Facing criticism for setting up a working group to assess the present relevance of the Delhi University Act, 1922, and possible application of the Essential Services Maintenance Act (ESMA) to teaching, learning, exams and evaluation in the university, the Ministry of Human Resource Development (MHRD) has said that the working group was “necessary” at this juncture.
A senior MHRD official told The Hindu that the idea of ESMA was necessitated after Delhi University teachers went on strike earlier this year during evaluation time. “We want to ensure that strikes without any reason do not hamper studies, exams and evaluation,” the official said.
Under criticism
Academics, however, have come out to criticise the constitution of the working group and its terms of reference.
“Under ESMA Clause [VIII], anybody can be arrested for speaking out, ‘for instigation’, ‘without warrant’,” said Academics for Action and Development chairperson Aditya Narayan Misra, adding: “Clause [V] states that such an Act shall be punishable with imprisonment for a term which may extend to one year.”
The controversy has arisen because of a University Grants Commission (UGC) notice that stated: “The MHRD... has directed to constitute a working group to study the Delhi University Act with the perspective of relevance and uniformity in today’s context, including bringing exam/teaching/learning/evaluation under... the Essential Services Maintenance Act [ESMA].”
The seven-member working group includes former UGC member V.S. Chauhan and UGC joint secretary Jitendra Kumar Tripathi.
Asked about the need to assess the Delhi University Act, 1922, the MHRD official said: “The Act does not allow new colleges as also autonomy to colleges. It thus needs to be studied with an eye on reform and expansion.”