In LG vs CM In Jammu Kashmir, J&K Reorganisation Act Wins: Manoj Sinha Extends VCs' Term Despite Omar Abdullah's Ban

J&K L-G Manoj Sinha extended the terms of VCs of SKUAST and Jammu University, issuing two separate orders from Raj Bhavan on Friday.

Srinagar:Ignoring Chief Minister Omar Abdullah's recent direction on such decisions, Jammu and Kashmir Lieutenant Governor Manoj Sinha has ordered the extension of the tenure of vice chancellors of two universities in the Union Territory.

In two separate orders issued on Friday (Dec 13, 2024), Sinha extended the terms of Vice Chancellor of Sher-i-Kashmir University of Agriculture Sciences and Technology (SKUAST) Professor Nazir Ahmad Ganaie and Vice Chancellor of University of Jammu Professor Umesh Rai.

Invoking Section 12 (5) of The Kashmir and Jammu Universities Act 1969, Sinha extended the term of Prof Rai for three years from his date of retirement. Rai is completing the term on 5 April 2025.

Ganai’s extension has been ordered by Sinha under Section 25 (2) of the Sher-i-Kashmir University of Agriculture Science and Technology Act. Ganaie was completing his term on 16th of this month. Both VCs were appointed by Sinha.

The extensions come 10 days after Omar Abdullah had imposed a ban on re-employment, extensions, additional charges and attachments, except in extraordinary circumstances.

On December 3, while chairing a meeting with the officers of the General Administration Department, Omar banned the extensions to “ensure streamlined governance.” “We must put an end to this practice,” Omar had asserted in the meeting.

Sinha, who is the chancellor of UT universities, is empowered to take such decisions under the Jammu and Kashmir Reorganisation Act 2019, which has vested all powers with the L-G. In the erstwhile state of Jammu and Kashmir, the chief minister had the power to appoint VCs.

This excerpt from the Reorganisation Act clearly defines L-G's authority in the UT over the elected CM: "Provided that if any question arises whether any matter is or is not a matter as respects which the Lieutenant Governor is by or under this Act required to act in his discretion, the decision of the Lieutenant Governor in his discretion shall be final, and the validity of anything done by the Lieutenant Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion."

Omar's handicap: Lack of Business Rules

The elected government is yet to frame the Business Rules despite a sub-committee, headed by the deputy chief minister Surinder Kumar Choudhary having been formed a month ago.

National Conference’s alliance partner, Congress, which is giving outside support to the Omar-led government, has also argued for framing business rules, saying the dual control is putting people of Jammu and Kashmir into trouble.

“It is not good for the democratic system and a wrong precedent is being set by not framing the Business rules and defining the powers of the elected government which has been in place for two months now. It is not a good trend," Karra told reporters in Srinagar on December 12.

The Omar-led government was sworn in on October 16 and will be completing two months. But in absence of Business Rules, the elected government is handicapped to take major administrative decisions.

Read More