Dr. Sabharwal is a Reader with no experience of teaching at Post-Graduate level or proven academic capability. She stood no chance of vying for the Chancellorship of Delhi University, with which her college is affiliated.

Dr. Sabharwal’s understanding of legalities appears juvenile. It stems from her lack of administrative experience. The University Grants Commission, an autonomous organization under Department of Higher Education, Ministry of External Affairs performs the twin function overseeing the standards of teaching, examination and research in universities as well as channelizing government funds to universities to achieve those objectives. Dr. Sabharwal perhaps wants to arrogate Nalanda University above UGC standards.

It is contentious whether international standard could be less exacting than national one. Can someone ineligible for VC ship in a Central or State University be the hot favouite for so-called international university? It is like sending to the Olympics an athlete who could not qualify for the National Games. Once such a compromise has been made at the top, they could not be prevented down the chain, for other academic appointments. Such slackening of standards could indeed spoil Nalanda University’s status as ‘Institution of National Importance’ as laid down in the Nalanda University Act, 2010.

In her zest for ‘internationalism’, which she equates with zero-accountability to Government of India, she has overlooked the University’s ‘Institution of National Importance’ tag. It appears in both the Preamble and Clause 2 of the Act. Nalanda University is hardly living up to that coveted status. The ‘Institutions of National Importance’ are only 33 in number mostly dealing with cutting edge technical knowledge. These include IITs, NITs, AIIMS, Indian Statistical Institute but also Dakshin Bharat Hindi Prachar Sabha. This list is maintained by the HRD Ministry.

All Central Universities are autonomous bodies free to draft their own statues. But these must be within the framework laid down in their respective Parliamentary Acts. The statutes must be approved by the Visitor who, by convention, is the President of India. Nalanda University is no exception. It is no more a law unto itself than other Central Universities are.

The VC-designate does not realize the legal implications of militating against the UGC. Despite pretensions of ‘internationalism’, Nalanda University is wholly funded by the Government of India. This is not tenable unless the UGC regulations are complied to.

Section 12 B of the UGC Act reads- “No grant shall be given by the Central Government, the Commission, or any other organisation receiving any funds from the Central Government, to a University which is established after the commencement of the University Grants Commission (Amendment) Act, 1972, unless the Commission has, after satisfying itself as to such matters as may be prescribed, declared such University to be fit for receiving such grant”.

At present the Nalanda University is recipient of funds from the Government of India (through MEA). This arrangement can be legally imperiled if the UGC Act is invoked. The UGC Act is applicable to all government universities and extends even to agricultural, technological and open universities through subsidiary rules under Schedule 3 (UGC Rules Regarding Fitness of Universities).

UGC rules also apply to Private Universities that are recent phenomenon in India’s educational landscape. The rule is titled UGC (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003.

There are only two Central Universities that are exempted from the purview of the UGC. These are Indira Gandhi National Open University and Indian Maritime University, Chennai. The former, however, is already placed under HRD Ministry. The Indian Maritime University, under Ministry of Shipping, is actually an enterprise to bring under one umbrella seven maritime institutions in Chennai, Kolkata and Mumbai functioning for decades. Running those maritime academies is allocated business of the Ministry of Shipping. Besides it is a highly sophisticated and technological sphere. Nalanda University, a general purpose university, has no valid ground for exemption from the UGC.

Besides there are Councils in sphere - medical, dental, engineering, technical and architectural education etc. These act as regulatory body. Besides the Nalanda University must be a member of Association of Indian Universities. The idea of bringing all universities of India date back to 1924 when Viceroy Lord Reading convened a meeting of all Vice Chancellors of Indian Universities in 1924. Subsequently Inter-University Board was formed in 1925. Nalanda University can not claim exemption from every university-related forum in India. It would be seen as fugitive rather than unique.

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comments...

Jybe or gib the claim of the so called designate V_C of Nalanda university Ms Gopa sabharwal. Justshe is moving forward without any logic and knowledge of the laws of the land in her interview to 15th October issue of Public Agenda, a new magazine. Her justification that V-C post in NU does not come under the UGC guidelines-than she must leave this country like her friend and chairman of thementor group of the Nalanda university Prof amartya sen, who has legaly no responsibility to carry forward the affairs of the university as he is resident of America not India and beyond the law of the India?
Gopa should read law books and government t laws to run the functioning of the university for which she had been made an"un authorised V-C" by the mentor group! She should also go through Nalanda university ACT, particularly Clause of the Act, enacted by Indian Parliament which special had mentioned as per nrms , rules and laws of the land all universities except a few universities, exempted from the Act, are granted fund and assistances to carry forward higher educational advancement in the countryare routed through UGC. In the present case of NU, the fund for NU is also routed through ministry of external agffairs under UGC guidelines.
Her knowledge bankruptcy has once again proved that she is realy not all fit for the post of V-C of the prestigious university. Apart from that she is not fit to be the V-C of NU also appears lack of knowledge as she is simly a reader of Sociology in the Lady sri ram College and reading only under graduate students -not post graduate students of the college-than how she is competent to bercome V-C of NU? she must spell out her " so called real qualification and her credentials and also her managing the things and her art to reach at the top in the academic fields, by pleasing the mentor group led by Sen , who had ignored the claims of many great scholars for V-C post in the NU and appointing her for the post". Her misdeeds and also of mentor group are gradually coming to the fore and the countrymen are exposing Sen and his mentor group for creating chaos in the university before it would have come on the ruins of the ancient Nalanda University, destroyed by Afghan ruler Bakhtiya Khilji hundred of years back!
Contrymen are also watching changing of tracks of by Sen to prefer now the role of advisory in the NU instead of finishing assigned task to him and his mentor group for giving shape to the Proposed unviersity. The union government must come out with detailed statement onNU so that mist of irregularities by Sen and his mentor group could be enquired into for such delay and wasteful expenditure by mentor group and Gopa and also illegal appointment in the university by Gopa and opening of university office in Delhi instead of university site at Nalanda.
KKSingh, Journalist, my blog www.kksingh1.blogspot.com