Vice chancellor Dr J. Prasad of the Kalady Sanskrit Uni-versity has taken strong objection to the syndicate’s move to amend its statutes to allow the public service commission to make appointments of its non-teaching staff.
Currently under the Sree Sankaracharya University of Sanskrit Act, 1994 it is the vice chancellor who appoints teachers, officers and other employees of the university on the advice of the appropriate selection committee.
But the legal sub-committee of the syndicate recently came out with draft statute amendments to allow the public service commision to make administrative appointments in the university and to also delete certain posts that have already received government sanction.
It however deferred consideration of the matter on May 18 in face of Dr Prasad's objections, who called the proposed amendment unconstitutional.
The VC may have the backing of Article 321 of the Constitution which says only an act made by parliament or the legislature of a state can give additional functions to the Union Public Service Commission or the State Public Service Commission regarding " the services of any local authority or other body corporate constituted by law or of any public institution.”
He also appears to be relying on section 31 of the Sree Sankaracharya University of Sanskrit Act, 1994 which says, “subject to the provisions of this act and the statutes, the teachers, officers and other employees of the university shall be appointed by the vice-chancellor on the advice of the appropriate selection committee constituted in the manner prescribed by the statutes.”
Moreover legal experts too point out that section 14 (2) (a) of the Sree Sankaracharya University of Sanskrit Act, 1994 lays down that the syndicate is only empowered “to make statutes in accordance with the provisions of this Act and submit for the assent of the Chancellor.”
While the law seems to be in favour of the VC, it remains to be seen who will blink first -Dr Prasad or the syndicate.