In ongoing circumstances, the Chairperson of the Interim Governing Board whose term expires on 25^th November, 2011 as per the Act, is Prof Amartya Sen. Thus, Amartya Sen can be said to hold the position of the Chancellor till 25^th November, 2010. But, after the end of his term in next two month, the next Chancellor has to be appointed by the Visitor as per clause 14(1) of the Nalanda University  Act. The million dollar question is that who holds the position of the Visitor?

Bihar Chief Minister Nitish Kumar addressed the media and informed that " As per the state legislation, we had made Kalam the first Visitor of the university”   and added that since the related Act (for NIU) was passed by the  Union Parliament repealing the state's legislation, the Union government is the main player (in matters related to the varsity). Under the central act, the President will be the Visitor of the NIU.”(19.9.2011. An English local daily in Patna has also carried a story that search for prospective Visitor is on. It is surprising that the mainstream media is publishing all kinds of fabricated facts to beguile the nation. The Visitor is either the President or his/her nominee under this clause. Neither Bihar Government nor the Union Government nor the Interim Governing Board led by Amartya Sen has powers or the authority to search a new “President” of India or usurp the Presidential powers. But, as per the Act, Kalam continue to be the Visitor till 25th November, 2015  and there is no provision for the resignation of the Visitor either in the Act or in any Statute of the university which is yet to be notified after formal approval of the Visitor. In such circumstances, only an Amendment Act of  Parliament can remove Kalam from the position of the Visitor and Kalam can not voluntarily dissociate from the assignment permanently.  

University of Nalanda Act,2007, Bihar  was  notified in the Gazette of India Extraordinary[Part II] as Bihar Act 18 of 2007. Under the clause (8) of the said Act, a Visitor was to be appointed for Nalanda  University. On August 24, 2008; Bihar Government appointed Kalam as the formal visitor of the University vide notification as per the provisions of the University of Nalanda Act,2007.

In the meanwhile the Union Government appointed a formal Nalanda Mentor Group vide a letter dated June 28, 2007 from Foreign Minister to Amartya Sen .The Union Cabinet approved the introduction of the Nalanda University Bill in the Parliament on July 8, 2010. Bihar Government transferred the Nalanda University to the Union Government due to international involvements. Under Section 253 of the Constitution, the Union Parliament has powers to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body. But, the Union Bill was poorly drafted and  the University of Nalanda Act, 2007  was repealed without giving any sufficient reason or the clause under the Constitution as per Clause 44(1) of the Nalanda University Act,2010 of the Union Government. The clause  under The NALANDA UNIVERSITY ACT, 2010 No. 39 of 2010 notified on 22nd September, 2010 is as below:

44. (I) The University of NalandaAct, 2007 is hereby repealed.

(2) Notwithstanding such repeal,-

a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the University of Nalanda Act, 2007, shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this Act and, except as otherwise provided by or under this Act or the Statutes, continue in force unless and until they are superseded by any order made under this Act or the Statutes; …

Thus the formal appointment of Kalam as the visitor of the Nalanda University continued to exist even after the repeal of the Bihar Nalanda Act. There has been number of reports being circulated by the news agency like PTI that the as per the new Act, President of India is the Visitor of the Nalanda University, only after the matter was raised in the columns of the Bihar Times. The mainstream media as well as the Chief Minister has clarified that the reader Gopa Sabharwal continue to be a Vice Chancellor-designate and has to be appointed formally by the Visitor.

The  nation is made to believe that since the President became the ex-officio Visitor of the University, there is not much in the communication from Kalam’s office that he is no longer associated with the Nalanda University. But, it is unfounded and Kalam continues to be  the current Visitor. The PTI has quoted Clause 12 (1)  of the Nalanda University Act, 2010 which is reproduced as below:

12. 1) The President of India shall be the Visitor of the University:

Provided that the President may, by order, nominate any person to be the Visitor and such person so nominated shall hold office for such term, not exceeding five years as may be specified in the order and the person so nominated shall exercise the powers and discharge duties of the Visitor.

But, the actual status of Visitor is that though the President shall be the Visitor of the Nalanda University under clause 12(1), the first Visitor appointed  by the Bihar Government will continue as the first Visitor, and only subsequently the President of India can be the ex-officio Visitor. There is separate clause 5(e) inserted in the Nalanda University Act, 2010 to this effect which is reproduced herein:

5 (e) the Visitor of the University of Nalanda, appointed under the provisions of the University of Nalanda Act, 2007 shall be deemed to have been appointed to be the nominee of the Visitor and such nominee be also the first Visitor under this Act for a period of five years from the date of commencement of this Act;

Kalam  continues to be Visitor of Nalanda university as the nominee of the President having been appointed as the first Visitor by Bihar Government on 24^th August,2008, for next five years from the date of commencement of the Act. The Act became operational from 25^th November, 2010 as per the  notification by the MEA in the Gazette Extraordinary Part II, Section III, Sub-Section (ii) dated 19^th November, 2010.

But, it is a sorry state of affair that the Chief Minister has misled the state and the country without appraising the factual position over the issue of Visitor and wrongful appointment of Gopa Sabharwal, her friend Anjana Sharma and others. Truth must prevail.

(Niraj Kamal is the President of SAI. He is a renowned author for his work on the theme of Pan-Asianism.)

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