The West Bengal state government is in the process of quietly pushing through a bill that would triple NUJS Kolkata’s domicile reservation, taking advantage of the power vacuum at the top of the institution presided over by its appointee and acting vice chancellor (VC) Amit Talukdar, following the student-led ouster of previous VC Prof Ishwara Bhat eight months ago.
The West Bengal (WB) government, through the West Bengal National University of Juridical Sciences Bill 2018 tabled today (see copy below), is proposing to reserve 30% seats at NUJS for West Bengal-domiciled students, bring determination of student fees under its control, and relax the entrance criteria for the law school.
The bill is scheduled for a 45-minute discussion in the state legislative assembly session today but it had not been opened for public opinion, according to student and faculty sources within NUJS who said they were first made aware of the scheduled discussion through a paragraph buried in another PTI article.
In an email sent to current students by the Student Juridicial Association (SJA) yesterday sharing the bill, the SJA called the development a “crisis”, noting:
Such abrupt and out of the blue introduction of the amendment without any discussion or information with or to the stakeholders - including the faculty, administration and governing bodies, creates severe apprehensions about an attack on the national character and autonomy of the University. Furthermore, the bill also raises conjectures about a possible legislative over-riding of the University’s Executive Council’s decision last year rejecting the government’s proposal for creating two new campuses in Asansol and Siliguri.
While, at a such short notice, the possibility of forestalling the bill appears bleak - especially given the overwhelming majority the state government enjoys in the assembly (211/295), we will need to exercise all resources at our disposal in the upcoming days to mobilize support to maintain the national character, autonomy and integrity of the institution.
This is not WB’s first bite at the cherry to significantly widen NUJS’ intake from the state, which many alumni and teachers fear would significantly dilute the quality of the institution.
Now, in the long and unproductive interregnum created by Talukdar since Bhat’s resignation in March 2018, the state seems to finally be having its cake, and without an effective VC in charge to oppose to plan, it may end up eating it too.
We have reached out to Talukdar for comment by phone and message yesterday.
West Bengal law minister Moloy Ghatak and judicial secretary Bibek Choudhuri, who are also members of the NUJS executive council (EC), had first introduced the amendment bill while Bhat was VC.
In 2016, when Bhat was facing an uncertain extension of his tenure as VC by the state government, under the shadow of NUJS student protests and petitions against him, Bhat had at the last minute supported and tabled the state’s plan to double NUJS’ batch size from 125 to 250 seats and open two new campuses in Asansol and Siliguri. However, the NUJS executive council (EC) had eventually rejected this proposal.
Currently NUJS reserves 10 out of 125 seats for domicile quota students, which had only been introduced in 2015, apparently in exchange for the government sanctioning 3,000 square meter of land for its campus expansion.
NUJS takes admissions through the Common Law Admission Test (CLAT), but according tot the bill, admission would in future be possible either through CLAT or through marks obtained in the “qualifying exam”, which currently for national law schools is the 10+2 senior secondary board exam.
The EC is scheduled to meet on 1 December to shortlist VC candidates from the applications the VC search committee has received.
However, whatever NUJS’ next VC will inherit at NUJS, could end up looking less and less like the NUJS of yesterday, if the state government has its way.
The bill that could change NUJS’ natures
The relevant extract of the bill (see full copy below):
[Statement of Objects and Reasons:
It is considered necessary and expedient to amend the WBNUJS Act for the purpose of making provision, inter alia, of reservation of seats for the students domiciled in the state of West Bengal in order to make it consonance with the provisions of other National University Acts in force in other states.]
4A.
1. The tuition fees in the University shall be such as as may be determined by the state government from time to time.
2. The University shall allow free-ship in tuition fees to at least five per centum of their total strength to the students belonging to poor and economically backward classes.
3. The University shall compulsorily make provision for reservation of seats for the students domiciled in the state of West Bengal to the extent of at least thirty percent of the total intake in the University.
4B.
1. Admission of the student in the University shall be made on the basis of merit.
2. Merit for admission in the University may be determined either on the basis of marks or grade obtained in the qualifying examination or on the basis of marks of grade obtained in a relevant entrance examination conducted by the University or by Common Entrance Test conducted at the state or national level.]
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What's more important now more than ever is to find a decent VC who will withstand this political attack in the coming years. Highly doubt that will happen too. God save NUJS.
There has been constant attempt at both sides to portray the other as the cause for downfall of the university.
It's time they keep their differences and sadistic pleasures aside and actually try negotiating with the government using their combined bargaining power.
This should be taken up at the national level.
Still students of all nlus should unite,protest give a tough fight.
The message should be conveyed that nlus are for developing law studies in India not a political tool.
Nlus should be like IIMs,full autonomous institute,get out from their clutches
The VC application timeline was also fixed by the state govt from 1st-30th November to implement thier plan to takeover the functioning of NUJS. They were aware that student will be busy in examinations during November. Hence, Law Minster got the opportunity to amend NUJS Act without any obstruction and he also increased chance of appointing State Govt favourable candidate as NUJS VC due to fewer candidates applying for VC Post.
Hence, it's a little unfair to blame the students here - that the state government came in taking advantage of the power vacuum created by the ouster of Ishwara Bhat.
Had Bhat been there, the situation would have been no different. He was the one who initiated the first 10 seats domicile. He also supported the two new campus proposal.
Moreover, the Search Committee is a hogwash anyway. With no real powers (selection is done by the Executive Council finally), the constitution of the committee hardly matters. Removal of Suparno Moitra was more of a symbolic but short lived victory. I doubt he could have been removed in June though. There was no EC meeting held after May, till September, where he was indeed removed after the SJA petition.
1.Under pressure from protesting students and revolt by a large section of teachers, Jadavpur University authorities on Tuesday decided to bring back the admission test system for admission to six under-graduate courses, but the vice-chancellor also announced that he would resign.
Refer: www.firstpost.com/india/jadavpur-university-v-c-announces-resignation-after-student-protests-force-executive-council-to-bring-back-admission-test-system-4711411.html
2.The Delhi government’s decision to stop grants to 28 Delhi University colleges sparked protests among groups of students and teachers
Refer:
m.hindustantimes.com/delhi-news/students-teachers-protest-sisodia-s-order-to-stop-funding-to-28-du-colleges/story-Qrbjob8eQ6UuEBi7AT17SM.html
But the irony is, NUJS Professors were also hand in glove with the State Government for passing this draconian amendments in the NUJS Act.
These are some of the most senior professors in NUJS. If they are complicit in creating a situation where such 30% domicile quota and inteference is introduced it speaks of the deeper issues inside NUJS.
The joke is that [...]
(KIAN - If you see the video (taken on phone) these professors are all clearly shown making speeches so please do not censor the comment. At a critical moment like this we need all the support)
www.facebook.com/savenujs/videos/1963721510609976/
Disclaimer: I have purposely avoided naming any Alumni here, as I dont want to jeopardise their professional careers. But any well informed person would know, which names I am indicating. Reach out to them at the earliest.
Who are the NUJS professors hand in glove with the state government for passing this amendment? Name and shame them. We need to compile a list and share it online.
Students believing themselves to be omnipotent who can do anything against the state government are living in such delusion.
This time, not even a protest can save them.
Source: www.legallyindia.com/lawschools/nujs-gets-third-acting-registrar-this-year-wb-district-judge-sinha-sen-20180820-9491
Blaming everything on 21 year old students and refusing to take the responsibility for the institution's continual down fall in the past 5 years, is not going to help anyone in the long run.
The reason NLSIU remains at the top despite all odds and a weak student body is because of the active involvement of the facility - especially a few chair professors.
Whenever we asked any questions these faculty members kept stating that we should not exert pressure or else talkudar would leave. all these guys worked together to fool us.
Honestly, when the executive council and Lord taluk sat over demands for fee reduction and scholarship for months, can you blame me for taking some action on exchange for domicile seats?
2. The state which has spent the state resident taxpayer’s money to create and build the institution has every right to safeguard the rights of the very citizen whose money has been used to build the institution. Infact every NLU should have 50% domicile quota with the obvious rider that the state should invest money in those institutions. I am all for NLUs without domicile quota if the central government takes in charge but till then every State Government created university should cater to need of the State Domiviled students.
2. Do you know how much funding the WB govt had given to NUJS when it started, and how much it was supposed to give? You should find out.
Jai Maharashtra!
The SJA is to blame for this. PIB was driven out without a backup plan. He was heading out anyway. The protests should have continued unless concrete assurances were made. Alumni should have been consulted (like the first PIB protest engineered by Shamnad Basheer, where alumni got involved and signed the petition). Also, the acting VC was allowed to continue for 8 months. Academic standards were allowed to be diluted because of marks. Now the only option is to:
1. Copy Jadavpur University, which successfully protested against government interference and received front-page media support.
2. Request the NLSIU SBA for a letter of support, as NLSIU too has the CJI as Chancellor and is also in threat of having domicile reservation imposed.
3. Reach out to Madhav Menon, BS Chimni and MP Singh for support.
4. Also approach the Director of IIM Calcutta (ex officio member of GC) for support. Curiously, IIM too is in transition right now and has a new director in waiting, so everything was very well planned.
5. Reach out to the ex-AG and President of the Cal HC Bar Library Club (Jayanta Mitra) + sympathetic SC and Cal HC judges (not naming them here).
6. Petition the new CLAT body.
7. Get alumni involved.
8. Start a concerted media campaign.
9. Wage war against the Dark Lord and his cronies in the faculty. One of them plagiarised his PhD thesis and is liable to be sacked per the new UGC Plagiarism rules.
10. Finally, prepare for litigation.
1. Open support by the media
2. Renowned scholars supporting the students
3. Alumni association intervention
4. 100% student unity
5. Faculty joined student protests
a) 50% domicile reservation in LLM, MPhil and PhD, but spare the BALLB.
b) Start an MA in human rights with 50% domicile reservation.
c) NUJS can mentor two new NLUs in West Bengal (NLU Asansol and NLU Siliguri) where there can be 50% reservation.
In exchange, the state can give a few crores extra funding to NUJS.
www.change.org/p/chief-justice-of-india-to-seek-urgent-intervention-against
Alumni is pissed of with Current Student Juridical Association for their inaction against acting VC and also with bunch of Professors who were working hand in glove with Law Minster of West Bengal.
Kaushik Basu
Justice Ruma Pal
Justice AK Mathur
Justice Chittatosh Mookerjee
Gopal Subramaniam (also father of alum)
Soli Sorabjee
Fali Nariman
Indira Jaising
Pratap Bhanu Mehta
Ramachandra Guha
Ex VCs of NUJS: Menon, MP Singh and Chimni
Mohan Gopal
Ex AGs: Bimal Chatterjee, Anidnya Mitra and Jayanta Mitra (also President of HC Bar Club)
1. What songs?
2. We at NALSAR are on a break between the semesters; who is giving the speech and who are having the discussion?
1) Build pressure from outside through statements from Amartya Sen, Kaushik Basu, Madhav Menon, Ram Guha, retired SC judges, eminent jurists, media, alumni association etc.
2) Challenge it in court, which cannot be unaffected by outside sentiments. Furthermore, there are genuine grounds for a legal challenge. Announce in the media that you are willing to fight till the SC.
3) Approach Gogoi
4) Approach Supreme Court Bar Association.
5) Request NLSIU SBA for a letter of support.
6) Make the law minister the target rather than picking a fight with the Chief Minister It was, in fact, his idea and he is not that important to the CM or the party.
7) In the meantime, keep an eye out on the VC appointment process. Seek a written statement from appointee that he/she will oppose the bill, else demand his/her ouster at the outset.
8) Ask faculty to join protest. Identify those who support the bill, name and shame them in the media and attack them through other means (e.g. if Rather Particular is involved file a plagiarism complaint under the new UGC Rules).
9) At the very least, seek a postponement till 2020.
10) As a last resort, announce indefinite shutdown once class resumes. In one way, it's good this was not done during session, allows some time before a shutdown.
1) We will challenge this in court and are confident of winning, because there are major irregularities in the bill. We have already spoken to some top legal minds.
2) We are reaching out to eminent citizens and the media, as well as alumni. We will also use the opportunity highlight the good placements and student achievements in the media.
3) As for the traitors in the faculty, one of them will be in deep shit as a plagiarism complaint will be filed regarding his PhD thesis. The others are also gonna get it.
Please have patience and do not lose hope. Please also ignore some mischievous comments here by vested interests/trolls trying to create divisions. We are going to use this opportunity to unite and take control.
The best option at this point will be to file a writ in Cal HC claiming that the amendment is unconstitutional as interferes with the basic autonomy of the institution. Irrespective of the result it will keep the matter at bay for 5-6 years.
Wait and watch people. We are not doing down without a fight. And this is not just about NUJS and Bengal, but a larger national issue.
If you mean the constitution of the institution. Then you need to draft that writ better than this phrase, and even then you are on tenuous grounds. It may be a good delaying tactic as you mention but not a winning one. A trial in the media (outside Bengal) may be your best bet.
This decision will end up with NUJS possibly going down the unfortunate path of many CU college. There are tons of arguments against the decision, but please don't make it sound like the place brings much to a majority of the state.
sja.nujs.edu/newsroom/2018/11/21/amending-nujs-an-institution-made-to-measure
Prior to Ghatak, the law minister was Chandrima Bhattacharya, who was largely unconcerned with college affairs. Ever since Ghatak took over her portfolio, he has been determined to usurp authority and control it. This difference in attitude is partly because of social and cultural differences. Bhattacharya is a middle-class, city-bred lady who practised in the Calcutta High Court. Although she did not work too much to improve NUJS, she was sensible enough to maintain a certain distance from internal affairs. By contrast, Ghatak is a village politician who worked as a small-time lawyer in rural/semi-urban areas, so academic prestige and reputation mean little to him.
Ghatak managed to convince Mamata about the bill and obtain her approval, but he lacks the acumen to appreciate the legal hurdles involved. Mamata is probably unaware of the provisions of the NUJS Act and was briefed wrongly by him, but if the bill is struck down she will get all the blame . Knowing her infamous temper, she is likely to give Ghatak a severe tongue-lashing if this happens. Just yesterday, she sacked one of her most senior and trusted ministers and yelled at him in full public view, because he botched up some matters and she ended up getting the blame.
Further, SC should ask Centre to come up with guidelines on uniformity in NLU admissions. Do you understand the idea of state legislature created institutions, or federalism generally.
What are you guys studying at school?
And who are you to judge that people are creating division among GB Members & Alumni. Alumni stands behind NUJS Students.
If you would have completed your job sincerely, then this situation wouldn't have arose at first place. Please don't hide the failure of SJA by blaming these comments as troll. There are indeed some great suggestions to come out of this fiasco.
You gotta give something to the state government too to win this. Maybe agree to the Asansol campus and ensure this domicile reservation is applicable only to the new Asansol campus. And this way you can pressure the state government to give more money to fund Asansol campus.
www.sci.gov.in/supremecourt/2018/23521/23521_2018_Judgement_17-Aug-2018.pdf
Not a single of Marc Gallanter, NR Murthy etc. will sign or wish to be associated with such a petition either. They get hundreds of such "petitions" every year.
The students will have to fend for themselves. They should start by protesting outside Mamta Banerji's office and roughing up her ministers like the way they assaulted their own faculty at #PIBOut
And returning to the argument made by the crayon fighter, it can easily be rebutted. Just as crayons can be of different colours, career choices can also be of different types. Just as he practises in Delhi, so do the majority of alumni wishing to practise in the SC, for lack of choice. And many alumni have indeed joined the local bar at both institutions.
Why dont you respond to Chirayu's point instead of making personal remarks on him. If the object of the NLU as per the interpretation of the state govt. is to produce quality lawyers for that state then there is nothing wrong in domicile quota. Why to oppose it for heck of looking cool? You can have your difference with policy but that doesnt mean the policy is "Wrong" or you are "right".
Grow up!
1. Prof NK Chakrabarti had applied for RMLNLU VC-ship (proof: rmlnlu.ac.in/pdf/Notice%20_1-9march18.pdf)
2. According to the Telegraph newspaper, a disciplinary enquiry was initiated against him when he was at CU (proof:
www.telegraphindia.com/states/west-bengal/private-tuition-slap-for-two-university-teachers/cid/1119477)
3. A glance at his CV shows that he is the person being referred to in the Telegraph report (proof: law.kiit.ac.in/management-director-profile.html).
4. He has also tweeted in favour of the Mamata Banerjee government and is Facebook friends with Avik Ghatak, son of law minister Malay Ghatak, and comments on his wall (proof: twitter.com/NirmalKantiCha3/status/1040799855063523331
www.facebook.com/advocate.ghatak)
5. According to Outlook, the private university where he has been teaching for many years (KIIT) has conferred an honorary PhD to Mamata Banerjee: www.outlookindia.com/newswire/story/odisha-institute-to-confer-honorary-doctorate-on-mamata/775507
DISCLAIMER: An enquiry being initiated by itself is no proof of guilt and does not have the same authority as a court of law. He also denied the allegations levelled against him while speaking to the Telegraph. It is also not unlawful or unethical to praise Mamata Banerjee in public and be Facebook friends with her ministers/their kin. Nothing in the above post is to be construed as an allegation or insinuation of a breach of ethics, morals or law against any person or entity anywhere in the solar system. The poster cannot verify the authenticity of the news reports and websites linked above.
Hope this post is acceptable to LI now.
- 0% domicile reservation in BALLB, scrap even the 10% exist quota.
- Instead, have 30% domicile quota for LLM, MPhil and PhD
- Plus, 50% domicile quota for all possible non-CLAT programmes, like an MA in human rights, MA in Law and Finance etc.
NKC enjoys strong political patronage here. As with Lord Taluk he was quick to spot that the grass is Greener on the other side. The delay in VC selection is a problem of plenty. Which stooge is best placed to deliver the political goodies? That's the toss-up waiting to be done.
Nothing Else Matters!
www.telegraphindia.com/states/west-bengal/private-tuition-slap-for-two-university-teachers/cid/1119477
It is true that Prof Chimni was famous as an academician but was a weak administrator after Prof Menon, and that may be true for most JNU people. But at least Prof Chimni was much better than Bhat and will be better than the others who are supposedly applying. He was honest, was not nepotistic in faculty hirings, did not act insecure and prevent NLU alumni from joining the faculty, was an articulate speaker, invited good people into the EC, and overall had a certain stature. Similarly, even if Prof Desai joins for 3 years, it will be a welcome appointment because NUJS needs to maintain its image. As for administrative reforms, I am sure he can carry out at least the more academic-oriented reforms. He has nothing to fear and nobody to please, because he is an established academician already holding a tenured position elsewhere
Below is a link to the CV of Prof Desai. Please contact him, perhaps through Prof Chimni if required. There are still 4 days left for the deadline and the new VC will make or break NUJS.
www.jnu.ac.in/Faculty/bhdesai/CV.pdf
You may fault me for lacking direct knowledge. But I am reliably told by faculty and alumni that while Chimni was an articulate speaker, his strategic supineness had insidious effects on NUJS. Things got so bad that he was accorded the same farewell that PIB got later (I don't mean the campus protests et al). Did anyone even notice when PIB left?
Also let us not panic or sleepwalk into false choices. We don't know who all have actually applied. Do we know for sure that MKS has not applied? We also know of instances in NUJS and elsewhere when last minute surprises have happened; people being parachuted in etc. After all the search committee is empowered to look far and wide.
Let us not go person specific. The SJA made some solid suggestions to strengthen the VC screening process. I am not surprised that the EC and VC search committee sidestepped a discussion on it. Following through on those suggestions will inconvenience dealmaking.
All the more reason we should press for those standards and add more.
It all comes down to what the GB wants and how far it is willing to fight. Is CNLU better off for sending back PIB and exposing L? Is HNLU necessarily better placed to get a good VC? Or our own fiasco called Lord Taluk and his supportive PA system and AG network (Jio is nothing compared to that).
These examples clearly illustrate that momentum must be sustained. We need to stand firm and loudly demand nothing about us without us.
www.deccanherald.com/state/govt-seeks-reservation-local-690454.html
- The Deccan Herald report is correct, but the SC/ST reference actually means OBC reservation for certain communities designated as OBC by the Karnataka government.
- The Governor had returned the Bill for legal opinion to the then Advocate General (appointed by Congress). The new Advocate General (appointed by JDS) has given the go-ahead, pointing out that NLSIU is a state university and not a central university.
- The formal announcement is expected in December or January, probably January.
www.livelaw.in/judicial-infrastructure-sc-miffed-over-wb-govts-lack-of-response-orders-personal-appearance-of-chief-secretary-and-ors/
This happens when the state machinery is busy executing political takeovers of the few institutions of repute that exist in Kolkata.
The Justice League is solely responsible for supporting a bankrupt govt and its minions to ruin our university.
www.telegraphindia.com/states/west-bengal/bengal-pay-hope-on-hold/cid/1673382
www.ndtv.com/india-news/calcutta-high-court-declares-dearness-allowance-a-legal-right-1909503
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