'Pental's appointment is unconstitutional'

10 May,2010 08:39 AM IST |   |  Amit Singh and Shashank Shekhar

Faculty up in arms against Delhi University Vice-Chancellor; challenges extension of term


Faculty up in arms against Delhi University Vice-Chancellor; challenges extension of term

Deepak Pental's five-year stint at the head of Delhi University is not going to end in a whimper.

In the dock: An academic council member has challenged DU vice-chancellor Deepak Pental's appointment

The Vice-Chancellor, whose term is set to expire in August, is at the centre of a controversy in which a senior member of the university academic council has raised questions over the manner in which he was appointed five years ago.


The member has alleged that the appointment was done in an "illegal" way, violating many statutes of Delhi University Act 1922.

Prof. Dhani Ram, a member of academic council and assistant professor at Ramjas College, alleged that neither Prof. Pental addressed his joining report in 2005 to his next senior officer (under section 8 of the Delhi University Act 1922), the chancellor and the Head of the University (University statutes 11-C) nor the chancellor was ever informed officially of his joining. "Even the registrar, who is required to inform the Chancellor about a new V-C taking over, failed to perform the task," Prof Dhani Ram told MiD DAY.

"There are talks of amending the varsity constitution for extending the term of the Vice-Chancellor to 70 years. But I don't understand the need for this. The V-C should have been removed instantly as his appointment is unconstitutional," the senior faculty pointed out.

He said Pental, in assuming the charge in an illegal way, has committed an act of "personation" which is a cognizable offense under Section 170 of Indian Penal Code. "Further, holding the post and drawing the salary (University property) regularly could attract the provision of breach of trust under section 409 IPC reporting of which becomes obligatory upon me as citizen of India under section 39 (1) (VIII) CRPC," the professor added.

After assuming charge as the Vice-Chancellor, Pental gained a lot of notoriety for allegedly surpassing university ordinances and statutes and misusing the emergency powers vested in him. Right from "undemocratically" implementing the semester system at the undergraduate level and allegedly manipulating the admission process in some of the most prestigious courses of the university to making arbitrary appointments to the posts of joint registrars and assistant consultants by ignoring rules, the list of allegations against him goes on and on.

Pental has also been accused of introducing the contentious decisions directly in the executive council and not
As per the law

As per the Delhi University Act, and statutes there under, the government of India or the officers of the Government of India have no scope to play any role in the functioning of the autonomous University of Delhi and as such the President of India too does not have a direct role to except in the capacity of 'Visitor' of DU (a non-constitutional function and position) in the matters pertaining to the functioning and operations of the University of Delhi. The 'visitor' is appointing authority of the Vice-Chancellor under university statutes 11-F.

in the academic council meetings for avoiding discussions and counterviews.

An RTI activist, Dr. H P Sangwan had also filed a police complaint against Pental's appointment at RK Puram police station in June 2009. "The documents procured through RTI does not indicate the fact, whether the university 'Visitor' indeed appointed the particular person as Vice-Chancellor of the Delhi University," the complaint said.

Delhi University Teachers' Association (DUTA) president Aditya N Mishra Misra also refused to comment on the issue, saying: "DUTA has no official position over this matter." However, he did not fail to point out the alleged "undemocratic" manner in which the V-C enforced several decisions, including the semester system.

"The Vice-Chancellor has provided no space for any discussion on several issues. Decision to start bio- metric system of attendance for teachers and the inception of the Institute of Life Long Learning were all introduced in the executive council but never at the academic council. He fears that it will be put down in the academic council meetings. This is a violation of Section 23 of the DU Act, which clearly says that the academic council shall have the right to advise the executive council on all academic matters."

Despite several calls, emails and SMSes, Deepak Pental did not revert.
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