JAMMU, Oct 23: President Pratibha Devisingh Patil today promulgated an Ordinance to amend the Central Universities Act, 2009 paving the way for setting up two Central Universities in the State—one in Jammu province and another in Kashmir—thus meeting aspirations of the two regions. The Ordinance was issued by the President of India after it was approved by the Union Cabinet as Parliament was not in the session, official sources told the Excelsior.
The Ordinance, as per the legal practice, is placed before the Parliament whenever it meets for its nod. Sources said the Central Government decided to go for an Ordinance as there were still more than 20 days left for the beginning of winter session of Parliament
A copy of the Ordinance, available with the Excelsior, said: "whereas Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for her to take immediate action. Therefore, in exercise of the powers conferred by Clause (I) of Article 123 of the Constitution, the President is pleased to promulgate the Ordinance which would be called the Central Universities (Amendment) Ordinance, 2009".
Section 3A has been added after Section 3 of the Central Universities Act, 2009.
Section 3A states that the Central University of Jammu and Kashmir established under Sub-Section (4) of Section 3 shall be known as the Central University of Kashmir and its territorial jurisdiction shall be limited to Kashmir division of Jammu and Kashmir.
"Another University shall be established, which shall be a body corporate, to be known as the Central University of Jammu having its territorial jurisdiction extending to Jammu division of the State of J&K", it said.
It added that all assets and liabilities of the Central University of Jammu and Kashmir in respect of the territory of Jammu division of the State shall stand transferred to be the assets and liabilities of the Central University of Jammu.
"Anything done or any action taken by the University of Jammu and Kashmir in respect of the territory of Jammu division of the State shall be deemed to have been done or taken by the Central University of Jammu", the Ordinance read.
It said: "any suit or legal proceedings instituted or continued by or against the Central Universities of Jammu and Kashmir in respect of the territory of Jammu division of the State shall be deemed to be instituted or continued by or against of the Central University of Jammu".
According to the Ordinance, insertion of Section 3A after Section 3 of Central Universities Act will be a special provision with respect to the State of Jammu and Kashmir.
The Ordinance was today published in the Extraordinary Gazette of India.
According to sources, an amendment in the Central Universities Act, 2009 was necessitated as it provided for setting up of only one Central University in a State. The Centre had sanctioned 15 Central Universities in as many States including J&K.
However, trouble brewed up in Jammu after the State Government set up the office of University in Srinagar. Prof Abdul Wahid was appointed as the Vice Chancellor.
Students of educational institutions took to streets and Central University Andolan Samiti (CUAS) was set up to spearhead the agitation in Jammu region to get the Central University on the claim that it was sanctioned for Jammu while Kashmir valley was given the IIM.
Chief Minister Omar Abdullah led a high level Ministerial team to New Delhi and met Prime Minister Dr Manmohan Singh, UPA chairperson Sonia Gandhi, Human Resources and Development Minister Kapil Sibal and others seeking two Central Universities for the State.
Finally, it was on September 25 that Mr Sibal announced the Centre Government’s decision to sanction two Central Universities to Jammu and Kashmir as a special case keeping in view the regional aspirations. However, while granting two Central Universities to the State, the Centre dropped the proposal to give an IIM to the State. The Centre would divert the money for setting up of IIM for the purpose of additional Central University in the State.
According to sources, 11 out of 15 Central Universities have already started running their classes.
Meanwhile, Revenue Minister Raman Bhalla told the Excelsior that the Centre has been requested to depute a team at the earliest for inspection of three sites each for setting up the Central Universities in Jammu and Kashmir divisions.
Most likely, the Central University for Kashmir would be set up in Chief Minister Omar Abdullah’s Ganderbal Assembly segment while the Central University for Jammu could go to Samba district, sources said but added that a final decision vests with the Central team which has to take several issues into consideration like distance to the Central University from Airport, hospital, national highway and colleges etc.
http://www.dailyexcelsior.com/web1/09oct24/news.htm#1
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