Srinagar: Jammu and Kashmir Lieutenant Governor (LG) Manoj Sinha and Chief Minister Omar Abdullah seem to be at loggerheads once again after the former extended the tenures of the vice-chancellors (VC) of two leading universities without taking the CM’s office on board.
The controversy, which has again put the spotlight on the fissures between the two highest offices in Jammu and Kashmir, broke out on Friday (December 14) after the LG’s secretariat, in an order, extended the tenure of the VC of the University of Jammu for three years.
As per law, the LG acts as the chancellor – the de-facto head of the university – while the chief minister is its ex officio pro-chancellor. Both are members of the academic council, the highest decision making body of the university.
“In exercise of the powers vested in me, under Section 12 (5) of The Kashmir and Jammu Universities Act, 1969, I, Manoj Sinha, Chancellor, University of Jammu, hereby re-appoint Prof. Umesh Rai, as the Vice Chancellor, University of Jammu, for a term of three (03) years w.e.f. 05.04.2025, the date of completion of his existing term as the Vice Chancellor, University of Jammu,” the order issued on Friday said.
Under Section 5 of the Kashmir and Jammu Universities Act, 1969, the vice-chancellor of Jammu university is appointed for three years. Before the end of their term, the act empowered the varsity’s chancellor – LG Sinha in this case – to reappoint the incumbent for another term “in consultation with the pro-chancellor.”
‘CM’s office not consulted before extension’
However, after J&K was downgraded into a union territory, the term “in consultation with the pro-chancellor” was dropped from the act. Sources said that the chief minister’s office was not consulted on the issue before the extension was granted.
“It’s unheard of and very unusual that the term of the Jammu university VC has been extended four months before the expiry of his present term,” a source said.
In another order issued by Sinha, the tenure of the VC of Sher-i-Kashmir University of Agricultural Sciences and Technology – Kashmir (SKUAST-K) was extended by two years.
“In exercise of the powers vested in me under Section 25 (2) of the Sher-I-Kashmir University of Agricultural Sciences and Technology Act (SKUAST), 1982, I, Manoj Sinha, Chancellor, SKUAST, Kashmir, hereby extend the tenure of Prof. Nazir Ganaie, Vice Chancellor, Sher-I-Kashmir University of Agricultural Sciences and Technology, Kashmir, for a period of two (02) years w.e.f. 16.12.2024, the date of completion of his existing term as the Vice Chancellor, SKUAST Kashmir,” the order read.
While the SKUAST act empowers the LG to grant extension to the VC without consulting the chief minister, but it has to be done “after evaluation of performance” by the chancellor.
“How was the performance review done in this case when the complaints against the incumbent VC are officially pending before the GAD remains a mystery,” sources said.
Reports said that Abdullah’s office has also taken exception to the continuation of VC Ganaie on the grounds of pending complaints against him in the General Administration Department (GAD).
The two orders from the LG’s office have once again highlighted the power struggle in Jammu and Kashmir after Omar Abdullah was sworn into office as the first Chief Minister of the union territory in October this year.
Abdullah’s advisor Nasir Aslam Wani and J&K minister Sakina Itoo could not be reached for comment. This story will be updated if and when they respond.
Transfer of bureaucrats, continuation of AG had resulted in controversy
The controversy has broken out days after Raj Bhawan reportedly refused to continue with J&K’s Advocate General (AG) D C Raina whose resignation was turned down by the Abdullah government.
While Raina, who had resigned on October 19, was told by “top competent authority to continue to serve” as J&K AG, Sinha is reported to have opposed his continuation.
Earlier this month, the Abdullah government also took exception to the transfer of Vishesh Paul Mahajan, a J&K Administrative Service (JKAS) officer, from a district posting to the tourism department in Jammu division, even though the chief minister’s office is vested with the powers to transfer the JKAS officers.
Sinha’s move on December 1 to shift Mahajan had not gone down well with the government which, in its first major reshuffle last week, transferred the officer as transport commissioner of Jammu and Kashmir.
Following a recent amendment to J&K’s business rules by the Bhartiya Janta Party (BJP)-led Union government, only the power to transfer the Indian Administrative Officers posted in the union territory has been vested with the office of the lieutenant governor.
On November 29, the Abdullah government had come under fire after LG Sinha terminated two government employees by invoking Article 311 of the constitution.
Under this law, the suspect employees are termed as a threat to the “security of the state” and denied the right to a fair inquiry before termination. Some activists have argued that the law has been used in Jammu and Kashmir by the BJP-led Union government to settle political scores.
In its election manifesto, the ruling National Conference had promised to review the cases of more than five dozen employees who have been terminated under Article 311 following the reading down of Article 370.
Earlier, the University of Kashmir postponed the interviews of candidates shortlisted for assistant professor posts, citing rules under which the incumbent VC is barred from holding such interviews if their tenure ends in less than five months.
However, the Vice-Chancellor’s Secretariat, which is under the control of Raj Bhawan, had later decided to go ahead with the interviews, widening the fissures between the two offices.