Education

UGC Act Breached? Education Secretary Gets Additional Charge of UGC Chief

Vineet Joshi, secretary of higher education, was given additional charge of the post through an official order issued on April 11.

UGC Act Breached? Education Secretary Gets Additional Charge of UGC Chief

Secretary of the Department of Higher Education, Vineet Joshi. Photo: X/@EduMinOfIndia

The Union Ministry of Education’s decision to appoint Vineet Joshi, secretary of higher education, as the acting chairman of the University Grants Commission (UGC) has sparked debate over a potential violation of the UGC Act, 1956.

Joshi was given additional charge of the post through an official order issued on April 11, following the retirement of former UGC chairman M. Jagadish Kumar on April 7.

According to The New Indian Express, legal experts and education policy observers have pointed to a possible breach of Chapter II, Section 5(2) of the UGC Act, which states that “The Chairman shall be chosen from among persons who are not officers of the Central Government or of any State Government.”

As Joshi currently serves as a top official in the central government, his appointment appears to run counter to this clause.

Further, Section 6(3) of the Act outlines the process to be followed in the event of a casual vacancy in the chairman’s office.

According to the law, the vice-chairman is expected to step in as acting chairman under such circumstances. If no vice-chairman is available, the central government may appoint another member of the Commission to fill the role temporarily, but only for a period not exceeding six months.

In this case, critics argue that the appointment bypassed these provisions, as the vice-chairman of the UGC was not given charge, and Joshi is not a sitting member of the Commission. The ministry, however, has defended the move, asserting that it is a temporary measure and not the result of a "casual vacancy" as defined in the statute.

“It is purely an interim arrangement, which didn’t arise out of a casual vacancy. Therefore, the question of any other UGC official or vice-chairman taking charge doesn’t arise. The process of appointment of UGC chairman will follow in due course,” ministry sources told The New Indian Express.

They added that the process for appointing a full-time UGC chairman is underway and will be completed in due course.

Joshi’s appointment comes at a time when the UGC is playing a key role in implementing the National Education Policy (NEP) and spearheading higher education reforms. The debate surrounding his eligibility has raised concerns about adherence to statutory norms and the autonomy of regulatory institutions.

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