Representation by DNLU Students

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STUDENTS

DHARMASHASTRA NATIONAL LAW UNIVERSITY


JABALPUR, MADHYA PRADESH

To, Date – 18.08.2022


The Hon'ble Chancellor,
Dharmashastra National Law University, Jabalpur
Madhya Pradesh, 482001

Subject – No-confidence resolution by the students of DNLU

Respected sir,

This is to humbly inform you that the students have lost faith in the current Vice-Chancellor
of DNLU, Prof. V. Nagaraj, for his arbitrary and irresponsible actions that have led to
maladministration in the university. We are highly skeptical of the financial sanctity of the
university under his vice-chancellorship. We have highlighted the financial and administrative
irregularities in the representation attached along with this letter. We are pained to inform
you that students have been targeted and mentally harassed by the university's officers under
the vice-chancellorship of Prof. Nagaraj. We would also bring this to your kind attention that
on the first day of protest, within 15 minutes, the Vice-Chancellor had called the police on the
university's campus. Subsequently, the police misbehaved with students at the
administration's instruction. We are seeking inspiration from the motto of the university

as law students. We consider this as our Dharma to oppose any kind of


injustice. Therefore, we are placing this motion of no-confidence that the students have passed
for Prof. Nagaraj's administration.

Sincerely,
The Students of Dharmashastra National Law University
Jabalpur, Madhya Pradesh

Students of Dharmashastra National Law University


Email - [email protected]
A. REFUNDING/ADJUSTING FEES AND FINES
1. In lieu of the Notification by UGC Dated 02-August-2022, we demand full return of the
fee collected by the University for the period students did not avail hostel facilities.
BATCH Girls Boys
2018 - 2023 89812 56312
2019 - 2024 56312 56312
2020 - 2025 40,000 40,000

2. All the fines charged arbitrarily without following the standard process of disciplinary
inquiry and without following the principles of Natural Justice shall be refunded.
3. It is demanded to remove the charge of Rs.5500 from the fee structure pertaining to
Reading Material as they are highly substandard and of no use. Reading material strictly
limited to relevant matter shall be provided in digital format without any cost.
4. It is demanded that charges pertaining to maintenance i.e. Rs. 5,500 shall be removed as
a hefty fee of Rs. 22,000 is already being charged under the head of campus development
fee.
Clause 2 of DNLU Ad Hoc Disciplinary Rules define ‘Campus’ as – “hostels, academic
block, administrative block of the University and the area adjacent to it.”
As Campus already includes hostels no further charge can be levied for its maintenance
as it is already been covered under head “campus development fee.”
5. It is demanded that that there shall be a reduction of Rs 3000 from the head of Hostel
charges as the rule of 10% hike cannot be applied to Hostel Rent as actual rent is not
increased.
6. It is demanded that Campus development fee charged at time University was in online
mode shall be refunded in full. When students reached the University after reopening
University was in a miserable condition. There was no relic of “development”.
B. DELETION OF STIPULATED ARBITRARY RULES
7. It is demanded that Rule 50 shall be deleted being violative of the Principle of the
Natural Justice. Furthermore, University shall create a just mechanism for disciplinary
inquiry which shall be in consonance with the principles of Natural Justice. The
arbitrariness in the current rule can’t be stressed enough.
8. There is no mechanism for hearing the grievances of students. The rule that “her/his
parent/local guardian will not be permitted to question the authorities on any ground
whatsoever.” can’t be continued to be in force in any condition whatsoever. Rule 50
stipulates that “Any hostel inmate found guilty of misconduct or continual breach of the
Ad Hoc Rules or of gross indiscipline or a student of bad influence, is liable to be
expelled to be forced with. The decision of the authorities in this regard shall

be final and binding of the student, and her/his parent/local guardian


will not be permitted to question the authorities on any ground
whatsoever.
9. It is also demanded that all the fines levied and all the disciplinary proceeding conducted
by exercising of power given under this rule shall be declared void. All the fines
collected arbitrarily shall be refunded and the student Saloni Vyas of Batch of 2026 shall
be allowed to remain in hostel and her expulsion order shall be rescinded with immediate
effect.
10. It is demanded that in timing for Campus shall be extended to 12 A.M. whereas campus
and library shall be accessible 24*7
11. QUASHING OF THE ORDERS DIRECTING TO PAY RS. 7500/5000 PER
SUBJECT FOR BEING ELIGIBLE TO ATTEND REMEDIAL CLASSES AND
ATTEMPT THE EXAMINATION.
12. It is demanded that the order dated 26.07.2022 shall be quashed on the grounds of it
being arbitrary, retrospective and detrimental to the students.
13. The rule of debarment or the imposition of fine was not informed to the students at the
beginning of the semester.
14. The attendance list was released merely 15 hours prior to the exam, even that list was
not final, it was followed by three subsequent lists debarring more students. It goes on
to show gross mismanagement on the part of the University administration and puts the
student in a precarious position.
15. Students were even debarred two days after the exams began and multiple other students
were picked out from the very examination halls. When students approached the
attendance committee, no explanations were provided by them and students were left
helpless and fazed.
16. All the events of maladministration in calculation of attendance, announcement of
arbitrary fee when students were away from campus, rejections of medical certificate
and non-cooperation of attendance committee members cast grave suspicion on the
whole scenario. This entire ordeal clearly shows the mala fide intention of the
University.
17. It is of utmost importance to point out that even the remedial classes are not being held
regularly, thus bringing down the number of total classes.
18. Timings of the regular classes often clash with the remedial classes because of which
teachers cannot hold the remedial classes as per the time table; it goes on to show that
the remedial classes were not well thought out.

DETRIMENTAL STATE OF AFFAIRS IN THE UNIVERSITY

19. Since most of the students come from humble backgrounds and are not even in a position
to pay the annual fee without instalments, we demand that all the students be allowed to
pay the fee in two instalments.
20. It is demanded that the marks for attendance be removed, as this policy is highly ableist,
where students are robbed of marks for falling sick, suffering from terminal pain and
other medical conditions.
21. It is demanded that all the students are given Saturdays off.
22. The first-year students, especially girls, have been provided extremely pathetic living
conditions with no proper sanitation or wi-fi facilities. We demand that the
administration gives a reason as to why they were underprepared yet again, knowing full
well that a new batch of students is to be inducted.
23. It is pertinent to mention that a similar situation arose during the previous semester in
the month of March. The administration had even delayed the semester by a month citing
“preparation and making arrangements for the incoming batch” as a reason.
24. Students have been informed that the doors of Jagdish Bhawan were opened on the very
day they arrived, that there was utter confusion in the month of March and that the
students themselves had to work very hard to make the hostel habitable.
25. Despite charging hefty amounts in the name of Campus Development Fee and
Maintenance Charge, no work has been done in the Campus. The main play-ground is
in a pathetic condition. The ground is unkept, putting the lives of students in peril as it
serves as a breeding ground for venomous snakes, bugs and dangers of similar kind.
Similar conditions prevail in the hostels with honey-bees often stinging the students.
26. The University despite being fully aware of the situation that students will arrive on 17th
of August, did not take any action in this regard. (refer annexure)
27. At the time of inception, the University promised to provide a dedicated gymnasium
Hall for the students. It is a pathetic state of affairs that the administration of the
University even in the fifth-year, could not provide a basic facility such as a dedicated
gym. The University does not concern itself with the health and wellbeing of the students
even after the world has seen such a huge health related catastrophe. It is demanded that
the University provide a fully furnished gym.
28. It is demanded that the sports activities shall be conducted both in the evening and
morning under the supervision of sports instructor.
29. It is demanded that wardens of the respective hostels shall not be from the teaching
cadre.
REDUCING OUT PASS TO JUST AN INFORMATION MECHANISM
30. The out-pass system has been used to limit freedom of movement of students. The
student body consists of all adults and the current system undermines their agency.
31. In addition to the aforementioned, the wardens often deny permission without providing
a rationale with bizarre reasons like since the student was permitted to go outside the
day before, they cannot avail permission for another out-pass for the next day.
32. The wardens of both the hostels are blatantly sexist. Students have quoted instances
where bizarre equivalents were drawn by the warden of girls’ hostel where they tried to
put a veil over the lack of facilities saying one needs to work hard to lose weight. They
even went as far as saying that it does not matter if there is no electricity or cooler and
that sweating will make students lose weight. Such atrocious comments coming from a
professor of a National Law University are detrimental to overall development of
students, it normalises fat shaming, sexism and misogyny, not conducive for
students. The warden of girls’ hostel has time and again failed the students.
33. It is demanded that out-pass system be reduced just to inform the authorities of the
absence of a student from the hostel and nothing beyond that.

34. INCOMPETENCE OF INTERNSHIP AND PLACEMENT CELL (IAPC)

35. The IAPC, ever since its institution has time and again failed to meet the demands of
students which is, securing them internship and providing job security.
36. As per the information received from the student members of IAPC, there is no system
of information flow in the cell.
37. The student members are responsible only for grunt work, like maintaining directory,
sending emails, making calls etc. they are neither given any opportunity to put forth the
interest of students nor are they involved in decision making of any kind.
38. We also like to bring to light the gross mismanagement by the IAPC in handling
internship applications and granting academic leaves.
• Not enough time was given to students to send their confirmation letters.
• There were no proper criteria laid down by the IAPC for selecting applications
for granting academic leave.
• The faculty in charge acted in an unreasonable and arbitrary manner while
demanding confirmation letters from students.
• The student members have no data on the number of students who have secured
internships through IAPC.
39. We demand an inquiry into the functioning of IAPC and the work done by the Faculty-
in-Charge and the PRO so far.
40. We would also like to flag that despite repeated complaints against the current Faculty-
in-Charge of the IAPC, no action has been taken against him.
41. We have lost all confidence in the Faculty-in-Charge of IAPC and demand his
resignation from the position of the same.
42. Fifth year students are in the last leg of their academic journey and the least that they
ask from the University is to allow them the access to adequate opportunities.
43. It is further demanded that in case the students of fifth year secure an internship during
Semester 9th and 10th, they should be allowed to take up such internships and also be
granted academic leave in lieu of such internship.
CONSTITUTION OF SBA
44. Students shall be in the decision-making capacity especially in college committees. It is
only then can the university function in the best interest of students.
45. We demand the formation of the Student Bar Council, so that the interest of students can
be looked after.
46. We further demand the acceptance of the Constitution of SBA unconditionally, as
submitted by the students.
TRANSPARENCY MECHANISM
47. It is demanded that the University shall adopt a transparency mechanism under which
all the records that the University is obliged to maintain under the DNLU Act, Statute
and Regulations as well as the information stipulated in Para 4, are published at the
earliest.
48. The publication shall be made within 3 days after the record comes into existence or any
changes have been made thereto.
49. The mode of publication shall be online and all the publicised material shall be
accessible through the official website of DNLU.
50. Publication of the following records shall be mandatory-
• Minute Books of meeting of Executive Council, Academic Council and
Finance Committee.
• Any order of the competent authority conferring any charge or additional
charge upon any Officer of the University or upon any other individual.
• Any order of recruitment of any individual as specified in Schedule-F of the
DNLU Regulations. Provided that publication in respect of employees below
group B can be at discretion of the University.
• All the Books of Account which the Controller of Finance is obliged to
maintain under Chapter – 7 of DNLU Regulations.
• A quarterly income and expenditure statement of the University.
• The supplier’s register that the Controller of Finance is obliged to prepare under
Chapter 7 of the DNLU Regulations.
51. Such publication shall be made retrospectively.

CHECKS AGAINST THE CONCENTRATION OF POWER AND ULTRA VIRES


RECRUITMENTS.

52. It is demanded that the provisions of the governing instruments of the University are
strictly adhered to and any post conferred in violation shall be rescinded with immediate
effect.
53. It is demanded that University shall give explanation of appointment of Mr. Jalaj
Goantiya as Registrar-in-Charge. Mr. Jalaj Goantiya was not eligible to hold the said
charge. The reasons being, -
• Sec. 34(6) of the DNLU Act stipulates that “In the event of the post of Registrar
being vacant for any reason, the Vice-Chancellor may authorise any officers in
the service of the university to exercise such powers, functions and duties of
the Registrar as the Vice-Chancellor may deems fit.”
54. Mr. Jalaj Goantiya did not hold any of the above posts or offices at the time of the
appointment. Thus, his appointment as Registrar was illegal being ultra vires of the
governing instruments of the University. We demand that Mr. Jalaj Goantiya shall
vacate the post of Registrar-in-charge with immediate effect.
55. It is also demanded that the University gives an explanation in respect of the
appointment of Mr. Jalaj Goantiya as the Deputy Registrar while he was already serving
as an Assistant Professor in the University. Mr. Jalaj Goantiya, being an employee of
Teaching Cadre cannot simultaneously be an employee of the non-teaching
administrative cadre. There needs to be a clear separation of the duties allocated and the
powers being held by teaching personnel. In lieu of this, we demand that Mr. Jalaj
Goantiya shall not be reappointed as Deputy Registrar after his post as Registrar-in-
Charge is terminated.
56. We further demand that a rule shall be made categorically stating that “No employee of
Teaching Cadre shall be simultaneously inducted as an employee of non-teaching
administrative cadre.”
57. We demand that all the posts of non-teaching administrative cadre to be filled within 1
month of submission of this representation.
58. Secondly it is demanded that Mr. Manwendra Tiwari shall vacate the Post of Controller
of Examination. The reason being, -
Statute “THREE” stipulates that the “Controller of Examination to be a whole time
Office of the University.” Mr. Manwendra Tiwari, being an Associate Professor, Dean
of the Faculties and Chief Warden should not be given charge of such a position which
requires absolute and unqualified devotion of the bearer’s time and concentration.
Furthermore, such concentration of power in a single hand is inherently dangerous and
arbitrary for the students.
59. It is demanded that provisions shall be made in respect of the vacant posts that the post
of an Officer of University shall not be vacant for more than 9 months. Moreover, power
to confer charge in respect of such vacancy shall not be exercised more than once and
the vacancy shall be filled within 15 days of completion of such conferred charge.
60. Furthermore, a provision shall be made that a charge cannot be conferred upon for a
period of more than 6 months.
RESIGNATION OF VICE CHANCELLOR WITH IMMEDIATE EFFECT
61. As per Sec. 34(6) of the DNLU Act, power to appoint an Officer of the University as
Registrar in Charge rests with Vice Chancellor of the University. Furthermore, as per
Regulations, Deputy Registrar is also appointed by Vice Chancellor. Moreover, as per
DNLU Regulations, VC is also vested with the power to appoint the Controller of
Examination (in charge).
62. The current VC of DNLU, Dr. Nagaraj blatantly violated the powers conferred upon
him by illegally recruiting Mr. Jalaj Goantiya as Registrar in Charge as well as Deputy
Registrar of the University. He also concentrated huge power in the hands of Mr.
Manvendra Tiwari which is completely arbitrary and detrimental to students.
63. On 31st March 2022 an advertisement for the post of Registrar of DNLU was posted.
The advertisement prescribed-
“The candidate possessing at least 10 years of teaching experience on regular positions
in National Law Universities or Other Universities or Colleges”
As per Sec 34(2) of the DNLU Act “The Registrar shall be appointed by the Executive
Council, after obtaining the approval of the Chancellor from amongst the Professors,
Associate Professors, cadre of State Administrative Service, State University Service
or from Madhya Pradesh Higher Judicial Service.”
From such advertisement it can be clearly inferred that attempts have been made to
compromise the position of Registrar.
64. Dr. Nagaraj has violated the power conferred upon him. He harassed students by
imposing humongous fines, and infringed their privacy by authorising unauthorised
persons to trespass in the student’s room in the name inspection.
65. During his regime, students have been facing extreme mental discomfort in the form of
sexually coloured remarks. The warden of Girls’ Hostel is at so much liberty that she
vehemently questions the character of the female students now and then. Despite so
many representations by students no action was taken from his side. Reason for such an
attitude of Dr. Nagaraj can be traced from his history of sexist remarks which can be
clearly seen from his tenure in NLUO and NLSIU.
66. It was disheartening when Mr. Nagraj asked a student to not complain against any kind
of harassment that she might face following a very misogynistic into her alleged
misconduct.
67. Thus, being responsible for such illegal appointments, creating a hostile and
unfavourable environment for students, being insensitive and vindictive towards
students and being a threat to the career of students and sanctity of DNLU, we demand
the Resignation of Dr. Nagaraj from the position of Vice Chancellor of Dharmashastra
National Law University.
DECLARATION
We the students of DNLU solemnly resolve that till all our demands are not met we will
sit on an indefinite protest. All the academic activities shall be suspended as
incomprehensible situation has arisen due to incompetence of the administration of
DNLU. The Hostels are not in liveable conditions and lives of students are at risk. We
declare that this will be a peaceful protest as we are forced to stand up due to our rights
being blatantly violated.

We demand that no disciplinary action be taken against any student for the exclusive
reason of them being part of the protest.

All the academic activities at the time of the protest are demanded to be declared void.
Annexure

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