Report No. 160
4.5. Association of Indian Universities.-
After receiving the questionnaire from the Law Commission the AIU appears to have communicated the said questionnaire to all the Universities in the country. Many of the Universities have sent their responses to the AIU which in turn has apprised the Law Commission of the said views. While some of the Universities have supported proposal (a), some other Universities have supported proposal (b) in the questionnaire. All the Universities, however, have agreed that the power to grant approval for establishing technical institutions or for permitting introduction of new courses/ programmes should not be left to the Council and not, at any rate, to the Council exclusively.
They have pleaded strongly for the concept of 'University autonomy' and have also explained the significance of the role of the State Governments in the said matter. By and large, their submission is that while establishment of technical institutions must be left to the State Governments, affiliation and introduction of new courses/programmes should be within the exclusive domain of the University. Some of the Universities, however, have put forward certain definite proposals which may be mentioned in brief.
4.5.1. The North Gujarat University has submitted that as a matter of policy the Council should operate only at the macro level while the Universities should be allowed freely to operate at the micro level. In other words, according to this University, the Council should concern itself only with the coordination and maintenance of standards of education, inspection and monitoring of the quality of instruction but not with the establishment of the technical institutions, introduction of new courses or with the affiliation. These matters, says the University, must be left to the Universities and the State Governments, as the case may be, as provided in the relevant State enactments.
4.5.2. The Kumaon University has submitted that by conferring the power of establishment of technical institutions upon the Council, the University autonomy has practically been destroyed which, according to it, is wholly undesirable. It has also submitted that under the Council's regime there has been a mushroom growth of technical institutions which has in no way contributed to the maintenance of standards and quality of education.
4.5.3. The Satya Sai Institute of Higher Learning has expressed the apprehension that the Council may be influenced by the philosophy of the market place as against the Universities which are wedded to the pursuit of knowledge. The University must be left free to evolve its own syllabi and courses of study, etc. It has also expressed an apprehension that unless checked now, the Universities will be reduced to the position of hand-maiden of a regulatory authority.
4.5.4. The Kuvempu University has submitted that the Council should have no say whatsoever in the matters within the seising of University according to the concerned University Act. According to this University, the Universities should be left free to affiliate as well as to permit the establishment of colleges, universities and courses.
4.5.5. The Osmania University has submitted that a University is an independent and autonomous body created by a statute and has been conferred with exclusive power to permit the establishment of colleges and introduction of courses under the Act. This power of the University should in no way be taken away, says this University. It is also submitted that power to start institutions and courses cannot be vested in the Council and that it is structurally not equipped to deal with the said aspect.
4.5.6. Devi Ahalya University has submitted that while the establishment of technical institutions should be within the exclusive jurisdiction of the University, the Council should concern itself only with inspection and maintenance and coordination of standards of education in these institutions.