It was reported yesterday that Governor Hansraj Bhardwaj has rejected Bangalore University proposal to confer an honorary degree on a Kannada writer who has supported a ban on religious conversion.
It is an opinion abiding rule of the state law.
The Governor by virtue of the office is also the Chancellor of the universities in the any Indian states. Usually his role as Chancellor, envisages creating right environment and conditions for the universities so as to enable them to make greater contribution to the cause of Higher education in the states and the nation.
In Karnataka, there are 7 universities, 2 agriculture universities , and one open university, health science university , Kannada university and technical university which in total 13 under the state autonomy. By virtue of his office the Governor of Karnataka shall be the Chancellor of all these universities.
In 2000, state legislature passed Karnataka State universities act 2000. It was an act to replace the past enactment relating to state universities by a comprehensive enactment. Whereas it is expedient to replace the past enactment by a comprehensive enactment to consolidate and amend the law relating to state universities. It was amended thrice to establish Women's University of Bijapur ,Tumkur University and to restrict the jurisdiction of Tumkur University to Tumkur district in 2003,2004,2005 respectively. This act has given shape to role of governor by amalgamation of executive and academics for better governance and education. The section 69 of this act deals with Honorary Degree awards by State Universities.
As per section 69 of this act:
(1) If not less than two thirds of the members of the Syndicate recommend that an honorary degree or other academic distinction be conferred on any person on the ground that he is in its opinion, by reason of eminent attainment and position, fit and proper to receive such degree or academic distinction, the Syndicate may recommend the same for the approval of the Chancellor for conferment of such degree on the person concerned.
Clause (2) states that honorary degree or distinction may be conferred only in exceptional cases. It shall not be conferred as a matter of course. Only such of the persons who have contributed substantially to the advancement of Literature, Philosophy, Arts, Music, Painting or any other subject assigned to the Faculty of Arts, Science or Technology or conspicuous service rendered by them to the cause of education shall be identified for the purpose of grant of such honorary degrees.
(3) A degree of Doctor of Science (D.Sc) Honoris Causa may be conferred upon such persons in the branch of Science or Technology, Planning, Organising or Developing Scientific and Technological Institutions.
(4) A degree of Doctor of Laws (LL.D) Honoris Causa may be conferred upon persons who are distinguished Lawyers, Judges or Jurists, Statesmen or have made noteworthy contribution to the cause of the public.
Nowhere in the act mentions the Governor's discretion to reject the decision of syndicate to award doctorate or to discriminate whether the person is eligible or not for chancellor of state universities by virtue of his position.The selection is purely left to syndicate of the universities and act has laid the broad norms and procedure to follow to confer the Honorary Doctorate .
So the act of Governor of rejecting the honorary degree which is decided by syndicate of university is beyond the scope of his discretion and is unlawful act.
The Governor by virtue of the office is also the Chancellor of the universities in the any Indian states. Usually his role as Chancellor, envisages creating right environment and conditions for the universities so as to enable them to make greater contribution to the cause of Higher education in the states and the nation.
In Karnataka, there are 7 universities, 2 agriculture universities , and one open university, health science university , Kannada university and technical university which in total 13 under the state autonomy. By virtue of his office the Governor of Karnataka shall be the Chancellor of all these universities.
In 2000, state legislature passed Karnataka State universities act 2000. It was an act to replace the past enactment relating to state universities by a comprehensive enactment. Whereas it is expedient to replace the past enactment by a comprehensive enactment to consolidate and amend the law relating to state universities. It was amended thrice to establish Women's University of Bijapur ,Tumkur University and to restrict the jurisdiction of Tumkur University to Tumkur district in 2003,2004,2005 respectively. This act has given shape to role of governor by amalgamation of executive and academics for better governance and education. The section 69 of this act deals with Honorary Degree awards by State Universities.
As per section 69 of this act:
(1) If not less than two thirds of the members of the Syndicate recommend that an honorary degree or other academic distinction be conferred on any person on the ground that he is in its opinion, by reason of eminent attainment and position, fit and proper to receive such degree or academic distinction, the Syndicate may recommend the same for the approval of the Chancellor for conferment of such degree on the person concerned.
Clause (2) states that honorary degree or distinction may be conferred only in exceptional cases. It shall not be conferred as a matter of course. Only such of the persons who have contributed substantially to the advancement of Literature, Philosophy, Arts, Music, Painting or any other subject assigned to the Faculty of Arts, Science or Technology or conspicuous service rendered by them to the cause of education shall be identified for the purpose of grant of such honorary degrees.
(3) A degree of Doctor of Science (D.Sc) Honoris Causa may be conferred upon such persons in the branch of Science or Technology, Planning, Organising or Developing Scientific and Technological Institutions.
(4) A degree of Doctor of Laws (LL.D) Honoris Causa may be conferred upon persons who are distinguished Lawyers, Judges or Jurists, Statesmen or have made noteworthy contribution to the cause of the public.
Nowhere in the act mentions the Governor's discretion to reject the decision of syndicate to award doctorate or to discriminate whether the person is eligible or not for chancellor of state universities by virtue of his position.The selection is purely left to syndicate of the universities and act has laid the broad norms and procedure to follow to confer the Honorary Doctorate .
So the act of Governor of rejecting the honorary degree which is decided by syndicate of university is beyond the scope of his discretion and is unlawful act.
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