AMU Students’ Union, AMU, Aligarh

D.No.__________ /SU Dated : 25/04/2011

Minutes of the meeting of the Union Executive dated April 25, 2011 at 6 pm at the Student Union Hall, Aligarh Muslim University Item No.1- To decide on the date of the next AMU Students Union Election and its entire process in the light of the Chapter VII read with Chapter III of the AMUSU Constitution.
The Union Executive noted that Section 27(k) Aligarh Muslim University (Amendment) Act, 1981 empowers the University to make statutes “for the establishment and recognition of the students’ Union...” and the Statute 34 of the AMU Act states, “There shall be a Students’ Union to be known as Aligarh Muslim University Students’ Union. The Vice-Chancellor of the University shall be the Patron of the Union.” The Union Executive further noted that the Aligarh Muslim University Students Union is a sovereign body of the students of AMU. The General Body of the M.U.S. Union, Aligarh ratified the The New Constitution of Students Union on 17th January, 1952 with the able guidance from the then President Janab S.S.Enayet Husain Aftab Sahab and the then Hony.Secretary Janab M.A.E Bulbulia Sahab. The CONSTITUTION of the A.M.U STUDENTS’ UNION was further submitted to the Chairman of the A.M.U Court by the Student Members of the Court on behalf of the General Body of A.M.U. Student’s Union. The Union Executive further noted the most important character of the AMU Students Union which is according to the Chapter III of the AMUSU Constitution the General Body shall be the supreme governing body of the Union. The Union Executive lamented on the fact that AMU administration historically due to its sinister design has often tried to crush the collective voice of the Students and also tried to play with the sovereign character of the AMU Students Union time to time by making parallel rules and regulation to control the functioning of the Union. This is highly deplorable and mockery of the Constitution drafted and ratified by the General Body of the AMU Students Union back in 17th January, 1952. The Union Executive upheld that Chapter III of the AMUSU Constitution whereas the Sovereign character of the AMU Students Union has clearly been declared should be respected by everyone whoever believe in democratic principle. In the light of the Chapter III of the AMUSU Constitution the Union Executive noted that doctrine of Ultra vires is very much applicable on the Section 2 of the AMU Students’ Union (Conduct of Election) Regulations, 2010 and therefore this Regulation of 2010 is no more good law. The Union Executive in order to study the legal jurisdiction of the Vice-Chancellor, AMU “to frame rules and regulation for the establishment and recognition of Student’s Union” by being the Patron of the AMU Students Union under the Clause 1 of the Chapter XXI of the Ordinances (Executive) seriously discussed the Minutes of the meeting of the Executive Council

held on 21/22.11.1987 in which the Chapter XXI of Ordinances(Executive) was passed whose copy was obtained by noted RTI Activist Mr. Mohd. Chaman from the Office of the Registrar (Council Section) vide letter D.No.(C)/ 2240 and dated October 15, 2009. The Union Executive painfully noted the fact that the Executive Council (EC) passed the Item No.46 of the abovementioned meeting of the EC bypassing the resolution of the AMU Court under Item No.20 in the meeting of the Court dated 10.8.1987 whereas AMU Court is the Supreme Governing Body of the University under Section 23(2) of the AMU Act. The Union Executive seriously reviewed the decision of the Executive Council, AMU which in its earlier meeting dated 30.7.1987 considered and approved the addition of the following as a new statute, relating to the establishment of the A.M.U Students’ Union:“Statute 34. Students’ Union- There shall be a Students Union to be known as the Aligarh Muslim University Students’ Union. The Vice-Chancellor of the University shall be the Patron of the Union. The rules for the establishment and recognition of the Students’ Union shall be prescribed by Ordinances.” The Executive Council meeting dated 21/22.11.1987 in spite of noting the fact that the AMU Court in its meeting held on 10.8.1987 considered the above recommendation of the Executive Council, and passed the following resolution under Item No.20:“Considered the proposal of the Executive Council for addition Statute 34 to the Statutes of the University and decided that the matter may be referred back to the Executive Council for deletion of the last sentence of the proposed statute beginning from the words “The rules” and ending with the words “by the Ordinances”, the proposed Statute after such deletion to read as follows:‘There shall be a Students Union to be known as the Aligarh Muslim University Students’ Union. The Vice-Chancellor of the University shall be the Patron of the Union.’ Further the AMU Court resolved in the same meeting that if the Executive Council approves the proposed Statute, as amended above, it may be treated to have been approved by the Court and may be sent thereafter, to the Visitor, for obtaining his approval.” The Union Executive noted the fact that later Vice-Chancellor in exercise of powers vested in him under Section 19(3) of the AMU Act has approved on behalf of the Executive Council, the addition of Statutes 34 to the Statutes of the University in the amended form as approved by the University Court, and had sent the same to the Visitor for his approval and by this way Statute 34 came into existence. However, the Union Executive lamented on the fact that though the supreme governing body of AMU, the University Court in its meeting dated 10.8.1987 had objected to the concept that the rules and for the establishment and recognition of the Students’ Union shall be prescribed by Ordinances and resolved that Statute 34 would be approved without granting such powers in the Ordinances, the Executive Council in its meeting held on 21/22.11.1987 under the Item No. 46 considered and approved the recommendation of the Academic Council for addition of the following as Chapter XXI to the Ordinances( Executive) in which Clause 1 states, “The Vice-Chancellor as the Patron of the A.M.U Students’ Union:may frame rules and regulation for the establishment and recognition of Students’ Union.” Union Executive very much disappointedly noted the fact that the Executive Council in the referred meeting of dated 21/22.11.1987 tried to supersede the powers of the AMU Court granted under the Section 23(2) also overlooked the Section 27(k) of the AMU Act in framing the Clause 1, Chapter XXI to the Ordinances( Executive) whereas it’s clearly written that only if it is in the Statutes, the AMU
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authorities are empowered to frame rules and regulation for the establishment and recognition of Students’ Union and not by any kind of Ordinances. Therefore, the Union Executive unanimously RESOLVED that Clause 1, Chapter XXI of the Executive( Ordinances) is no more good law and ultra vires in the light of the Section 27(k) of the AMU Act read with Chapter III of AMUSU Constitution and as per the resolution of the AMU Court under Item No.20 in its meeting dated 10.8.1987. The Union Executive in view of the abovementioned facts and evidences also resolved that AMU Students Union’s functioning including its Election won’t be guided by the AMU Students Union (Conduct of Elections) Regulation, 2010 as its beyond the legal jurisdiction of the Vice-Chancellor, AMU to pass such Regulation when Clause 1, Chapter XXI of the Executive (Ordinance) is ultra-vires to the AMU Act. The Union Executive also resolved that no authority except the General Body of AMU Students Union has legal powers to freeze or defreeze the financial transaction of the Union Fund collected from the students. The Union Executive suggested the President, AMUSU to communicate these findings of the AMUSU Executive to the Finance Officer, AMU for further necessary action. The Union Executive after due deliberations over the facts and legal niceties CONSIDERED the Item No.1 which is placed before it and decided unanimously to follow the Chapter VII read with Chapter III of AMUSU Constitution in the matter concerning the Election of the AMU Students Union. The Hony Secretary, Aamir Qutub proposed that dates of the election must be decided in the meeting itself and announced. Vice President expressed his opinion that dates of next election should not be discussed now. Cabinet members Shibanur Rahman, Masoom, Jamal, Haider and Maryam expressed that dates of election can not be proposed at this point of time. President, Abu Affan Farooquee said that the Union will conduct the elections within 75 days according to the AMUSU constitution but we can not announce the exact dates at this point of time. Therefore Union Executive RESOLVED by the majority through voting that the election date of AMUSU can’t be decided at this stage and it may be deferred for the time being. The Hony. Secretary proposed that Union Executive must call a General Body Meeting to decide the dates of the next AMUSU elections. President opined that the Union Executive should call a General Body Meeting to decide whether the next elections of AMUSU should be held by the Lyngdoh Committee recommendation or by the Chapter VII of AMUSU Constitution. The Union Executive by majority RESOLVED that a General Body Meeting of AMUSU would be called soon as per the proposal of the President. The Union Executive further resolved that if the Hon’ble Supreme Court of India or any other Court of Law initiates any legal proceedings against the conduction of the Students Union Election at AMU properly guided by Chapter VII of AMUSU Constitution in place of Lyngdoh Committee recommendation, the elected representatives of the AMU Students Union shall fight the matter legally for the sovereignty of the AMU Students Union and the sanctity of the Constitution of the AMUSU passed by its General Body. The Union Executive further resolved to place the Item No.1 before the next General Body of the AMU Students Union and thereafter to place the resolution of Union Executive and General Body

before the AMU Court through the Student Members of the AMU Court to exercise its power under Section 23(2) of the AMU Act to review the jurisdictions of AMU Students Union (Conduct of Elections) Regulation, 2010 and the Clause 1, Chapter XXI of the Ordinances( Executive) in the light of the Section 27(k) of the AMU Act and the overriding powers of the same superseding the Chapter III of the AMUSU Constitution. Item No. 2- To decide on the course of action against the Finance Officer, AMU in view of the newspaper report questioning her appointment in the Aligarh Muslim University. Hony. Secretary painfully stated that it is very painful to read the news article published in Dainik Jagran (April 6, 2011 Page 14 and April 7, 2011 Page 14)regarding in the appointment of Asst Finance Officer. This news has caused a great loss to the image of AMU. AMU Students Union should demand that AMU Administration must take this matter seriously and conduct an urgent unbiased inquiry in this regards. If found guilty the wrongdoer must immediately be punished. If this news is found to be fake, then administration must clarify the facts and take immediate action against the Newspaper for tarnishing the image of the university. Silence is not the answer to all the questions. Therefore, Hony. Secretary proposed that we must demand the administration to come forward and take immediate action in this regards. Vice-President said that he is not in favor of any inquiry as its futile exercise and he has no trust in such committees. Cabinet Member Masoom Raza said that AMUSU must strongly demand that the Finance Officer be removed immediately for the interest of the university. Most of the Union Executive expressed their opinion that no inquiry must be set up as it’s a useless exercise. President stated that a lot of cases of corruption are coming in the news and it’s definitely not in the interest of the University to be silent. However, the Union has already started the fight against corruption with the demand for the removal of MIC, Students Stationary Mart on the allegations of corruption and will demand for necessary action if any wrongdoing is found in any other cases of the University. Therefore the Union Executive by majority votes DEFFERED the matter till the next meeting of the Union Executive.

Item No.3- To consider the draft of the rules and regulation of the Committee against Sexual Harassment and for Gender Sensitization( CASHGS) prepared by one student of M.A Mass Communication IV Semester Mr. Md. Adil Hossain and the same which was sent by the President, AMUSU to the Vice-Chancellor vide letter D.No. 3079/SU and dated 05.04.2011 for safeguarding the interest of the female students of AMU. The Union Executive painfully noted the fact that the members of the present Women’s Cell are not assigned any written power and duties to carry forward an unbiased inquiry in case a sexual harassment case is registered with the AMU administration. The Union Executive also lamented on the fact that Proctor and Registrar should not be in the Women’s Cell in the first place as their presence would vitiate any inquiry due to the conflict of interest. The Executive Committee of AMUSU seriously studied the observation of the Former Member of the Womens Cell, AMU Prof.Amina Kishore where she pointed several serious flaws in the current functioning of the Womens Cell. Union Executive unanimous desired that there should be fair representation from all sections of the AMU (students, teachers, non teaching staff etc) who are not in the administration especially in such Cell for an unbiased inquiry to instil hope of justice amongst any beleaguered victim as present there

in the Section 3 of the Draft Rules prepared by Md.Adil Hossain.

After due deliberations the Union Executive Considered and Approved the draft Rules and Regulation of the Committee against Sexual Harassment and for Gender Sensitization (CASHGS) and request the Vice-Chancellor to implement it immediately without diluting any portion of the Rules and Regulation as submitted by the President, AMUSU to Vice-Chancellor in his letter dated 05.04.2011 to safeguard the interest of the women in our beloved AMU Campus. Hony. Secretary proposed that since President, AMUSU has submitted the draft rules and regulation of the CASHGS and Mr.Md. Adil Hossain has prepared the draft therefore they both must be included in the proposed High Level Committee appointed by the Vice-Chancellor. The Union Executive painfully stated the fact that in the era of public consultation in the lawmaking process as the nation witnessed in the drafting of the Lokpal Bill and the subsequent order issued by the Govt of India where members from the Civil Society was accepted in the law making process, the AMU administration in its order vide D.No. 34/LS and dated 23.04.2011 has not given a place to the students in the High Level Committee to draft such important rules. The proposal of the Hony. Secretary was unanimously ACCEPTED by the Union Executive and it strongly demanded that an Order must be issued immediately to include the President, AMU Students Union and Mr. Md.Adil Hossain, MA Mass Communication IV Semester in the High Level Committee to prepare the comprehensive rules for A.M.U in relation to sexual harassment and gender sensitization. Hony Secretary also raised the OBJECTION on the inclusion of some teachers in the committee who have a background of sexual harrasment cases but the Executive did not had anymore discussion on the issue. Item No. 4: To consider the proposal of the elected representation of the students in the Faculty & Board of Studies in the Aligarh Muslim University by bringing necessary changes in the Statute 20(3) and the Statute 22 of the Aligarh Muslim University( Amendment)Act, 1981. The Union Executive observed the fact that the Statute 18(3) of THE JAWAHARLAL NEHRU UNIVERSITY ACT 1966 (53 OF 1966) states, “Every School shall have a board consisting of the following members, namely: i. The Dean of the School ii. The Heads of Department of School. iii. The Professors in the Departments in the School; iv. One Reader and One Lecturer, by rotation according to seniority from each Department in the School. v. Five Members elected by the Academic Council for their special knowledge in any subject to the School or in any allied branch of knowledge; vi. Such other members, but not exceeding five, as may be specified in the Ordinances; vii. Four students from SLL&CS, three students each from SSS and SIS and two students from SA&A shall be elected from amongst the students of these Schools, provided that they fulfil the eligibility conditions as laid down in Statute 18(7). The representation of the elected students on the Special Committees of Science Schools/Special Centres shall be provided in the Academic Rules and Regulations. The Students admitted to B.A. as well as M.A. programmes shall elect one representative each. Likewise the students admitted to MPH/M.Phil as well as

Ph.D. programmes shall also elect one representative from each of the two programmes. The students’ representatives shall not have the right to be present when any of the following subjects are taken up for consideration by the Board:

(a) Faculty positions, recruitment, conditions of service and academic freedom; and (b) Actual processes of evaluating academic performance and merit of students....” Union Executive appreciated the fact that the JNU Administration unlike the AMU administration has given elected representation to the students not only in Academic Council but also in the statutory bodies like School of Studies & Board of Studies.

The Union Executive lamented on the fact that when another Central University may incorporate elected student representation in the Statutory Bodies like Faculty and Board of Studies, the AMU administration has never taken such steps to give greater space to the views and opinions of the student community here in the decision making process on the important issues pertaining to the Faculty and Department where students are the stakeholders. The Union Executive unanimously resolved that there should be elected representation of the students from the undergraduate, postgraduate and research courses in each Faculty and in the Board of Studies. The Union Executive therefore Considered and Approved the proposal of having the elected representation of the Students in the Faculty by amending the Statute 20(3) and in the Board of Studies by amending the Statute 22 of the AMU Act. Union Executive further resolved that the eligibility criteria of the students for contesting the elections for the representation of the Students in the Faculty and Board of Studies should be the as present for the representation of the students in Academic Council under Clause 2 of Chapter XV-A of the Ordinances (Executive). The Union Executive unanimously decided to place the Item No. 3 before the next General Body of the AMU Students for its approval. Item No.5- To consider the letter by the Hony.Secretary, AMUSU submitted at the Office of the Vice-Chancellor vide D.No. 3101/SU and dated 06.04.2011 on the matter pertaining to the immediate implementation of the Teachers Evaluation System at AMU as present in other Central Universities in India. Union Executive appreciated the effort of the Hony. Secretary to take initiative on this regard which has been long ignored by the AMU Administration and such ignorance has seriously question its credibility and intention for academic excellence at the University. Union Executive also noted the fact that UGC, Sixth Pay Commission had recommended the Teachers Evaluation Proposal and had directed all the Universities to follow the same but the Aligarh Muslim University administration seemed to be silent on this issue. Union Executive painfully noted the fact that though AMU authorities left no time to increase the salaries and perks of the Teachers manifold following the same Sixth Pay Commission recommendations, but when it came to the matter of improving Academic Excellence through the implementation of Teachers Evaluation System as recommended by the same Commission, it has shown least concern. Union Executive was informed that other Central Universities like Jawaharlal Nehru University, Benaras Hindu University, English and Foreign Language University, Central University of Hyderabad has already implemented the Teachers Evaluation System long back and on the same the AMU administration is only putting the issue in the cold place by deferring the matter many times in the Academic Council. Union Executive seriously noted the fact that AMU Students Union can’t be silent on this issue as it’s related to the academics of the students and the general academic milieu of our alma mater.

Union Executive CONSIDERED and RESOLVED unanimously that Teachers Evaluation System must be implemented at Aligarh Muslim University immediately to safeguard the academic interest

of the students in general. Union Executive further resolved that the Item No.4 be placed before the General Body for its kind approval and thereafter a democratic struggle would be started to implement the Teachers Evaluation System at AMU as soon as possible if the AMU administration does not take this proposal seriously.

Item No. 6- To consider the proposed changes in the Discipline Committee of Aligarh Muslim University and its meeting to safeguard the interest of the students. Union Executive noted the fact that the Discipline Committee members are being appointed by the Vice-Chancellor as per the power vested in him under the Chapter XI of the Ordinances (Academic) read with Section 29(1)(m) of the AMU Act. During the Vice-Chancellorship of Janab Mr. Hamid Ansari Sahab, an Order was passed to consider the following persons as the member of the Discipline Committee: Pro-Vice Chancellor 2. Registrar 3. Proctor 4. Three Deans to be nominated according to their Alphabetical Order in a year. It was also ordered that in the absence of the Pro-Vice Chancellor the Proctor shall Chair the meetings of the Discipline Committee.
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Union Executive painfully noted the fact that before the installation of the present AMU Students Union, the AMU Administration indiscriminately suspended and subsequently take actions on the students since July 1, 2007 and this matter created a lot of hue and cry among the students who largely felt that without considering the facts and evidences on record and the basic principles of justice, they are being first accused and then subsequently allegedly proven guilty by the Discipline Committee. In an RTI reply to Mr. Irfan Khan by the CPIO, Proctors Office vide letter D.No. 158/Proc and dated 14.08.2010 has admitted under point no. 3 & 4 that in the meeting of the Discipline Committee held on 07.07.2010, the then Proctor Prof. Mohd. Zubair Khan not only chaired the Discipline Committee meeting but also presented the cases against the students. Union Executive noted that such action by the Proctor during the Discipline Committee meeting is a clear violation of one of basic principle of natural justice. Hon’ble Supreme Court of India in the case of Union Of India & Another vs Tulsiram Patel 1985 AIR 1485 wherein it has stated in Para 2, “The principles of natural justice consist primarily of two main rules, namely, "nemo judex in cause sua" ("no man shall be a judge in his own cause") and "audi alteram partem" ("hear the other side"). Union Executive noted that the rules and bye-laws made for the functioning of the Discipline Committee meeting has often flouted the judgements of the Supreme Court and High Court in many instances and the AMU administration must take corrective steps on this regard. Union Executive noted the fact that in the existing composition of the Discipline Committee, an accused student can never dream of getting justice and unbiased perusal of the case against him. The media in the last one year has often criticized the AMU administration for victimizing the students under the pretext of false disciplinary enquiry and still it has not learnt any lesson. Union Executive after detailed deliberations and considerations RESOLVED that the existing composition of the Discipline Committee must be changed in order to protect the interest of the AMU Students and the Vice-Chancellor must issue a simple Order on this regard exercising his powers under the Chapter XI of the Ordinances (Academic).

Union Executive unanimously PASSED the proposal of having these following persons in the Discipline Committee for having a balanced approach in the disciplinary cases against students: Senior Most Professor. Also the Chairman of the Discipline Committee. One Persons/ Dean nominated by the Vice-Chancellor Proctor. He shall present the case against the student as the Prosecution. A person nominated by the Accused Student. A person nominated by the AMUSU Executive. The Union Executive also unanimously APPROVED the proposal that the Discipline Committee meetings be Video recorded for greater transparency and accountability in the decision making process.
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The Union Executive further RESOLVED that Discipline Committee meeting be convened within two weeks of the suspension of the accused student so that he/she do not suffer any tutional loss which may harm his/her career pending inquiry. Union Executive painfully noted that in 2010, the AMU administration intentionally to harass students kept Mr. Irfan Khan and Mr. Afaq Ahmad( both from Dept. of Mass Communication) under suspension for months without Charge-sheeting them and holding of the Discipline Committee meeting thereafter. In the end the Union Executive decided to place the Item No.5 before the General Body for its kind approval. Any Other Item: To propose a Committee under the supervision of Hony. Secretary to look into the infrastructural & general developments of faculties, Halls of Residences and the campus as whole and to prepare reports and to work on its implementation. Hony. Secretary proposed and sought the permission of the Union Executive to appoint such Committee under his supervision which can look into the infrastructural and general development of the faculties, Halls of residences and the campus as whole and prepare reports so that Union may later act on its implementation for the benefit of the students committee. The Union Executive unanimously Accepted the proposal of the Hony. Secretary.

(Aamir Qutub) Hony. Secretary AMU Students Union