The Aligarh Muslim University has its own legal system based on its Act, Statutes (passed by the Parliament), Ordinances and Regulations. Policy decisions are taken by the Authorities of the University, namely, the Court, Executive Council, Academic Council, Faculties and Finance Committee in their respective spheres, jointly or otherwise, as per the laid down procedures. The Vice-Chancellor is the principal executive and academic Officer (salaried) officer of the University and is duty bound to give effect to the decisions of all the Authorities of the University under Section 19(2) of the University Act and ensure observance of rules (Statute 3 (2)).
The establishment of AMU campuses, if any, is a major policy matter which requires amendment of the Statutes as various departments shall be created. The procedure is provided in Section 28(3) of the Act. The process of amendment is to be initiated at the level of Faculty/ Faculties and then it is passed on to the Academic Council, Executive Council, University Court and the Finance Committee and then to the Visitor for approval. The procedure has not been followed nor shall any attempt made to amend the necessary Statutes, knowingly fully well that such an action does not lie in the ambit of the AMU Act.
1. Therefore, for public consumption, in his usual best, Prof. Azis maintained that amendment to the Statutes is not required and mere permission of the Visitor is suffice (to put the record straight, even the permission of the Visitor has not been obtained, which shall certainly be not forthcoming and what about the restriction of 25km). This is the height of dishonesty and highhandedness, unbecoming of a Vice-Chancellor to bring disrepute and irreparable harm to the University to carry out the designs of the powers for their political gains on one hand and personal gains on the other. It is indeed shameful and disgusting, rather intolerable.
2. The Aligarh Muslim University is an autonomous Residential Muslim University and protection to this basic character is well enshrined under its laws.
The University is not entitled to establish basic teaching units, the departments/centres (synonymous) nor special centres, laboratories to supplement the needs of the existing departments beyond 25 km of the University Mosque (Section 5 (9-A) of the University Act). It is this feature which makes it a residential non-affiliating University. It was precisely because of this reason that Mr. Hamid Ansari had to hurriedly close down the Centres illegally and unauthorisedly established by Mr.Mahmoodur Rahman in Dubai and South India. (The fact that the respectable teachers were in agreement on these occasions tell a different story but a sorry state).
3. As a general rule, no University in the Country is entitled to establish two identical departments nor the MHRD and UGC so empowered. How then, the AMU be permitted to establish a college consisting of departments, leave alone a campus. (Moreover, AMU Act does not have the jurisdiction for establishing a Campus of its own and no amendments to the Act can provide for it). The University does not have the power even to create a post of a teacher without going through the process of creation within the University and obtaining the sanction of the MHRD/UGC thereupon.
Statute 20 (2) of the University Statutes mandates that no department shall be established or abolished except by the Statutes. Therefore, establishment of a Faculty, College or Campus comprising different departments warrants amendment of Statute 20(b). The assertion of the Vice Chancellor that amendment to the Statutes is not required is totally misleading, erroneous, mischievous and dishonest.
4. All claims, announcements and steps taken by an over enthusiastic Prof. Azis, with regard to the establishment of the five A.M.U. Campuses are unauthorized, illegal and ultra vires of the Act and Statutes which surely make a good case to launch legal criminal proceedings against him.
5. The MHRD and UGC, on their part cannot plead ignorance of the entire rigmarole and their connivance with Prof. Azis for past twelve months extending all possible support clandestinely for their ulterior motives. This does not augur well for MHRD, UGC or UPA.
6. How could the allocation of 25 crores each for Murshidabad and Mallapuram for establishing the Campuses be made? The Parliament seems to have been misled in allocating funds for Murshidabad and Mallapuram Campuses in the budget of 2009 full facts seem to have not been placed before in the House regarding the legality and feasibility of these Campuses.
7. The belief of the protagonists of AMU Campuses has turned out to be a mere myth and shattered the hopes of the Muslim Community. With the categorical assertion by Prof. Azis that there shall be no quota and admissions shall be made on the basis of open all India competition.
8. How can these Campuses, thousands of miles away from Aligarh, be managed and administered effectively by the A.M.U from Aligarh? It is humanly impossible. It would be rather more proper for Prof. Azis to sit in Aligarh and try to administer the University properly.
9. Prof. Azis, on his own, has announced the courses to be taught at these Campuses and the teaching schedule without any formal decision by the University’s relevant authorities (Board of Studies, Faculty, Academic Council and Executive Council). Is this the way to deal with such an important matter? Is it desirable to leave a University to the whims of an individual and that too of the intent and repute of Prof. Azis?
All these exercises wrapped in half truths and brazen untruths projected as glittering promises never meant to be taken seriously. It is time for the Muslim Community to guard itself against these platitudes and seductive slogans rather a fraud being placed on them. The only beneficiary appears to be the UPA in general and Minister for Finance, Mr. Pranab Mukerjee in particular who found an opportunity to nurse his constituency at the expense of public funds and enhance his electoral prospects. Hon`ble Prof. Azis would be a natural beneficiary in various ways to the best of his satisfaction, and our dismay and displeasure.
Prof. Ziauddin Ahmed (Retd)
Dept of Botany, Aligarh Muslim University
Aligarh, India
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