In a hurry to beat the model code of conduct, the CM Siddaramaiah Government has appointed a special officer for the proposed Raichur University under an Act, that doesn’t exist! And the government is yet to get approval for the university, too!
On Monday – a day before election dates were announced – the higher education department issued a notification appointing Professor Muzaffar Assadi as special officer for the proposed university under Karnataka Universities Bill 2017 which is ‘conditioned’ to become an Act. Professor Assadi is a professor at political science department of Mysuru University. The bill was passed in the legislature and is pending before Governor Vajubhai Rudabhai Vala for his assent.
Leader of Opposition in the Legislative Assembly Jagadish Shettar has expressed reservations over the appointment of Muzafar Asadi as the special officer of the Raichur University and termed this appointment illegal. Addressing presspersons, Mr. Shettar said it was strange that the State government made appointment to a university that does not exist.
“The Legislature has passed the Bill pertaining to the formation of the new Raichur University and it has been sent to Governor, who is yet to give his approval. How is it that the government appoints a special officer for a university that does not exist?,” he asked.
Mr. Shettar said that the notification of appointment was issued on March 27 before the Election Commission announced the date of election and the model code of conduct coming into force.
“Chief Minister Siddaramaiah made this appointment in a hurry to appease the voters of one particular community. It is classic example of the Chief Minister violating the model code of conduct on his own,” Mr. Shettar alleged.
CM has appointed Prof Muzzafar Assadi as special officer for ‘proposed’ university under an Act, that doesn’t exist. But here here is the deal. Assadi was the ‘expert’ who recommended separate religion for Lingayats. In K’taka, division gives dividends!
CM has appointed Prof Muzzafar Assadi as special officer for 'proposed' university under an Act, that doesn’t exist. But here here is the deal. Assadi was the 'expert' who recommended separate religion for Lingayats.
In K'taka, division gives dividends! https://t.co/EgtQR7JkG1
— BJP Karnataka (@BJP4Karnataka) April 1, 2018
Law Minister T B Jayachandra confirmed to TNIE “the bill is pending before the Governor for his final nod for it to become an act.” He said the proposed university too has to get Governor’s assent. Going by his words, it is a double violation – one passing the notification through a non-existent act, and another appointing a person for the university that has not secured permission to be established from the Governor Jayachandra, asked about this appointment, said “It has come from Governor.”
Asked if the order was made based on a non-existent act to appoint a person from Siddaramaiah’s home district, he disconnected the call and did not respond to further attempts to reach him over phone.Former Law Minister and BJP leader Suresh Kumar said this act by the government is ‘ultra vires’.
“This is gross violation of the Constitution that has a clear direction to the administration machinery to take assent for all the bills to become an act,” he observed.The government has no powers to pass an order or notification under a non-existent act or a bill which is pending on the table of the Governor. He termed this order “legally untenable and holds no legal sanctity”.Former Academic Council Member of Gulbarga University, Venkatesh Patel, also opined that this was gross violation of the norms prescribed under the Constitution.
He further said the bill held no legal sanctity. “It is irony of the highest order, the government appointing a special officer for a proposed university under a non-existent law. This is an insult to the Constitution drafted by Dr BR Ambedkar. It also sharply reflects the mal governance,” he said. He added that the Chief Secretary should step in and withdraw the notification immediately.
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