Kerala CM urges Dharmendra Pradhan to put draft UGC regulations on hold as they violate states’ rights

NEW DELHI: Kerala chief minister Pinarayi Vijayan has again criticized faculty recruitment rules published by the University Grants Commission and urged Union education minister Dharmendra Pradhan, who released the 'Draft UGC Regulations 2025,' to review the norms.

Voicing concern about the move, the CM urged the education minister to put the draft UGC Regulations, 2025 on hold, “as it infringes the constitutional rights of the states”. He urged the education minister to initiate discussions with the states, academics, and other stakeholders in this matter of utmost importance.

“I am of the opinion that this is absolutely essential in our system in which a pride of place has been accorded to consensual approach and cooperative federalism,” he added.

Draft UGC regulations

The education minister published the ‘Draft Regulations on Minimum Qualifications for Appointment and Promotion of Teachers and Academic Staff in Universities and Colleges and Measures for Maintenance of Standards in Higher Education, 2025’ on January 6.

In major changes, the UGC has removed the cap on recruitment of contract teachers in higher educational institutions (HEIs) and allowed heads of industry and PSUs to apply for vice-chancellors' posts in universities. However, the changes were not well received by the academics and experts. They expressed apprehension about the government interference and lifting the cap on contract teachers. These regulations are issued under the powers conferred to the UGC vide section 26 of the UGC Act, 1956.

The regulations also allow candidates with industry, public administration, public policy and/or public sector undertakings, with a proven track record of significant academic contributions to apply for the VC post.

For the vice-chancellor’s recruitment, the UGC regulations state that the search-cum-selection committee will be chaired by the Chancellor’s nominee, another nominee of the UGC, and a third member will be an appointee of the apex body of the university.

Also read'Education without teachers': Academics worry about govt interference, job security, UGC VC recruitment rule

Higher education was in the state list

Entry 66 of the List I (Union List) of the Constitution reads: “Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions.”

“Education including higher education was originally in List II (State List) of the Seventh Schedule, but was later put in the Concurrent List through the 42nd amendment enacted during the internal Emergency of 1975-77,” Vijayan said, adding that the subsequent amendment in 1978 reversed several changes, however, could not put higher education back in state list as it was not passed in Rajya Sabha then.

“Though Education including higher education has been put in Entry 25 of the Concurrent List, many higher centres of learning, which have been established by the State governments are governed by the acts passed by the respective legislative assemblies,” he said.

Citing the report on 'Analysis of Budgeted Expenditure on Education' prepared by the ministry of education in 2022, the CM said out of the total revenue expenditure incurred by education departments in our country, estimated at Rs 6.25 lakh crore (2020-21), 85% is spent by the states.

“Even if expenditure by all other departments by education and training are considered, the share of the states and the Union works out to be 76 and 24% respectively (The Hindu, July 01, 2024),” he said.

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Can UGC exclude state governments?

“To get an answer to this basic question”, the chief minister quoted BR Ambedkar’s speech in the Constituent Assembly. He was the one who moved the draft Entry 57A, which later became Entry 66. Ambedkar, while replying to the debates, said: “Entry 57A merely deals with the maintenance of certain standards in certain classes of institutions, namely, institutions imparting higher education, scientific and technical institutions, institutions for research, etc (emphasis added).”

Pinarayi Vijayan further pointed out that “it was during the internal Emergency of 1975-77 that education including higher education was moved to the Concurrent List, without any meaningful debate in the then prevailing circumstances”.

Stating that the “Entry 66 of the Union List has a limited purpose of ensuring uniform educational standards across the States”, Vijayan said: “We now find that UGC Regulations, which undergo very frequent changes, introduce many clauses, which are obviously beyond what is intended by the makers of the Constitution.”

“The present draft regulations envisage keeping the States totally out of the picture in the appointment of Vice- Chancellors, by framing provisions in such a manner that State government cannot have expert members as its nominees in the search-cum-selection committee of Vice-Chancellors.”

Citing examples of ranking and grading awarded to Kerala universities by UGC agencies like the National Assessment and Accreditation Council (NAAC), the CM said: “It is undeniable that a state government provides support to the Universities for achieving higher quality in education and research.”