 31 May available at (https://timesofndia.indiatimes.com/city/patna/brabu -vc-resigns/articleshow/69587045.cms) last accessed on January 18, 2021. Kapur, d (2010). the political economy of the state in the oxford companion to politics in india. in n gopal Jayal & P Bhanu Mehta (eds.), new delhi: oxford university Press. Kapur, d, & Mehta, PB (2004). indian higher education reform: From half-baked socialism to half-baked capitalism. center for international development Working Paper, Harvard university, 103. Kumar, a (24a September, 2017). in a frst, varsities in Bihar retire college principals with ‘retrospective’ effect. Hindustan Times, Patna https://www.hindustantimes. com/india-news/in-a-frst-varsities-in-bihar-retire-college-principals-with-retrosp ective-effect/story-PyaZin0uc7gwBxalJSranL.html accessed on october 26, 2020. Kumar, r (november, 2018). Bihar university Vc resignation confrmed. Telegraph. https://www.telegraphindia.com/states/bihar/bihar-university-vc-resignation -confrmed/cid/1675362 accessed on october 26, 2020.

212

HIGHER EDUCATION SCENARIO

Kumar, C, Goyal, Y, Srivastava, A, Ramaswamy, K, Ramanujam, P (2016). The president of India and the governance of higher education New Delhi. Universal Law Publishing, pp. 105–130. Mathur, K (2016). Public policy and politics in India: How institutions matter. New Delhi: Oxford University Press. Ramaswamy, R (2018). Night- thoughts on academics and administration and the university. In Apporvanand (ed.), The Idea of a University (pp. 68–97). Chennai: Context. Tilak, JB (2013). Higher education in India: In search of equality, quality and quantity. New Delhi: Orient Blackswan.

213

10 CONCLUSION

It is important to summarize the arguments with respect to the governance of higher education in Bihar. The fundamental question that was posed was how far governance has succeeded in maintaining the idea of the university with respect to the free pursuit of knowledge and the autonomy of individuals and institutions of higher education. While this was the fundamental idea behind governance, it may be observed that practices have varied. In the real world, governance has not only failed to preserve the idea of autonomy, it has also drifted in many different directions. While achieving this ideal, governance has been looked at from the point of regulatory system’s attempt to regulate in order to maintain standards. The majority was of the opinion that the regulatory system had over worked itself and it had lately proved expensive to manage and maintain quality. The frst group favored preserving the idea of autonomy in the public university by allowing selfregulation and minimizing the role of the UGC. However, the second group advocated for autonomy in a manner that could strengthen privatization. The government by and large supported this process. The argument was that the future of higher education requires fexibility in governance. Excessive rules and regulations obstruct organizations from adapting to a changing environment. Interdisciplinarity, curricular restructuring, increased choice for the students, technology integration, incentivizing faculty, collaboration and partnership, etc. require a faster decision-making process, fexibility of rules and accountability. This can be realized when market-based principles of governance are permitted within public sector funding or by promoting privatization. Hence, the autonomy argument drifted in the direction of providing autonomous spaces to institutions of higher education, supporting laissez faire. This was not all. It may be noted that a third drift also took place in terms of providing autonomy with a high degree of centralized control by the government as it was necessary to monitor and ensure accountability in the system. Of course, the pulls and pushes in different directions owing to the dynamics between power centers create confusion, and the government’s support of the second and third drift weakens publicly

214

CONCLUSION

funded institutions. Managing them in a scarce resource situation throws up many challenges. There may be an inexhaustible list of failures insofar as governance is concerned. However, the idea of the present study is to develop an evidence-based understanding of the governance of higher education in Bihar. Evidence is necessary to understand governance from a realist perspective as the rational calculation behind many policy analyses fails to work in practice.

State Higher Education Council It is interesting to understand the trajectory of development of universities in Bihar in response to increasing demand. The mode of expansion has relied a lot on the bifurcation of universities, except in the case of some new initiatives establishing universities catering to a specifc discipline such as law, languages, management and engineering. As far as apex bodies at state level are concerned, there have been few developments of importance. There used to be an inter-university board to advise the government on policies relating to the development of university education. The board was abolished in 2007 on the recommendation of the Administrative Reforms Commission. The Higher Education Council was established primarily to manage RUSAs fund. As the Higher Education Council works narrowly to cater to RUSA fund management, there is no academic body at the state level to advise the state government. Hence much policy decision making rests with the higher education department. However, by virtue of the provisions of the acts of universities, the Chancellor, as the Governor of a state, bears much of the responsibility for maintaining the affairs of the university. I am of the view that, learning from other state experiences, the government should consider establishing a state-level body as an apex institution which could monitor the growth and expansion of colleges and universities and suggest measures for effcient governance, such as streamlining affliation and expansion. It may suggest state government measures to ensure equity and quality. The state-level body should also ensure co-ordination with all universities in the state, with the UGC and with central and state government. The State Council of Higher Education as suggested under RUSA should be established by an act. The offce of the Chancellor should be divested of various responsibilities in favor of an independent apex body. The Intermediate Council, whose responsibility was to conduct examinations at the intermediate level, was also abolished in 2007. The Bihar School Examination Board was given responsibility for conducting secondary school examinations as well as examinations for intermediate colleges and senior secondary schools. The delinking of the intermediate from the

215

CONCLUSION

undergraduate, though not achieved fully, may have been the reason for abolishing Intermediate Council. It may be noted that the delinking of intermediate from university was not managed well, as handing over the responsibility to the Bihar School Examination Board could not compensate for the loss in quality of teaching in the transition from intermediate being a part of the university system to part of the school system. There has been a unique story of teacher recruitment through the various commissions which were created and abolished and further created. At present, Bihar State University Service Commission has the responsibility for the recruitment of teachers in all constituent colleges and postgraduate departments. The Commission was made functional in 2020.

Role of Chancellor The examination of role of Chancellor in the governance of universities in Bihar reveals that presently it suffers from too much power and activity. It fundamentally questions the idea that a university be run by its democratic bodies and community of scholars. At a practical level, it may be argued that a university and its academic members are neither responsible nor accountable for enjoying such autonomy and hence some central authority has to exert itself to govern the academic affairs of the University. How far is this justifed? The justifcation rests on the fact that frstly, universities cannot be run through their internal governance structure, and secondly, the offce of the Chancellor is neutral in terms of giving directions. As far the second assumption is concerned, it has been noted above that this is not true. The Governor in actual practice is a political appointee. The Governor may not also be free from political biases. It was noted that in the case of the appointment of Vice Chancellors at universities in Bihar, bias and favor was at work. With respect to the former assumption that academic members of a university cannot run its internal governance, it may be pointed out that democratic governance is no guarantee of a perfectly ideal system. However, democratic governance can set up mechanisms with good leadership to address injustices slowly and move towards a better system of governance with collective responsibility. What is important in democratic governance is to ensure that leadership positions are flled by persons of academic and administrative competence. Hence the weight of the argument seems not to favor the high authority thesis of the role of Chancellor in the governance of universities in Bihar. What is important is to ensure that leadership positions in the universities are flled with great care. It is important to strengthen the internal governance structure in the universities of Bihar by means of high-quality leadership. Based on the experiences of Central Universities, the Gnanam Committee Report and the Madhav Menon Committee Report in Bihar, the author 216

CONCLUSION

suggests that the role of Governor as Chancellor should be that of a Visitor as in the case of Central Universities and should be limited to three functions: the power to review the progress of work, to cause inspection on receiving a complaint and to call for any information. The Chancellor nomenclature should continue and the power of Chancellor should rest with the Governor of Bihar. The Chancellor shall seek advice from the State Higher Education Council or any such independent apex body at the state level. There should be no multiple centers of power over the university.

Vice Chancellor’s Appointment If the idea of the university is to be realized, it is important that the leadership of the university should be given to persons of high academic stature and high moral values. It was noted in Chapter 3 that the appointment of Vice Chancellors at universities in Bihar was controversial. Even the selection committee procedure failed to select Vice Chancellors in an impartial manner. There is a need to invoke openness, transparency and impartiality in the selection of the Vice Chancellor. Some of the broad principles in the selection of the Vice Chancellor are suggested as follows: (i) the selection process should begin with the committee constituted by the Syndicate, consisting of members such as judges of the court, scientists, experts, teachers, students and guardians through the process of deliberation; (ii) in the next stage, all the names so selected by the committee may be invited for open discussion before the committee; (iii) a small committee may fnalize three names after an open discussion before the committee; (iv) the Governor as Chancellor should have the fnal authority to select the name from a panel of three persons. This is a suggestive procedure, which may be fnalized after due deliberation. An important point in the selection process is that the state government is not a party to the selection process. In my opinion, the selection process of the Vice Chancellor needs to be much more transparent, open and impartial. Selection must take place through a detailed deliberative exercise. The fnal list of three members may be sent to the Chancellor for fnal selection of the Vice Chancellor. The Government of Bihar should initiate public discussion of the selection process of the Vice Chancellor.

Appointment of Registrar and other Offcers of the University It was also noted in Chapter 3 that the appointment of Registrars, Financial Advisors and Finance Offcers in the universities in Bihar has been centralized at the level of the offce of the Governor as Chancellor. In the case of Registrars, it was noted that whenever the post falls vacant, the appointment of the Registrar is made by the Vice Chancellor on a temporary basis, and this sometimes continues for a suffciently longer period. The 217

CONCLUSION

UGC regulation in the appointment of Registrars, Finance Offcers and Controllers of Examination needs to be followed. It is therefore suggested that the appointment of Registrar of the university and other positions such as Inspector of Colleges, Finance Offcer and Controller of Examinations should be decentralized at the level of the university as per the UGC regulation. It is further suggested that the post of Financial Advisor may be abolished. Other offcers such as Dean of Student Welfare, Coordinator College Development Council and Proctor may be appointed by the Vice Chancellor. All other offcers of the university may be appointed by the selection committee at the level of the university.

Authorities of the University It was noted in Chapter 3 that the authorities of the university, particularly the senate and syndicate, are not proactive in responding to the changing environment, regulations and various directives from the government. They are at most reactive. Given the fnancial crunch and the shortage of teachers, there are proposals for approval of new self-fnancing courses – certifcate, diploma, undergraduate and postgraduate programs. Much of the proposals are in response to the directives from the Chancellor’s offce. The issue of the size of the senate is raised to improve the effciency in the decision making. In fact, the Madhav Menon Committee has suggested the smaller size of the Board of Management and Academic Senate in the draft act of 2014. The National Education Policy 2020 suggests that the Board of Governors should be the apex body to govern the university. All aspects of governance such as the appointment of the Vice Chancellor, the recruitment and promotion of teachers, fnancing, teaching, research, etc. shall be dealt with by the Board of Governors. The new management structure shall dispense with the senate and the role of Chancellor. The state government shall be under obligation to implement the new structure of governance. While considering the establishment of the Board of Governors at the university level, the government should not dispense with the senate as well as the role of Chancellor. The senate shall provide the democratic ethos, and the role of Chancellor in the university shall make the university accountable to the constitutional head of the state. To realize the idea of the university in terms of democratic functioning, it is suggested that the representation of different sections of society in the senate should continue. The syndicate may be renamed the Board of Governors and reconstituted as per the NEP 2020. The Board of Governors of the university should be proactive in responding to the changing environment. Other authorities of the university such as the Academic Council, Board of Examination, Faculties, Departmental Council and Research Council should promote participative governance.

218

CONCLUSION

Statues, ordinances and regulations are the tools of governance. They are framed and passed by the different authorities of universities. It was noted that UGC regulations and other directives of the state government are followed with a time lag. This ineffciency in decision-making needs to be removed. Whenever the need for statutes, ordinance and regulations arises, either due to internal demand from universities or due to regulations from UGC or due to the directives of the government to be followed, the same may be communicated to the state level apex body such as State Higher Education Council. The HEC, as suggested above, should be given the power to frame the statutes, ordinances and regulations of different universities and co-ordinate with all universities to implement them. Whenever there are common statutes, ordinances and regulations, it may be easier to improve effciency in decision-making. The Higher Education Council, for this purpose, may suggest and advise the university with a common draft for statutes, ordinances and regulations.

Failure of Internal Governance Governance failure arises due to the failure of co-ordination of universities with the state government, the regulatory authority and the Chancellor. With respect to the failure of co-ordination with the state government, an important problem relates to the appointment of teaching and non-teaching employees. The power to create and abolish posts rests with the university, with the prior approval of state government. As state government did not grant approval, it was noted in Chapter 3 that non-teaching employees were being employed on an ad hoc basis by the colleges and the universities. Later on, after so many years of legal battle and court intervention, such employees were regularized in the services of colleges and universities. In many cases, the absorption of non-teaching employees from erstwhile private affliated colleges into constituent colleges was also controversial. Lately, it has been observed that many employees were working on a regular basis. However, their job was not against the post sanctioned by the state government. These employees were denied the payment of salaries. These dissipated the time and energy of university administration. There are also instances of failure of co-ordination between universities and the University Grants Commission. This could be seen in terms of a time lag between the UGC regulation on the promotion of teachers, Ph.Ds, NET, the affliation of colleges, the appointment of Vice Chancellors and the recruitment of teachers and their incorporation in universities’ statutes/ ordinances. It is also important to note that the offce of the Chancellor issues various directives to the universities whenever there is irregularity on account

219

CONCLUSION

of admission, examination, introduction of self-fnancing courses, pension payments, etc. A state-level apex body such as the State Council of Higher Education should be given responsibility for effectively co-ordinating universities with the UGC and state government. Effective co-ordination will resolve many of the issues that pertain to internal governance. Most of the constituent colleges were established before 2000. Most private colleges in Bihar represent a recent phenomenon appearing after 2000. The State lags behind in the accreditation of colleges both, governmentrun and private. The size of a university in terms of number of colleges affliated with it has come down with the opening of new universities. With the commitment of the state government to opening more universities, the number of colleges affliated to a university needs to be reduced in some of the universities, such as L.N. Mithila University, Magadh University, Veer Kunwar Singh University and B.B.A. Bihar University. The size of the college in terms of enrolment is excessively high, with over 2,000 students per college in 32% of the colleges. Roughly 37% of the colleges have a student– teacher ratio of over 30:1. The affliation of colleges has emerged as an important area of concern as far as the governance of higher education is concerned. It has been observed that the affliating system puts an excessive burden on governance. Universities have to inspect the college before the grant of affliation. With the mushrooming of the private colleges, there is excessive pressure on the inspection of colleges. Even if a university sends the report to the government, the case of affliation rests with the state government for approval. Another area of concern are the private management bodies of affliated colleges, over which effective supervision and control by the university is lacking. Recently, government has been providing fnancial aid to private affliated colleges. The grant is meager and payment is irregular. There is full control over fees by the state government. As a result, the inability of the private colleges to mobilize resources leads to the poor compensation of teachers. This generates demotivation amongst the teachers. The university fails to constitute the private managing committee and supervise admission, teaching–learning and examination. There is also a long story of the appointment of teachers in affliated colleges, which has now been decentralized at the college level. The analysis of the mass conversion of private affliated colleges to constituent colleges is a phenomenon of utmost importance in the history of higher education in Bihar, completely derailing the governance of higher education. There is also the issue of the nonrecognition of affliated colleges by many professional councils. With respect to affliation, there is a need to create a mechanism for streamlining the affliation process, both with respect to the inspection of colleges and co-ordinating with the state government for the grant of affliation of colleges, based on the report. Universities need to constitute 220

CONCLUSION

private management bodies and they should be made functional to improve teaching and learning in private colleges. Moreover, all government colleges should have a management council to supervise its functioning and submit annual reports to the university. This will energize the functioning of colleges. The Pro Vice Chancellor of a university should be entrusted with the responsibility for managing all the private colleges affliated to it. Governance of the colleges depends on the academic leadership role of the Principal. It has been observed that there has been no system of recruitment for the post of Principal. As a result, Principals are appointed on ad hoc basis by the Vice Chancellor and transferred to different colleges. The position of Principal is vulnerable to the decision of the authorities and offcers of the university. The post of Principal has become tenurial. This has added to the burden of the appointment of Principal to different colleges every 5 years, which is never done on time. There has also been a dispute for a considerable period as to whether Principal is a teaching or non-teaching post, leading to court litigation. There have been frequent changes in the UGC regulations, creating confusion over the process of the appointment of Principals. I propose that there should be permanent appointment of the Principal at all colleges in Bihar on a tenure basis to be renewed for another term based on the performance in the development of a college. The newly constituted Bihar State University Service Commission may be given the responsibility to appoint and renew the tenure-based position on the basis of performance. The Bihar Government has introduced a centralized online admission process in order to improve the effciency of admission. While this move may be justifed from the point of view of effciency and transparency in the admission process, many argue that it takes away the autonomy of the university in determining its admission policy. Some of the survey results on teaching–learning are worth noting. Student attendance in class goes down with the progress of the academic session. Students reported that only 25%–50% of the syllabus is completed. In some subjects, the unavailability of teachers leads to there being no classes. Thus, a shortage of teachers in colleges is an important area of concern. Furthermore, there is a challenge in governance related to examinations in colleges. There are many universities where sessions are delayed and students have to confront the problem of delays in examinations. It has been noted that the governance of colleges with respect to admission, attendance, examinations and the teaching–learning process is far from satisfactory. The state government employs a strategy of centralizing decision-making and issuing instructions to various offces and institutions of Higher Education. On the other hand, the UGC employs a strategy of issuing regulations. The central government has been advocating the use of technology-enabled learning in its various policy decisions. However, the fundamental weakness of the organization is not addressed by ameliorating the shortage of funds, recruiting teachers and providing infrastructure support. 221

CONCLUSION

Analytically, it has been explained that governance suffers due to resource constraints. Good economic logic requires that either public funding should be adequate or institutions should be allowed to raise resources. However, economic logic fails to operate due to political constraints which favor populism rather than sound economic logic. Therefore, the issue of governance is not an issue of the failure of the principles of management in running the affairs of higher education. This is very much related to the politics and economics that guide governance. A robust governance without fnance is not possible. It is suggested that a sound governance system can be built only by strengthening the institutions of higher education. This requires adequate funding and internal resource generation. Politically, the government must take a long-term perspective to support institutions and allow institutions to develop sustainable strategies in the future through internal resource generation.

Shortage of Teachers Managing teachers in the governance of higher education pose a most important challenge. It may be noted that there is an acute shortage of teachers, as the actual to the sanctioned strength of teachers varies largely from 25% to 54% in different universities in Bihar. Similarly, there is also an acute shortage of non-teaching staff as the actual to the sanctioned strength of non-teaching employee varies from 49% to 77% in different universities in Bihar. There is also an important concern with respect to the qualifcation of teachers in private colleges, as only 18% of teachers have Ph.D. qualifcations. With respect to social composition, there are much fewer SC and ST teachers in comparison to general in all categories of teacher (Professor, Associate Professor and Assistant Professor). The recruitment and promotion of teachers has suffered from mismanagement since the 1980s. Absorption of teachers from private affliated colleges into constituent colleges in the different phases of takeover suffered from gross irregularities. There were many court cases to settle disputes relating to absorption. The whole process of takeover cannot be reversed now, but it has seriously affected the quality of teaching in higher education. There were frequent changes in recruitment bodies and UGC regulations for the recruitment of teachers. This led to confusion in practice. Presently, the Government of Bihar has stopped recruitment through the Bihar Public Service Commission. The government has taken a decision to recruit guest teachers in large number in all the universities of Bihar. It seems that the guest teacher phenomenon is going to continue as State Government seems to be moving slow in the recruitment of teachers. A recent constitution of the Bihar State University Service Commission and

222

CONCLUSION

advertisement of Assistant Professor position is a welcome move in addressing the shortage of teachers. The government is facing a dilemma. There is a demand for expansion. There is a need to recruit more and more teachers. The government is fnding it diffcult to meet the expenditure on account of the high salary bill that accompanies the additional recruitment of teachers. Hence, there is a situation in which the cost of higher education is going up whereas internal resource generation through a hike in fees is limited and the budgetary resources to fund higher education are also limited. Career advancement has become the right of teachers irrespective of merit. Time-bound promotion has been encouraged through UGC regulations to meet the populist demand of teachers. It has been noted in Chapter 5 that there was a wave of professorship in the 1980s and 1990s with the promulgation of a time-bound scheme of promotion. UGC regulation on meritcum-time-bound promotion was adopted with a considerable delay. It is therefore suggested that shortages of teachers be identifed and the recruitment and promotion of teachers be completed by the University Service Commission. With respect to the internal governance of colleges, all universities must constitute a committee of college principal, professors, experts and retired teachers for every college, who should be responsible for streamlining admission, teaching and examinations. The committee shall report to the university every year on the performance of a college and take action accordingly.

Private Higher Education There are two phases of private higher education in Bihar. Phase 1 may be characterized by private philanthropy, which lasted up to 1960s. Thereafter in the emerging political scenario of Bihar, there were competitive claims upon the state to allocate resources in their favor by the conversion of private colleges into constituent colleges so that the respective teaching and non-teaching employees in the colleges could garner associated benefts. The process of the conversion of private into constituent colleges could not be managed through the rationalities implicit in the rules and regulations. The quality of teachers being absorbed in the constituent colleges could not be properly verifed by the government. In the second phase of private higher education in Bihar, there was no longer any philanthropic motive, and the only motive that dominated was to serve different interest groups and to make a proft. During this phase, there was constant pressure upon the state government to grant permanent affliation and support colleges in fnancial terms. The state government always dithered in its decisions to grant permanent affliation and this created various litigations that ended up being settled in a court of law, resulting in

223

CONCLUSION

governance failure. It is during this period that universities could not exercise their power to streamline academic discipline in private colleges. I recommend that in the present circumstances, the government should develop a strategy of effective supervision of private colleges with respect to affliation and the maintenance of quality. The responsibility for supervising the private colleges may be entrusted to the Pro Vice Chancellor of a university. He/she should be responsible for regularizing the affliation process and should establish a private managing body for every college. The private managing body of each college should be made functional under the leadership of the Pro Vice Chancellor.

Financing of Higher Education Apart from the shortage of public funding in per capita terms in relation to SDP per capita, the management of fnance is an issue of concern. The prominent issues relate to the distribution of grants to private affliated colleges, pay fxation, disbursal of pension benefts, payment of salaries on time and transparent procedures for purchases. State fnancing to students through the students’ card scheme, salary payment through the treasury and the implementation of GeM in the purchase of goods are innovations in maintaining the transparency and effciency of fnancing by the state government.

Students’ Experiences Students’ experiences are the acid test of the governance of higher education. It was noted that enrolment of students in higher education in Bihar is 1.6 million. This amounts to a GER of 13.6%, which is considerably lower than the GER at the all-India level of 26.3%. Of enrolment, 81% is in government institutions and 13% is in private institutions of higher education. Overall, the enrolment of male students as a percentage of the total in higher education is 58% as opposed to 52% enrolment of males at the all-India level. Only 4.5% of the total students are enrolled in postgraduate departments as opposed to 12.4% at the all-India level. An important challenge of governance is to increase the share of SC and OBC students at postgraduate level. Dissatisfed with their teaching–learning experiences in the colleges, students prefer to prepare for competitive examinations in coaching institutions, leading to absenteeism in the classes. Students coming from lower socio-economic backgrounds have a major compulsion to take up jobs early. Many students enroll in private colleges because the intake of students is limited in constituent colleges. Students noted the need for proper counseling when choosing a college and courses before the admission process begins. Low attendance, irregular classes due to the shortage of teachers and 224

CONCLUSION

delayed examinations were some of the concerns of students. In many private colleges, they reported that they are admitted and appear at examination. Hence colleges and universities exist for the sake of degree distribution. Judging from students’ experiences, it is quite obvious that students fail to get a satisfactory experience with respect to the teaching–learning and examination system in colleges and universities, showing the failure of governance. There may be only a few institutions with regular academic and extra-academic activities. The internal governance of universities must be geared to satisfy students in terms of teaching–learning and examination.

Multiple Power Centers in Governance A great deal of confusion in the governance of higher education exists as there are multiple power blocs that are in confict and defy all the rationalities implicit in rules and regulations. It was noted that decisions are delayed. The existence of power centers causes co-ordination failure among the universities, the state government and the University Grants Commission. To mitigate the infuence of multiple power centers, a State Level Council of Higher Education has been suggested here. At the university level, ensuring participative governance along with an effective board of governance (syndicate) would ensure decision-making free from the infuence of the covert and overt power centers in the university. The multiple power blocs may be necessary to ensure checks and balances in governance. However, there must be a rational communication process to resolve conficts, and decisionmaking needs to be effcient.

225

APPENDIX I

Table I.1 Large Constituent Colleges S. No. Name of college

Number of students

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

13447 11541 10138 10135 10073 10063 9902 9624 8805 8727 8158 7805 7744 7653 7276 7209 7101 7056 7043 7002 6941 6642 6627 6434 6348 6333 6253 5974 5702 5596 5543 5498 5410

Gaya College, Gaya Maharaja College, Ara G.D. College College of Commerce T.P. College, Madhepura S. Sinha College SBSS College R. K. College H.D. Jain College, Ara A.N. College R.L.S.Y. College, Bettiah Munshi Singh College, Motihari M.V. College, Buxar S.B. College, Ara M.J.K. College, Bettiah D.B.K.N. College S.P. Jain College, Sasaram Forbishganj College, Forbisganj R.N. College, Hajipur B.R.B. College R.D.S. College, Muzaffarpur Samastipur College A.N.S. College, Barh Shiv Deni Ram Ayodhya Prasad College, Barachakia Murarka College, Sultanganj L.S. College, Muzaffarpur T.N.B. College, Bhagalpur D.K. College, Dumraon T.S. College, Hisua A.S. College, Bikramganj R.B. College C. M. College Marwari College

(Continued)

227

APPENDIX I

Table I.1 Continued S. No. Name of college

Number of students

34 35 36 37

5383 5382 5343 5318

38 39 40

L.N.D. College, Motihari Marwari College, Bhagalpur S.K. Mahila College Mahant Shi'vshankar Giri College, Areraj, East Champaran Purnia College, Purnia K.K.M. College, Jamui S.V.P. College, Bhabua

5294 5241 5220

Source: AISHE, 2018, MHRD, Government of India.

Table I.2 Large Private Affliated Colleges S. No. Name of college

No. of students

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

9304 8948 8541 7758 5918 5705 5384 5088 4783 4401 4190 4095 3978 3968 3844 3542 3533 3492 3464

20 21 22 23 24 25 26 27 28 29 30

Lok Mahavidyalaya, Hafzpur, Baniyapur M.G. College DNS College, Bhusia, Rajoun K.S.R. College, Sarairanjan F.D.K. Jha College Jawahar Lal Nehru Memorial College, Sitamarhi M.P. College, Mohania Baba Bhutnath College, Bagaha A.H.S.A. College Krishak College, Pakri Barwan M.B. College M.M.T. College K.S.T. College, Sohsarai G.N. Mishra College, Parsathua BLSY College, Naugachia A.N.S.M. College G.K.P.D. College B.S.S. College, Bachari, Piro Maharshi Chyawan College, Akhauripur Gola, Chousa, Buxar L.C.S. College M.S.Y. College M.G. College, Leharabad G.M.H.S.S.T. College, Bagaha G.D.M. College, Harnaut D.N.Y. College C.S. Janta College Bahera College, Bahera I.T.S.M. College, Bikramganj Al-hafeez College, Ara M.G. College

Source: AISHE, 2018, MHRD, Government of India.

228

3442 3331 3307 3300 3209 3202 3185 3182 3177 3140 3006

APPENDIX I

Table I.3 Required Number of Teachers in Constituent Colleges where Student– Teacher Ratio is More Than 50:1

Constituent college

Students Teachers STR

Additional required no. of teachers (STR= 50:1)

Mahant Shi’vshankar Giri College, Areraj, East Champaran Shiv Deni Ram Ayodhya Prasad College, Barachakia S.B.S.S. College Sri Narayan Singh College, Motihari R.P.S. College, Chakiya, East Champaran R.D. College, Sheikhpura R.L.S.Y. College Jawaharlal Nehru Memorial College, Ghorasahan C.N.D. Sahebganj, Muzaffarpur R.S.S.Sc. College, Sitamarhi S.K. Mahila College Hotilal Ramnath College, Amnour Forbishganj College, Forbisganj Marwari College L.N.D. College, Motihari C.M.J. College Bihar National College D.B. College L.N.J. College R.R.S. College, Mokamah J.N. College Marwari College, Kishanganj K.L.S. College, U.R. College, Rosera A.N.D. College S.N. College, Shahmal Khairadeo M.J.K. College, Bettiah R.B. College S.N. Sinha College, Warsaliganj Tarkeshwar Prsasad Verma College, Narkatiyaganj S.B. College, Ara D.B.K.N. College K.K.M. College, Jamui

5318

4

1330

102

6434

5

1287

124

9902 4937

8 5

1238 987

190 94

4647

5

929

88

2710 3551 3388

3 4 4

903 888 847

51 67 64

2184

3

728

41

2432 5343 2358

4 9 4

608 594 590

45 98 43

7056

13

543

128

5410 5383 3201 1034 3093 3399 3196 4525 4890 4406 4154 4135 3675

10 10 6 2 6 7 7 10 11 10 10 10 9

541 538 534 517 516 486 457 453 445 441 415 414 408

98 98 58 19 56 61 57 81 87 78 73 73 65

7276 5543 3951

18 14 10

404 396 395

128 97 69

3872

10

387

67

7653 7209 5241

20 19 14

383 379 374

133 125 91

229

(Continued)

APPENDIX I

Table I.3 Continued

Constituent college

Students Teachers STR

Additional required no. of teachers (STR= 50:1)

Maharaja College, Ara R.D.S. College, Salmari D.K. College, Dumraon G.D. College J. K. College, Biraul A.N.S. College, Nabinagar B.R.B. College Munshi Singh College, Motihari Murarka College, Sultanganj M.J.M. Mahila College, Katihar Narayan College Goreya Kothi Dr Krishna Singh Mahila College, Motihari M.K.S. College Samta College, Jandaha, Vaishali A.N.S. College, Barh S.D. College, Kaler H.P.S. College, Madhepur A.P.S.M. College S.P.M. College, Udantpuri C.M.B. College K.V.Sc. College, Sri Laxmi Kishori College, Sitamarhi M.M. Mahila College, Ara T.P. College, Madhepura A.S. College, Bikramganj R.M.W. College J.S. College, Chandaul, Sitamarhi K.P. College, Murliganj C.M. Law College K.D.S. College, Gogri B.M. College, Rahika J.M.S. College, Munger T.S. College, Hisua U.P. College M.V. College, Buxar R.N.A.R. College Jagjeevan College, Ara Khemchand Tarachand College, Raxaul Samastipur College

11541 2137 5974 10138 3797 2717 7002 7805

32 6 17 29 11 8 21 24

361 356 351 350 345 340 333 325

199 37 102 174 65 46 119 132

6348 3159

20 10

317 316

107 53

2472 3070

8 10

309 307

41 51

4290 3980

14 13

306 306

72 67

6627 3585 2967 3241 3221 2281 3987 1416

22 12 10 11 11 8 14 5

301 299 297 295 293 285 285 283

111 60 49 54 53 38 66 23

4767 10073 5596 3875 820

17 36 20 14 3

280 280 280 277 273

78 165 92 64 13

3802 800 1583 1825 2074 5702 2328 7744 3350 4635 4092

14 3 6 7 8 22 9 30 13 18 16

272 267 264 261 259 259 259 258 258 258 256

62 13 26 30 33 92 38 125 54 75 66

6642

26

255

107

230

(Continued)

APPENDIX I

Table I.3 Continued

Constituent college

Students Teachers STR

Additional required no. of teachers (STR= 50:1)

R.C.S. College H.S. College, Haweli Kharagpur M.H.M. College, Sonbarsa S.V.P. College, Bhabua J. N. College, Nehra Braj Mohan Das College, Dayalpur, Vaishali Sri Shankar College, Sasaram Women’s College Shri Ramkrishna Goyanka College, Sitamarhi S.N.S. College, Tekari M.L. Arya College, Kasba S.M.S.G. College, Sherghati Kamla Rai College, Gopalganj G.M.R.D. College R.K. College Daudnagar College, Daudnagar Rohtas Mahila College, Sasaram B.N. College, Bhagalpur Women’s Training College S.U. College, Hilsa R.C. College, Dholi, Sakra, Muzaffarpur Millat College R.N. College Deochand College, Hajipur Dr L.K.V.D. College Jiwachh College, Motipur, Muzaffarpur D.S.M. College, Jhajha J.L.N. College, Dehri-on-one K.S. College Nalanda Mahilla College, Biharshariff Vidya Bhawan Mahila College,Siwan R.L.S.Y. College, Bettiah S.P. Jain College, Sasaram H.D. Jain College, Ara S. Sinha College Hari Ram College, Mairwa

4082 1741

16 7

255 249

66 28

1711 5220 1888 2115

7 22 8 9

244 237 236 235

27 82 30 33

4921 4189 3006

21 18 13

234 233 231

77 66 47

2771 4140 3374 4258 1978 9624 2989

12 18 15 19 9 44 14

231 230 225 224 220 219 214

43 65 52 66 31 148 46

2332

11

212

36

4163 200 3170 967

20 1 16 5

208 200 198 193

63 3 47 14

3477 2503 3440 2459 1311

18 13 18 13 7

193 193 191 189 187

52 37 51 36 19

1496 4591 3575 2679

8 25 20 15

187 184 179 179

22 67 52 39

1392

8

174

20

8158 7101 8805 10063 818

47 41 51 61 5

174 173 173 165 164

116 101 125 140 11

231

(Continued)

APPENDIX I

Table I.3 Continued

Constituent college

Students Teachers STR

Additional required no. of teachers (STR= 50:1)

S.N. Sinha College, M.L.S. College Purnia Mahila College, Purnia M.M. College, Bikram R.B.B.M. College, Muzaffarpur T.P.S. College M.K. College H.S. College, Udakishunganj Ram Jaipal College, Chapra R.D.S. College, Muzaffarpur G.L.M. College, Banmankhi R.B.S. College, Andaur Vanijya Mahavidayala G.B. College, Naugachia R.N. College, Hajipur R.L. College, Madhawnagar Vaishali Mahila College, Hajipur M.R.M. College Gram Bharti College, Ramgarh Rameshwar Singh College, Muzaffarpur Koshi College, Khagaria S.S.V. College, Kahalgaon Nirmali College, Nirmali Sri Raghav Prasad Singh College, Jaintpur, Muzaffarpur T.N.B. College, Bhagalpur Gopeshwar College, Hathua C.M. College J.N.L. College, Khagaul Patna Law College Marwari College, Bhagalpur J.R.S. College, Jamalpur S.B.A.N. College, Darheta Lari J.D. Women’s College L.N.T. College, Muzaffarpur Yadunandan College, Dighwara B.N.M. College, Barhaiya A.M. College J.P. College, Narayanpur Sri Arvind Mahila College Gaya College, Gaya

3724 786 3110 2286 1937

23 5 20 15 13

162 157 156 152 149

51 11 42 31 26

4795 2161 718 2684 6941 1383 1922 1502 2592 7043 1166 1680

33 15 5 19 50 10 14 11 19 53 9 13

145 144 144 141 139 138 137 137 136 133 130 129

63 28 9 35 89 18 24 19 33 88 14 21

3215 4062

25 32

129 127

39 49

3132

25

125

38

2253 3856 2222 614

18 31 18 5

125 124 123 123

27 46 26 7

6253 2078 5498 1450 842 5382 1552 2598 4957 2360 1765

51 17 45 12 7 45 13 22 42 20 15

123 122 122 121 120 120 119 118 118 118 118

74 25 65 17 10 63 18 30 57 27 20

806 3335 1833 4554 13447

7 29 16 40 119

115 115 115 114 113

9 38 21 51 150 (Continued)

232

APPENDIX I

Table I.3 Continued

Constituent college

Students Teachers STR

Additional required no. of teachers (STR= 50:1)

Shershah College, Sasaram P.B.S. College, Banka R.K.D. College Laxmi Narayan College, Bhagwanpur, Vaishali S.S. College Purnia College, Purnia S.M. College, Bhagalpur Bhola Prasad Singh College, Bhore Kisan College, Sohsarai K.B. Jha College, Katihar B.R.M. College, Munger Jamalpur College, Jamalpur A.N. College Nalanda College, Biharshariff Sabour College, Sabour Jai Prakash Mahila College, Chapra M.D. College, Naubatpur K.S.M. College G.J. College, Rambagh, Bihta Mahila College, Dalmianagar L.S. College, Muzaffarpur J.J. College Dayanand Anglo Vedic College, Siwan R.Jha Mahila College, Saharsa Araria College, Araria M.D.D.M. College, Muzaffarpur V.S.J. College Ram Bilas Ganga Ram College, Maharajganj B.M.A. College B.S. College, Danapur Rajendra College, Chapra L.N.M.S. College, Birpur R.P.M. College, Patna City Nimbark Krishna Madhawanand Skt. College, Dhanamath, Patna Ramsewak Singh Mahila College, Sitamarhi Nitishwar College, Muzaffarpur C.M.Sc. College

4310 1545 4944 3261

39 14 45 30

111 110 110 109

47 17 54 35

3301 5294 4855 525

31 50 46 5

106 106 106 105

35 56 51 6

3710 4015 1636 1020 8727 4530 4301 1769

36 39 16 10 89 47 45 19

103 103 102 102 98 96 96 93

38 41 17 10 86 44 41 16

1106 3210 2094 2276 6333 2785 2486

12 35 23 25 70 31 28

92 92 91 91 90 90 89

10 29 19 21 57 25 22

3804 861 3593

44 10 42

86 86 86

32 7 30

1537 803

18 10

85 80

13 6

1475 3204 2947 882 1371 211

19 42 39 12 19 3

78 76 76 74 72 70

11 22 20 6 8 1

703

10

70

4

1263

18

70

7

2348

34

69

13 (Continued)

233

APPENDIX I

Table I.3 Continued

Constituent college

Students Teachers STR

Additional required no. of teachers (STR= 50:1)

Mahila College, Khagaul M.S.K.B. College, Muzaffarpur Mahendra Mahila College, Gopalganj J.M.D.P.L.M. College M.A.M. College, Naugachia Patna College Prabhu Nath College, Parsa Magadh Mahila College T.N.B. Law College, Bhagalpur Dr Ram Manohar Lohiya Smarak College, Muzaffarpur K.S.S. College, Lakhisarai B.D. College Dharma Samaj Sanskrit College, Muzaffarpur D.S. College, Katihar College of Commerce R.S. College, Tarapur Jaglal Chaudhary College, Chapra Prithwi Chand Vigyan College, Chapra Raja Singh College, Siwan

1167 1356

17 20

69 68

6 7

399

6

67

2

4271 2262 1920 506 3834 1201

66 35 30 8 62 20

65 65 64 63 62 60

19 10 8 2 15 4

1667

28

60

5

932 4928 278

16 88 5

58 56 56

3 11 1

1924 10135 541 533

35 187 10 10

55 54 54 53

3 16 1 1

503

10

50

0

753 720315

15 4271

50

0 10135

Source: AISHE, 2018, MHRD, Government of India.

Table I.4 Required Number of Teachers in Private Affliated Colleges where Student–Teacher Ratio is More Than 50:1 Private affliated colleges

Required no. of Students Teacher STR teachers (STR= 50:1

A.N.S.M. College C.S. Janta College, Jehanabad College, Jehanabad F. Sanda College, Fatehpur B.B.M. College, Okari A.H.S.A. College A.B.R. College, Sasaram

3542 3185 2844 2822 2397 4783 2195

1 1 1 1 1 17 12

3542 3185 2844 2822 2397 281 183

70 63 56 55 47 79 32 (Continued)

234

APPENDIX I

Table I.4 Continued Private affliated colleges College of Teacher Education, Bhagalpur Bahera College, Bahera M.P. College, Mohania L.B.T. College, Buxar D.N.S. College, Bhusia, Rajoun Baba Bhutnath College, Bagaha B.S.S. College, Bachari, Piro Maharshi Chyawan College, Akhauripur Gola, Chousa, Buxar G.M.H.S.S.T. College, Bagaha Maharaja Law College, Ara Lok Mahavidyalaya, Hafpur, Baniyapur Dr K.K. Mandal College, Jagdishpur Kunwar Singh College, Ara K.N. Singh College, Itarhi, Buxar Krishak College, Pakri Barwan M.G. College Government Medical College I.T.S.M. College, Bikramganj Jawahar Lal Nehru Memorial College, Sitamarhi Al-hafeez College, Ara K.P.S. Sna College, H.Ganj C.C.S. College, Rajpur Mahila College, Daudnagar K.S.T. College, Sohsarai F.D.K. Jha College D.N.Y. College Mahila College, Warsaliganj Mahathin Maa College, Bihiya B.G. College, Bhabua D.K.M. College, Dumri M.G. College, Leharabad M.D.R.P.D.M. College, Bhabua D.S.S.V. College, Simari Govt. Girls’ College, Gulzarbagh K.S.R. College, Sarairanjan Jan Sahkari D.C. Barap, Garahni Jagjiwan College, Dehri-on-Sone

Required no. of Students Teacher STR teachers (STR= 50:1 180

1

180

3

3182 5384 2033 8541 5088 3492 3464

20 34 13 55 37 26 26

159 158 156 155 138 134 133

44 74 28 116 65 44 43

3300 835 9304

26 7 79

127 119 118

40 10 107

2599

23

113

29

2999 1838

27 17

111 108

33 20

4401 8948 100 3177 5705

42 89 1 32 58

105 101 100 99 98

46 90 1 32 56

3140 1399 2565 2697 3978 5918 3202 2184 1623 2820 2886 3307 2536 2609 1999

33 15 28 30 45 70 38 26 20 36 37 44 34 35 27

95 93 92 90 88 85 84 84 81 78 78 75 75 75 74

30 13 23 24 35 48 26 18 12 20 21 22 17 17 13

7758 2580

105 35

74 74

50 17

2430

33

74

16 (Continued)

235

APPENDIX I

Table I.4 Continued Private affliated colleges J.K. College, Fatehpur G.N. Mishra College, Parsathua G.B. Balika Vidyapith, Ramgarh Govt. Girls’ College, Gardanibagh G.K.P.D. College M.M. College, Chandi B.L.S.Y. College, Naugachia M.B. College H.N.S.B. Janta College, Dhansoi Baba Vishwanath Kedarnath Vimala College B.N. College, Indour Baba Ganinath College, Dehri-on-Sone B.D. College, Barsoi B.S. College, Hata Chenari I.D.B.P.S. College, Garh Nokha G.R.Skt. College, Mahiya Chapra G.D.M. College, Harnaut Bisheshwaar Dayal Sinha Memorial Mahila College, Chapra J.K.T. Law College, Buxar M.G. College M.S.Y. College Total

Required no. of Students Teacher STR teachers (STR= 50:1 940 3968 1242 1513

13 57 18 22

72 70 69 69

6 22 7 8

3533 1387 3844 4190 1617

52 21 59 69 27

68 66 65 61 60

19 7 18 15 5

1631

28

58

5

2667 1564

46 27

58 58

7 4

1134 2874 2430 429

20 52 45 8

57 55 54 54

3 5 4 1

3209 683

60 13

53 53

4 1

980 3006 3331 198141

19 59 66 2119

52 51 50

1 1 1 1844

Source: AISHE, 2018, MHRD, Government of India.

236

APPENDIX II

Table II.1 University Teachers’ Gender-Wise Distribution in Social Categories University teachers

Postdoctorate Ph.D. M.Phil Postgraduate Undergraduate Below Undergraduate Grand Total

General

OBC

SC

ST

Grand Total

Govt. Private Govt. Private Govt. Private Govt. Private Govt.

Private

44 3424 66 3577 78 2 7191

33 1445 41 5999 339 18 7875

17 1037 28 3407 219 11 4719

12 1497 43 2325 38 3915

16 392 12 2363 106 4 2893

2 142 3 312 13 472

15 209 8 3 235

19 2 35

1 1 20 6

56

28

58 5082 114 6249 129 2 11634

Source: AISHE, 2018, MHRD, Government of India.

Table II.2 Government College Teachers’ Gender-Wise Distribution in Social Categories Government college

Assistant Prof. & equiv. Associate Prof. & equiv. Prof. & equiv. Temporary Others1 Total

General

OBC

SC

Female Male

Female Male

Female Male Female Male

Female Male

826 461 124 68 65 1544

419 130 36 25 29 639

54 9 3 1 14 81

1316 605 163 94 109 2287

2892 1796 366 255 341 5650

2147 729 155 75 170 3276

ST

242 87 20 5 37 391

Source: AISHE, 2018, MHRD, Government of India, From TIF data of AISHE. Note: 1Demonstrator, Director, Principal, Tutor & Additional Professor

237

17 5 0 0 1 23

Total

19 8 3 1 2 33

5300 2620 544 336 550 9350

APPENDIX II

Table II.3 Government College Teachers’ Gender-Wise Distribution in Social Categories (In Percent) Government college

General

OBC

SC

ST

Total

Female Male Female Male Female Male Female Male Female Male Assistant Prof. & equiv. Associate Prof. & equiv. Prof. & equiv. Temporary Others1 Total

22 20 25 21 16 21

78 80 75 79 84 79

16 15 19 25 15 16

84 85 81 75 85 84

18 9 13 17 27 17

82 91 87 83 73 83

47 38 0 0 33 41

53 62 100 100 67 59

20 19 23 22 17 20

80 81 77 78 83 80

Source: AISHE, 2018, MHRD, Government of India, From TIF data of AISHE. Note: 1Demonstrator, Director, Principal, Tutor & Additional Professor

Table II.4 Gender Composition of University Teachers University teachers

Assistant Prof. & equiv. Associate Prof. & equiv. Prof. & equiv. Temporary Others1 Total

General

OBC

SC

ST

Total

Female

Male Female Male Female Male Female Male Female Male

79 61 53 20 12 225

324 229 284 48 39 924

25 15 6 3 12 61

114 74 70 12 21 291

7 2 0 0 1 10

Source: AISHE, 2018, MHRD, Government of India, From TIF data of AISHE. Note: 1Demonstrator, Director, Principal, Tutor & Additional Professor

238

59 14 10 0 10 93

5 0 1 0 0 6

6 4 0 0 0 10

116 78 60 23 25 302

503 321 364 60 70 1318

APPENDIX III

Table III.1 Expenditure on Education as a Percentage of Total Expenditure Year

Bihar

All States

2001–02 2002–03 2003–04 2004–05 2005–06 2006–07 2007–08 2008–09 2009–10 2010–11 2011–12 2012–13 2013–14 2014–15 2015–16 2016–17 (RE) 2017–18 (BE)

20.7 18.4 18.9 15.8 19.6 19.7 17.6 18.5 18.1 16.3 17 20.9 18.7 17.5 17.1 15.6 16.5

16.2 15.1 12.6 12.7 14.2 14 13.8 1.3 15.3 16.6 16.3 16.4 16.5 16 15.3 14.8 14.8

Source: State Finances, Study of Budgets, RBI, 2018–19, available on https://rbidocs.rbi. org.in /rdocs/Publications/PDFs/0SF201718_FULL6EE17CFBD8004287A0CD4FDB0632AFE8.PDF accessed on 20 April, 2019.

Table III.2 Percentage of Education Budget of Education Department to GSDP: Comparison between Bihar and All India Base Year 2011–12

(2014–15)

2011–12

(2013–14)

Current price

(2012–13)

State

% of Education Budget ofEducation Department to GSDP

Bihar All India Bihar All India Bihar All India

6.40 3.25 4.97 3.25 3.95 3.45

239

(Continued)

APPENDIX III

Table III.2 Continued Base Year Current price

(2011–12)

Current price

(2010–11)

Current price

(2009–10)

Current price

(2008–09)

1999–00

(2006–07) (2007–08) (2005–06) (2006–07)

1999–00

State

% of Education Budget ofEducation Department to GSDP

Bihar All India Bihar All India Bihar All India Bihar All India Bihar All India Bihar All India

4.08 3.36 3.78 3.14 4.73 3.17 4.86 3.78 5.30 3.07 5.62 3.01

Source: Analysis of Budgeted Expenditure, MHRD, Government of India for various years.

Table III.3 Expenditure on Primary, Secondary and Higher Education in Relation to Total Expenditure Year

Primary

Secondary

Higher

2004–05 2005–06 2006–07 2007–08 2008–09 2009–10 2010–11 2011–12 2012–13 2013–14 2014–15 2015–16 2016–17 (RE) 2017–18 (BE)

68 65 63 68 61 63 62 69 68 52 68 69 69 65

18 16 20 16 21 20 21 19 19 20 19 19 19 19

14 18 16 15 14 12 12 12 13 28 13 12 12 16

Source: Analysis of Budgeted Expenditure, MHRD, Government of India for various years.

Table III.4 Distribution of Expenditure on Higher Education Assistance Direction & to Government Other Total administration universities colleges Scholarships expenditure 2004–05 2005–06 2006–07 2007–08 2008–09

100 100 100 100 100

0.19 0.10 0.12 0.10 0.10

97 98 98 96 96

2.74 2.04 1.89 3.60 3.45

0.36 0.23 0.25 0.16 0.25 (Continued)

240

APPENDIX III

Table III.4 Continued Assistance Direction & to Government Other Total administration universities colleges Scholarships expenditure 2009–10 2010–11 2011–12 2012–13

100 100 100 100

0.05 0.10 0.09 0.09

97 97 95 97

2.67 2.30 1.94 1.62

2.12 1.07

0.15 0.15 0.62 0.03

Source: Analysis of Budgeted Expenditure, MHRD, Government of India for various years.

Table III.5 Distribution of Plan and Non-Plan Expenditure on University/Dl/ Scholarship Year

Plan

Non-Plan

2004–05 2005–06 2006–07 2007–08 2008–09 2009–10 2010–11 2011–12 2012–13

1 0 6 9 6 18 10 6 4

99 100 94 91 94 82 90 94 96

Source: Analysis of Budgeted Expenditure, MHRD, Government of India for various years.

Table III.6 Real and Current Budgeted Expenditure Per Student on Higher Education, MHRD

2004–05 2005–06 2006–07 2007–08 2008–09 2009–10 2010–11 2011–12 2012–13 2013–14 2014–15 2015–16 2016–17

Real expenditure per student (in Rs)

Current expenditure per student (in Rs)

9603 11426 10001 7944 7646 6792 7108 8887 11209 12761 14883 16304 18954

9603 11811 10960 9131 9551 8684 9957 13628 18485 22377 27088 28863 34225

Source: Analysis of Budgeted expenditure on Education, MHRD, Govt. of India different years. Notes: 1Between 2013–14 and 2016–17, current expenditure CARG is 21.7% 2 https://eaindustry.nic.in/download_data_0405.asp 3 Between 2004–05 and 2007–08, enrolment CARG is 17%; between 2007–08 and 2011–12, enrolment CARG is 10%; between 2012–13 and 2014–15, enrolment CARG is 5%

241

APPENDIX III

Table III.7 Calculation Behind Real and Current Budgeted Expenditure Per Student on Higher Education, MHRD

2004–05 2005–06 2006–07 2007–08 2008–09 2009–10 2010–11 2011–12 2012–13 2013–14 2014–15 2015–16 2016–17

WPI*

Current Expenditure** (in Rs.)

Defator

Real expenditure in thousands (base year = 2004–05) (in Rs.)

100 103 110 115 125 128 140 153 165 175 182 177 181

5316896 7651144 8306799 8105631 9342837 9361423 11828018 17832936 25644055 31217790 38002977 46262924 56318171

1 0.967399 0.912492 0.870019 0.800512 0.782105 0.713878 0.652103 0.606355 0.570288 0.54942 0.564876 0.553802

5316896 7401706 7579888 7052054 7479056 7321620 8443759 11628912 15549391 17803131 20879609 26132816 31189107

Real expenditure Estimated per student enrolment*** (in Rs.)

Current expenditure per student (in Rs.)

553693 647821 757950 887675 978218 1077996 1187952 1308591 1387263 1395083 1402947 1602860 1645518

9603 11811 10960 9131 9551 8684 9957 13628 18485 22377 27088 28863 34225

9603 11426 10001 7944 7646 6792 7108 8887 11209 12761 14883 16304 18954

Source: Ministry of Commerce and Industry, Government of India available at *https://eaindustry.nic.in/download_data_0405 .asp accessed on January 18, 2021. **Between 2013–14 and 2016–17, current expenditure CARG is 21.7% ***Between 2004–05 and 2007–08, enrolment CARG is 17% Between 2007–08 and 2011–12, enrolment CARG is 10% Between 2012–13 and 2014–15, enrolment CARG is 5%

Table III.8 Percentage of Real Expenditure Per Student to Per Capita NSDP

Years

Per capita NSDP Real expenditure per (Base year = student (base year = 2004–05) * 2004–05) **

Percentage of real expenditure per student to per capita NSDP

2004–05 2005–06 2006–07 2007–08 2008–09 2009–10 2010–11 2011–12 2012–13 2013–14 2014–15

7914 7588 8759 9070 10297 15457 19111 22582 26948 31199 36143

121 151 114 88 74 44 37 39 42 41 41

9603 11426 10001 7944 7646 6792 7108 8887 11209 12761 14883

* Source: RBI: Handbook of Statistics 2017–2018. ** Appendix III, Table 7

242

APPENDIX III

Table III.9 Percentage of Higher Education Expenditure to NSDP

Years

Real expenditure in NSDP at factor thousands (base year cost in lakhs (base = 2004–05) * year=2004–05) **

Percentage of higher education expenditure to NSDP

2004–05 2005–06 2006–07 2007–08 2008–09 2009–10 2010–11 2011–12 2012–13 2013–14 2014–15

5316896 7401706 7579888 7052054 7479056 7321620 8443759 11628912 15549391 17803131 20879609

0.76 1.00 0.83 0.69 0.58 0.49 0.45 0.52 0.58 0.56 0.56

7016688 7414407 9133137 10285290 12969010 14815106 18574528 22244154 26890238 31522493 36957603

Source: * See Appendix III, Table 7. ** RBI: Handbook of Statistics 2017–2018

243

INDEX

Academic Council 26–27, 37, 47, 49, 53–54, 68, 72, 85, 97, 218 academic xii, xiii, xiv, 1–2, 4–6, 12, 14–15, 17–8, 21–22, 24–28, 31–32, 34, 37, 39–42, 44–54, 60, 63, 68, 71–72, 80, 83–87, 93–95, 97, 99, 102–05, 108, 110–12, 127–28, 131, 135, 139, 142, 158, 163, 183–84, 186, 189, 197, 204–05, 211–13, 215–18, 221, 224–25 academic reform xiii, xiv, 17, 52, 53 access 7, 10, 20, 86, 101, 153, 156, 162, 178, 192, 197–98 accountability xi, xv, 1, 5, 6, 9, 67, 131, 214 act xii, xiv, 10, 24, 28, 31, 33, 36–37, 39–40, 44, 51, 65, 68, 88, 91, 94, 138, 156, 210, 215 administration xii, xvi, 1, 4–5, 8–9, 14–15, 17, 20, 33, 52, 61–64, 72, 92–96, 99, 109, 128–30, 143–44, 162, 186, 190, 202–05, 211, 213, 219, 240–41 admission xii, xiii, 1, 11, 31, 53–4, 56, 67, 69–70, 72, 75, 84–85, 90, 94, 100–02, 104–05, 107–09, 126–27, 142–43, 149, 160–62, 180, 183, 185–86, 190–95, 211, 220, 221, 223, 224 affliation xii, xiv, 1, 10–12, 17–18, 31–32, 34, 36, 47–48, 65–66, 68, 74–75, 79, 81–5, 88–89, 92, 108–09, 111, 149, 152–54, 156–63, 171–72, 191, 205–07, 215, 219–20, 223–24 Agarwal, P 13, 201, 212 Altekar, AS 16, 35 Amaral, A 14

attendance xii, xv, 8, 13, 37–38, 44, 48, 67, 85–86, 101–02, 104, 142, 158, 160, 184–85, 192, 194–98, 221, 224 audit 13, 18, 45, 172–73, 175–6 autonomy xi, xiii, xiv, 1–4, 6, 10–11, 13–14, 26–28, 33, 38, 40–41, 56, 65, 67, 71–72, 86, 91, 93, 101–02, 107–08, 142, 201, 206, 211, 214, 216, 221 Bardhan, PK 201, 212 Bauer, M 14 Bhushan, S. 3, 4, 7, 13, 14, 72 Bihar Economic Survey 164, 176 Bihar Public Service Commission ix, 22–23, 33, 63, 119–21, 131, 209–10, 222 Bihar vi, vii, viii, ix, xi, xiv, xv, xvi, 7–13, 16–49, 53, 55, 57–60, 63, 65, 67–80, 82, 84–94, 96–97, 99–101, 103–05, 108–11, 113–34, 136–41, 144–45, 147–51, 153–54, 156–59, 164–70, 172–92, 195–98, 200–12, 214–17, 220–24, 229, 231, 233, 239, 240 biometric xii, xv, 8, 44, 48, 104, 160 Bleiklie, I 14 Blessinger, P 6, 15 Board of Governors 6, 218 Bourdieu, P 8, 14, 200, 212 budget vi, viii, 12, 17–18, 28, 48, 60, 64, 76, 102, 107, 120, 140–41, 161, 164–68, 172, 176, 210, 223, 239–42 budget, budgetary, budgeting vi, xiv, 12, 17–18, 28, 48, 60, 64, 76, 102, 107, 120, 140–141, 161, 164–68, 172, 176, 210–11, 223, 239–42 bureaucracy 8, 43, 157, 208, 210

244

INDEX

causation 7, 8 central government xi, xiii, xiv, 2, 22, 39, 41, 43, 65, 76–77, 90, 103, 122, 128–29, 141, 145, 221 centralization, centralized xiii, xiv, 1, 4, 6, 9, 10, 26, 36, 38–39, 49, 53, 67, 71, 91, 101–04, 107–09, 112, 121–22, 143–44, 161, 169, 171, 183, 190, 193, 195, 202, 206, 209–11, 214, 217, 221 Chancellor xii, xiv, xvi, 10–11, 18, 26–28, 32–34, 36–45, 47–56, 60–61, 68–72, 85, 88, 90–92, 97, 103–04, 107–10, 121, 128, 130–33, 136, 138–39, 146, 157, 161, 163, 172, 173, 175–76, 202–08, 215–19, 221 Chandra, P 1–2, 4, 14, 212 Chattopadhyay, S. 5, 14 college v, vii, viii, ix, xii, xiii, xiv, xvi, 2, 4–5, 7, 9–13, 17–29, 31–34, 37, 46–49, 51–52, 54, 57–60, 62–63, 65–68, 71–72, 74–111, 113, 115–28, 130, 132–34, 136, 138–47, 149–63, 166–67, 169–71, 178, 181–99, 204–09, 211–12, 215–16, 218–25, 227–38, 240–41 constituent vii, viii, xii, xiv, 11–13, 18–19, 23, 28, 31, 33–34, 47, 57–58, 66, 75–82, 85–89, 92–94, 96–99, 108, 113, 115, 118–24, 127–28, 130, 132, 134, 136, 139, 140–42, 144–46, 149–57, 159–60, 166, 169–70, 182–84, 192, 197, 209, 216, 219–20, 222–24, 227, 229–34 constitution, constitutional xii, 2, 23–5, 31, 36, 54, 56, 59, 65, 71, 98, 108, 127–28, 130, 163, 218, 222 co-ordination 10, 31–2, 34, 41, 48, 57, 60, 66–67, 69, 90–91, 108, 172, 206, 215, 219–20, 225 corruption 24, 26, 66, 119, 209, 211 curriculum xiii, 3, 102, 106, 172 Dahl, RA 200, 212 decentralization, decentralized xi, xiii, 4, 25, 33, 112, 119, 121–22, 127, 144, 209, 218, 220 democracy, democratic 4,6, 36, 41, 43, 50–51, 53, 55–56, 65, 71, 107, 189, 202, 204–05, 212, 216, 218 department vi, vii, viii, xii, xvi, 4, 10, 17–23, 28–30, 33, 45, 47, 49, 52–54,

58, 63, 66, 69, 85, 96–97, 101–02, 105, 113–15, 117–19, 122, 125, 132, 134, 139, 143, 145, 150, 159, 161, 166, 170, 176, 179–85, 187, 189–90, 192, 195, 198, 215–16, 218, 224, 239–40 Deshpande, JV 2, 14, 212 Directorate of Education 17, 82 dynamics 8, 11, 37, 86, 128–29, 131, 202, 210, 214 effciency xiii, 5, 9, 12, 38, 53, 64, 101, 104, 108, 158, 164, 175–76, 201–02, 211, 218–19, 221, 224 equity 6–7, 10, 19, 34, 106, 178, 190, 201, 215 expenditure vi, viii, 5, 12, 17, 60, 62, 72, 154, 164–69, 174, 176, 204, 223, 239–43 failure of governance xiv, xv, 11, 81, 200, 201, 206, 211, 225 fnancing v, xii, xiv, 2, 5, 9, 12, 18, 33, 36–7, 69, 164–77, 193, 218, 220, 224 focus group discussion 13, 101–02, 189 freedom 1–4, 6, 9, 12, 14, 86, 143, 149–50, 202 GeM 18, 175–76, 224 gender viii, 13, 112–13, 115–16, 118, 178, 190, 237–38 Gnanam Committee xi, 39–40, 42–43, 45, 65, 73, 94, 216 Gornitzka, A. 8, 14 governance v, xi, xii, xiii, xiv, xv, xvi, 1–14, 16–100, 101–13, 118–20, 125, 128–131, 141–43, 145, 149–50, 153, 155–58, 160, 162–64, 171, 178–9, 181, 183, 185, 186, 200, 201–16, 218–25 Goyal, Y 14, 213 grade 2–3, 5, 53, 57, 75–76, 87, 95, 97, 122, 132–33, 135–37, 145–46, 157, 201 grants x, xi, xii, 2, 10, 12–13, 17–18, 23, 28, 37, 47, 60, 62, 73, 79–80, 83, 87, 109, 111, 127, 140, 150, 153–54, 158–59, 161, 171, 175–76, 204, 219, 224–25 gross enrolment ratio (ger) xiii, 13, 120, 172, 224

245

INDEX

guidelines xiii, xv, 5, 19, 22, 34, 37, 53, 63, 68, 92, 94, 103, 158–59, 171 Guruswamy, M 16, 35 Hatekar, N 2, 14 Henkel, M 14 high authority 41, 216 Higher Education Council 3, 22, 32, 34, 40–41, 215, 217, 219 higher education v, vi, vii, viii, ix, x, xi, xii, xiii, xiv, xv, xvi, 1–15, 17–18, 21–22, 27–36, 38–41, 45, 48–49, 53, 60, 65–67, 73–76, 80, 85, 89, 91, 95, 99, 102–06, 112–13, 115, 117–20, 122, 127–31, 136, 144–45, 147, 149–79, 181, 183, 185–91, 196–215, 217, 219–20, 222–25, 240–43 inclusive, inclusion 6, 15, 17, 53, 65, 112, 210 Inspector 37, 46, 48, 60, 63, 71–72, 89, 109, 161, 204, 218 institution v, ix, xi, xii, xiii, xiv, xv, 1–10, 12–14, 16–35, 51, 54, 57, 65–67, 69, 76, 84, 87, 90–91, 95, 102, 106, 112, 122, 127–29, 136, 143, 145, 149–51, 153, 158, 162, 172, 178–79, 182, 185–87, 190, 197–98, 201–02, 204, 206, 209, 211–15, 222, 224–25 interest group 12, 119, 149, 155, 223 judiciary 8, 13, 27, 42, 92, 200, 203, 206, 210 justice 7, 12, 31, 60, 92, 98, 106–07, 124–25, 145, 203, 209, 216 Kakodkar, A, et al. 2, 14 Kapur, D 2, 14, 201, 212 Kaul, A 16, 35 Kogan, M 8, 14 Kumar CR 2, 3, 14, 213 Kumar, A 89, 99, 100, 110, 201, 212 Kumar, R 208, 212 Kumāra, BB 16, 35 leader, leadership 4, 6, 12, 15, 51, 53, 93–4, 101, 150–3, 158–59, 208, 210, 212, 216–27, 221, 224 library 10, 30–31, 34–35, 51, 54, 100, 103, 142–43, 158, 185, 196

Mahavidyalaya 19, 150, 182, 228, 235 management vii, ix, xi, xii, xiv, 1, 5, 11–13, 18–20, 27, 29, 31–32, 34–35, 40, 43, 45, 47, 53, 57, 59, 73, 75–77, 80–82, 85–89, 91–92, 94, 100–01, 108–09, 111–12, 120, 127–28, 136, 139–41, 149–50, 152–53, 155, 159–62, 169, 171–73, 175–76, 179–82, 184, 187, 206, 215, 218, 220–22, 224 manager, managerialism 5, 106, 162 Mandal, RB 16, 35 market ix, 3, 6, 8, 18, 91, 96, 106–7, 190, 196, 200–01, 206, 211, 214 Mathur, K 201, 213 Mehta, PB 2, 14, 201, 212 Ministry of Human Resources Development (MHRD) (1987) 135, 147, 178, 199 Mishra, BK 100, 110, 120, 147 National Assessment and Accreditation Council (NAAC) x, xii, 7, 18–19, 34, 48, 75, 84, 105, 143, 160, 208 National Employability Report 17, 35 Offcer 10, 22–7, 36–8, 40, 44–49, 51, 54, 57, 60–63, 65, 69, 71–72, 75, 89, 93, 97, 119, 121, 158, 161, 175, 202–04, 217–18, 221 ordinance vii, xii, xiv, xv, 11, 18, 21, 25, 27, 31, 36–7, 40–42, 44, 52, 54–57, 65, 68–69, 72, 88, 96, 100, 119, 127, 129, 142, 172, 219 outcome 7, 52, 95 partnership 3, 28, 201, 214 Patna College 17, 19, 150, 234 Patna Law College 19, 232 Patna Science College 17, 19, 150 Patna Women’s College 17, 19 Patna xvi 16–21, 29–34, 36–37, 39, 41–44, 48–51, 53–55, 62, 64, 69–73, 78, 84, 96–101, 110–11, 114, 124, 126, 132, 139, 147–48, 150, 170, 172–73, 176–77, 182, 184, 186, 192, 197, 202–3, 205, 208, 212, 232–34 pension 10, 13, 18, 60, 63, 66, 70, 79, 171, 174–76, 203, 220, 224 performance ix, 3, 5, 13, 55, 92, 95, 131, 135, 158, 201, 221, 223 philanthropy 12, 149–52, 223

246

INDEX

planning xiv, xvi, 2, 14, 33, 47, 49, 54, 172 policy vii, x, xiii, xiv, 2, 6, 7–11, 13–14, 17–8, 28, 31, 33, 35, 47, 50, 51, 61–62, 67, 86–88, 102–3, 109, 113, 120, 122, 129, 131, 133–34, 136–38, 140–41, 145–46, 153, 161, 169, 186, 188, 190, 201, 205, 213, 215, 218, 221 political xi, xiv, 1, 4, 6, 8, 11, 14–15, 27, 38–40, 42–43, 46, 50–51, 83, 89, 92, 102, 106–07, 128, 149, 151–55, 159, 161–62, 183, 187, 189, 196, 200–01, 205, 209–10, 212, 216, 222–23 population 16, 32, 35 populist xv, 11, 36, 107, 128, 131, 136, 201, 223 postgraduate xii, viii, x, 17, 19–21, 25, 28, 30, 45, 47, 53, 69–70, 72, 83, 98, 100, 103, 115, 117, 119, 125, 152, 179–83, 185, 187, 190–92, 194, 197–98, 216, 218, 224, 237 power bloc 13, 91–92, 206, 208–10, 212, 225 power center 10, 27, 91, 202, 204–08, 210, 214, 225 Principal xiv, xvi, 11, 17, 22–24, 46–47, 49, 53, 59, 70–71, 75, 84, 86, 89, 93–100, 105–06, 109–11, 116, 118–19, 121, 142, 144, 150, 158–60, 191, 193, 203, 212, 221, 223, 237, 238 privatization xii, xiv, 9, 11, 88, 127, 149, 150, 211, 214 Professor xvi, xi, 22–7, 37, 41, 46–47, 68–9, 86, 95–97, 115–16, 118–22, 127, 129, 131–40, 144–47, 153, 170, 177, 184, 196, 222–23, 237–38 promotion vii, xiv, xv, 1, 4–5, 11, 21, 23–26, 31, 34, 36, 54–55, 65, 67–8, 72, 112, 119, 125–143, 146–47, 169– 70, 190–191, 208, 218–19, 222–23 public funding 1–2, 6, 12, 36, 64, 164, 169, 211, 222, 224 Qadir, A 59, 73, 90, 99, 110–11 quality xii, xiii, xv, 3–5, 7, 9–11, 17, 19, 21–23, 26, 28, 33–34, 38, 51, 53, 65–66, 74, 76, 80, 85–87, 102, 103, 105, 112, 118–19, 129–30, 141, 143, 155, 157, 162, 185–86, 192, 201–202, 211–12, 214–16, 222–24

Ram, R 4, 15 Ramanujam, P 14, 213 Ramaswamy, K 14, 213 rationality 7–8, 96, 98, 129–30, 155, 161, 200, 205, 209–10 recruitment xiv, 1, 5, 9–11, 17, 19, 22–26, 31, 33–34, 37, 52, 57, 60, 63, 65, 67, 68, 74, 80, 93–96, 100, 102, 109, 113, 118–22, 126–28, 134, 141, 143–45, 202, 204, 208–11, 216, 218–19, 221–23 Registrar vii, 10, 35, 37, 43–45, 48–49, 60–61, 63–65, 71, 97, 121, 174, 203–04, 212, 217–18 regulation xiii, xiv, 2–3, 7–8, 11, 13, 22–23, 27, 31, 33, 36–7, 40–42, 45, 53–56, 65, 68–69, 71–75, 79, 83–84, 88, 90–91, 93–96, 98–100, 103, 109, 111, 113, 118, 122, 126–29, 138, 142–43, 145–47, 156, 158, 162, 172–73, 190, 200–01, 210, 214, 218–19, 221–23, 225 regulatory x, xiii, 3, 6, 7, 31, 65, 94, 146, 200–01, 214, 219 Report of Expert Committee on Education 27, 35 restructuring 7, 17, 28–29, 214 returns 12 rules 1–3, 89, 13, 42, 54, 59, 66, 73, 84, 93, 106, 128–9, 138, 142–43, 158, 162, 169, 171, 201–2, 210–11, 214, 223, 225 Scott, D 16, 35 Search Committee 28, 39, 41–43, 207 Senate 10, 18–19, 26–28, 37, 43, 49–56, 66, 68, 71–72, 85, 90, 146, 205, 218 shortage of teachers xii, xiv, 11–12, 19, 29, 37, 48, 52, 67, 88, 102–03, 105, 109, 118, 122, 143, 146, 159, 178, 183–84, 195, 197, 201, 218, 221–22, 224 Singh, A 2, 15 social vii, viii, ix, xi, xiv, 1, 6, 8–9, 11–14, 19, 29–30, 46, 51, 54, 83, 85, 98, 106, 107, 112, 115–18, 128, 141, 149, 151, 152, 157, 161–62, 164, 172, 178, 179, 180–81, 183, 191, 193, 200, 202, 210–12, 222, 237–38 Srivastava, A 14, 213 State Domestic Product 12, 16, 164–65

247

INDEX

state government xiii, xiv, xv, 5, 10–12, 18–9, 22–8, 31–4, 38–9, 41–44, 48–50, 55–60, 62, 65–67, 69, 71, 74, 76–7, 79, 80, 82, 92, 94, 99–101, 108–9, 113, 118–130, 136, 138, 140–41, 143–144, 146, 149, 152–153, 155–159, 161–162, 166–67, 169–172, 175, 187, 188, 204, 205, 206, 207–211, 215, 217 statutes vii, xii, xiv, 22, 27, 33, 36, 37, 40, 41, 47, 49, 54–57, 60, 63–5, 68, 72, 84–85, 88, 91, 97–98, 100, 107, 109, 123, 126, 129, 131–34, 136, 138–42, 145–46, 156, 161, 174, 189, 204–05, 207, 219 Stefani, L 6, 15 Student Union 50, 104 Student v, xiii, xiv, 3, 5–6, 9, 12–13, 18, 21, 24, 28, 30, 32, 37, 43, 46, 48, 50, 52, 54, 56, 60–63, 65–67, 69, 70–72, 74, 76, 79–80, 83–85, 88, 90–94, 100–09, 122, 128, 142, 144, 150, 152, 153, 157, 159, 161–64, 171–72, 176, 178–99, 201, 204–06, 211–12, 214, 217, 220–21, 224–25, 227–36 surveillance 5 syndicate 10, 19, 26–28, 37, 42–44, 47, 49–5, 66, 68, 71–72, 85–86, 92, 98, 132, 146, 158, 217–28, 225

108–09, 153, 157, 160, 163, 178, 184–86, 194, 198, 202, 211, 221 technical Education ix, 2, 20, 83, 91, 111 Technology xii, 1, 2, 3, 8, 17–19, 22, 52, 54, 79, 91, 98, 100, 102–04, 108, 142, 144, 160, 173, 175, 179, 180–81, 194, 201, 206, 214, 221 Tilak, JB 201, 213 transparency 6, 38, 101, 122, 145, 175, 190, 217, 221, 224

talent 3, 11, 112, 201 teacher v, vii, viii, x, xii, xiii, xiv, xv, 4–5, 8–13, 17–19, 22–29, 31, 33–34, 36–38, 43–54, 46, 48–50, 52–58, 60–61, 63, 65–74, 76, 79–81, 83–89, 91–94, 96–97, 99–109, 112–50, 152–62, 167, 170, 171, 175, 178, 183–98, 201–04, 206, 208–11, 216–24, 229–38 teaching–learning process 11, 13, 74–75, 80, 85, 100, 103, 104,

Vaishnav, M 2, 14 Vice-Chancellor vii, x, xvi, 4, 10–11, 18, 24–5, 27–8, 32, 37, 39–48, 50–53, 57–58, 63, 68–73, 75, 87, 88, 93, 95, 97–99, 104, 121–23, 144, 158, 162, 174, 202–4, 207–8, 216–19, 221, 224 visitor 2, 39–42, 45, 208, 217 vocational 7, 47, 160, 185, 194–95

undergraduate viii, xiii, xiv, 53, 56, 70, 100–01, 103, 105, 115, 117, 120, 180–83, 187, 193, 197–98, 216, 218, 237 University Grants Commission (UGC) vii, x, xi, xii, xiii, xiv, 2–3, 7, 10–11, 13, 22, 31–34, 37, 39–43, 45, 47, 52–53, 55–56, 65, 67–69, 72–75, 79, 83–84, 90–91, 94–96, 99–100, 103, 109, 111, 113, 118–19, 122, 126–28, 131–38, 141, 145–47, 156, 158, 175, 188, 190, 200, 214–15, 218–23, 225 university v, vii, viii, ix, x, xi, xii, xiii, xiv, xv, xvi, 1–7, 9–12, 1428, 31–34, 36–78, 81–101, 104–05, 107–11, 113–14, 117–23, 125–34, 136, 138–63, 169–74, 176–77, 181–84, 186–93, 195–98, 200–25, 237–38, 241

Yashpal Committee Report 3, 65, 73

248