Shri Mata Vaishno Devi University Act 1999 & admissions in professional colleges of the SMVDU

DAYA SAGAR

Shri Mata Vaishno Devi University was established in terms of the Jammu and Kashmir Shri Mata Vaishno Devi University Act, 1999 (Act No. XII of 1999) (Received the assent of the J&K Governor on 12th May, 1999 and was published in the Government Gazette dated 14th May, 1999 ), an Act, to provide for the establishment and incorporation of a residential and highly technical University in the Union territory of Jammu and Kashmir {Construed for “State of Jammu and Kashmir” by S.O. 3912(E) dated 30.10.2019 } to offer scientific and technical education of the highest standards as also to usefully utilize the surplus finance of Shri Mata Vaishno Devi Shrine Board and for matter connected therewith ( Section- 4 of the Act :. Objects.– The objects of the University shall be to disseminate and advance knowledge, wisdom and understanding, and to offer scientific and technical education of the highest standards by teaching and research and by the example and influence of its corporate life) Section -6 of Shri Mata Vaishno Devi University Act, 1999 provides for the University to remain open to all classes, castes and creeds.– The University shall be open to all persons of either sex and of whatever, race, creed, caste or class.; & Section 8(1) of SMVDU Act provides that The Lieutenant Governor of the Union territory of Jammu and Kashmir] shall by virtue of his office be the Chancellor of the University. Section -13 provides to demand and receive payment of such fees and other charges as may be prescribed, from time to time ; Section -8 (3) reads There shall be a Vice-Chancellor appointed in the manner prescribed by the Statutes who shall be the Principal Executive and Academic Officer of the University and Ex-Officio Chairman, of the Executive Council, Academic Council and Finance Committee and he shall, in the absence of the Chancellor, preside at any convocation for conferring degrees.

As per Section- 9. Shri Mata Vaishno Devi Shrine Board is one of the Authorities of the University and as per Section-10 Shri Mata Vaishno Devi Shrine Board shall also be the supreme authority of the University. Not only that Section -15 (3) of University Act also lays down that every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the approval of the Shrine Board who may assent thereto or withhold assent or remit to the Executive Council for consideration..
As regards admission of students Section-16 (1) provides that subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely :- (a) the admission of the students, the courses of study and the fees therefor, the qualifications pertaining to degrees, diplomas, certificates and other academic distinctions, the conditions for grant of Fellowships. Awards and the like ;.
And as regards funds attention needs to be drawn to Section -20 (General Fund) that reads.– The University shall have a General Fund set up by Shri Mata Vaishno Devi Shrine Board in the name of the University and operated by the University to which shall be credited- (i) (ii) Rupees twenty crore as a onetime capital grant to be made by Shri Mata Vaishno Devi Shrine Board for meeting the non recurring cost of the University. Rupees three crore to be annually contributed by Shri Mata Vaishno Devi Shrine Board ; (iii) its income relating the fee and endowments ; (iv) contribution or grants which may be made by the Government ; and (v) other contributions or grants,
Section-1(3) of the Act lays down that Seat of the University shall be at such place as may be identified by the Government on the recommendations of a committee consisting of six members nominated by Shri Mata Vaishno Devi Shrine Board, Government of the Union territory of Jammu and Kashmir { Construed for “State Government” by S.O. 3912(E) dated 30.10.2019} and the University Grants Commission in equal numbers, and this shall be located at Katra or around.
Before we proceed further it is worthwhile to also mention here that that THE JAMMU AND KASHMIR SHRI MATA VAISHNO DEVI SHRINE ACT, 1988 (Act No. XVI of 1988) ( received the assent of the Governor on 31st August, 1988 and published in Government Gazette dated 1st September, 1988) , is an Act to provide for the better management, administration and governance of Shri Mata Vaishno Devi Shrine and its endowments including the lands and buildings attached, or appurtenant, to the Shrine, beginning from Katra up to the holy cave and the adjoining hillocks currently under the management of the Dharmarth Trust or property belonging to Baridar or Baridars’ Association within the area specified in the preamble of this Act. Section-4 of the Act (Vesting of Shrine Fund) reads.– The ownership of the Shrine Fund shall, from the commencement of this Act, vest in the Board and the Board shall be entitled to its possession, administration and use for the purposes of this Act. Similarly it very relevant to mention here Section -5 The Shrine Board Act that reads–(1)The administration, management and governance of Shri Mata Vaishno Devi Shrine, and the Shrine Fund shall vest in a Board comprising a Chairman and not more than ten members. The composition of the Board shall be as follows :– (a) The Lieutenant Governor of the Union territory of Jammu and Kashmir shall be the ex-officio Chairman of the Board, and if the Lieutenant Governor be not a Hindu, then he may nominate an eminent person professing Hindu religion and qualified to be a member ; (b) Nine persons to be nominated by the Lieutenant Governor of Jammu and Kashmir…. Similarly it is very particularly worth mentioning here that Section- 18 ( duties of Board) of the SMVDS Act 1988 also lays down among other things that subject to the provisions of this Act, and of any bye-laws made thereunder, it shall be the duty of the Board,– 18 (5) to undertake the developmental activities concerning the area of the Shrine and its surroundings ; 18(6) to make suitable arrangements for the imparting of religious instructions and general education ; and Section -21 (Grant to religious institutions).– The Board may make grants in favour of any institution for religious spiritual purposes.
Going by the particular references made here in above all decisions about affairs of the University & the colleges with the university are initiated , conceived and related proposals are drawn by the Shrine Board / the University Executive Council, Academic Council & Finance Committee and so no outside authority / or even government is directly involved in matters like what courses are to be started, what fee is to be charged, who should be admitted / who should not be admitted in the colleges / in the management & in the faculty etc but of course with the provisions of the related Act / provisions of the Constitution of India . So presently the admission rules , the beneficiaries and the fee charged is decided by the university & not exclusively the government ( ofcourse have to be within the constitutional provisions / codes that are applicable to the educational institutions / universities).
To be continued
(The writer is Sr Journalist & analyst of J&K affairs [email protected] 0419796096)