Report No. 123

Jurisdiction

7.14. The jurisdiction of the State level tribunal has been specified a little while ago. The National Level Tribunal must have original jurisdiction where vital policy questions may be examined. In this respect, the working group set up by the Association of Indian Universities has expressed an opinion mat 'issues concerning the relationship of Vice-Chancellors with the State Government, matters of finance, the relationship of the university with U.G.C., Vice-Chancellor with Chancellor, etc., are matters of policy'. It suggested mat models based on Press Council and Bar Council could be considered to meet the need. In the view of the Law Commission, even policy matters on which a difference of opinion emerges depending upon its State Level coverage or national level coverage can be brought before this State Level Tribunal or National Level Tribunal, as the case may be.

Just to illustrate the point, one may profitably refer to the recent all-India teachers' strike which lasted for about two months. It may be that the view of the Government of India was that the strike was not justified. It is equally possible that the teachers believe that a raw deal has been done to them. These are not individual grievances. There may be different shades of opinion on policy matters. But ultimately, there is confrontation which implies there is a dispute and which can be resolved. The National Level Tribunal can be invested with jurisdiction even with matters of policy.

To take one more illustration, gradually a grievance has developed that in the matter of selection of Vice-Chancellors, certain unhealthy practices have developed and this reflects upon the selection which ultimately devalues the office of the Vice-Chancellor. Undoubtedly, there is a body like the University Grants Commission.

But the national level tribunal by and large representing affected interests and presided over by a highly trained judicial mind can be trusted to lay down guidelines in the matter of selection of Vice-Chancellors. Similarly, in the near future, a proposal to set up an all-India educational service may have to be seriously considered. The problems in setting up such a service can be well sorted out by the national level tribunal. Even the code of conduct which is suggested by the Association of Indian Universities can be drawn up by the National Level Tribunal. Such jurisdiction of widest amplitude must be conferred on the National Level Tribunal.