Setback for Kerala govt: New UGC draft guidelines grant Governor more authority in VC appointments

New Delhi: The University Grants Commission (UGC) has released revised draft rules for the appointment and promotion of university vice-chancellors, teachers, and academic staff across India.

According to these new rules, the Chancellor (Governor) will have the authority to nominate the chairman of the search committee for vice-chancellor appointments, while the UGC Chairman will appoint the second member. The third member can be nominated by various university committees, such as the Syndicate, Senate, Executive Council, or Board of Management.

The new guidelines, applicable to both central and state universities, come at a time when there has been ongoing conflict between the Kerala government and the former Governor Arif Mohammed Khan over vice-chancellor appointments. The UGC’s rules state that any vice-chancellor appointments made in violation of the new guidelines will be deemed invalid.

New VC appointment process under UGC rules

The search committee can present a list of five names for the Chancellor’s consideration. The appointed vice-chancellor will serve for a term of five years or until the age of 70, with these rules also applying to reappointments.

Higher education institutions that fail to comply with these norms could face severe consequences, including exclusion from UGC schemes. Additionally, they may face bans on offering undergraduate, online, and distance education courses.

Contract teachers appointment rules

The UGC's revised guidelines also address the appointment of contract teachers. New rules include:

• Contracts will be allowed for a maximum period of six months.
• Permanent appointment norms will apply for contract teachers, who will also receive the same salary and benefits as permanent staff.
• The previous 2018 UGC guideline limiting the number of contract teachers to 10 percent has been removed.
• Appointments for Professors of Practice will be capped at 10 percent.
• Even if the undergraduate and postgraduate subjects are different, UGC teachers can be appointed based on their performance in the NET exam and the subject of PhD.

Kerala government’s struggles with former Governor over VC appointments

The Kerala government faces additional challenges with the new UGC guidelines. The Supreme Court had previously ruled that the Chancellor holds the authority over Vice Chancellor appointments, a stance reinforced by the new guidelines.

Currently, all universities in Kerala, except the University of Health Sciences, lack a permanent vice-chancellor. Arif Mohammed Khan had appointed temporary VCs amid ongoing disputes with the state government. However, the Governor’s actions were challenged by the CPM-dominated syndicates, resulting in prolonged court battles.

The Kerala government and universities have opposed the Governor's role, arguing that the 2018 guidelines only required a UGC representative in the search committee. They also opposed the idea of the Chancellor leading the committee. The new UGC guidelines, however, make the Chancellor the final authority, leaving the state with limited influence.

Despite Kerala’s efforts to pass legislation that would remove the Governor from the position of Chancellor, those efforts were blocked when the President rejected the bills. The introduction of the new UGC guidelines effectively shuts down the state’s legal and legislative options for challenging the VC appointment process.