HPU staff caught in a poll dilemma

Bhanu P Lohumi

Whether university teachers should participate in political activities and electoral politics or not has always been a controversial and debatable issue. There have always been views favouring and opposing their participation in politics.

However, the issue has come alive in the hill state after Himachal Pradesh University (HPU) issued notices to 10 teachers for their alleged participation in political activities in the recent Lok Sabha elections. It has opened a Pandora’s box, as none of them owed allegiance to the ruling BJP.

The employees of Himachal Pradesh University, both teachers and non-teaching, have been participating in political activities and six of them, including three teachers, have even unsuccessfully contested the state Assembly elections while in service.  

Pramod Sharma, Professor in Department of Management in the university, had contested the Assembly elections from the Kumarsein (2003, 2007) and Theog (2012) constituencies. In 2017, he again unsuccessfully contested the Assembly elections from the Shimla (Rural) seat on the BJP ticket against Vikramaditya Singh, son of former Chief Minister Virbhadra Singh, and his case is still pending in the Himachal High Court.

“I had moved the Himachal High Court so that I could contest the Assembly elections from the Shimla (Rural) constituency in 2017 and got relief. However, as I lost the elections, the petition became infructuous,” says Pramod Sharma.

However, Sharma was placed under suspension on the directions of the Election Commission of India for working for the BJP in the Lok Sabha elections. Some Congress leaders had complained against him pleading that he violated the model code of conduct. The Election Commission took cognisance of the complaint and ordered action against him. The matter was referred to Himachal Pradesh University and its Executive Council suspended him and also constituted a five-member committee for charge-sheeting him, as per  the terms of the ordinance of the university.  

In another development, Himachal Pradesh University issued show-cause notices to 10 teachers, including professors and assistant professors, for allegedly participating in political activities during the recent Lok Sabha elections.

The issue took a political turn, as none of the 10 teachers owed allegiance to the ruling BJP. The teachers, who are in the firing line, are members and office-bearers of the Himachal Pradesh University Teachers Association (HPUTA). They had reportedly called on state Congress president Kuldeep Singh Rathore at the party headquarters at Rajiv Bhawan in Shimla.

These teachers are Mohan Jharta (sociology), SS Narta (commerce), SS Chauhan (public administration), Raghuvir Singh (law), Rajender Verma (law), Roshan Lal Zinta (psychology), Anajana Chauhan and Usha Rani (ICDEOl), Vinay Singh (history) and Yashwant Singh Harta (life-long learning). 

They deny having participated in political activities but admit that they had met the HPCC president. They say that it was a courtesy call. “We have not committed any crime and it was a courtesy call after office hours. The notices have been issued to us to harass us,” says HPUTA president Roshan Lal Zinta. He demands the immediate withdrawal of notices.

University ordinance says

No university employee was allowed to participate in political activities initially. But in 1982-83, the then Vice-Chancellor, LP Sinha, amended the ordinance, allowing both teaching and non-teaching staff the freedom to contest the Assembly and parliamentary elections by taking leave from the university, as was allowed in many other universities.

The teachers were not only granted permission to contest elections but were also entitled to extraordinary leave in case they were elected or they rejoin their duty, if defeated.

However, the ordinance was again amended in 1985 after a non-teaching employee of the university contested election against the then Chief Minister Virbhadra Singh. The amendment barred only  non-teaching employees from contesting elections.

Another amendment to the ordinance was made and a fresh notification was issued on October 24, 2014, that clearly stated that “neither teachers nor other employees of the university shall take part in any political activity”.

At present, following the demand from both teachers and non-teaching employees, the Executive Council of Himachal Pradesh University has recommended that they be allowed to contest elections but the final approval from the Chancellor is awaited.

Teachers active in politics

The teachers’ cells of main political parties such as the BJP, Congress and the CPI (M) have always been active in the university and the indulgence of teachers in political activities was a natural corollary.

Teachers claim that they have the right to take part in politics as the university is an autonomous body and they are not government servants. They assert that in case educated people are kept away from electoral politics, it will be a loss to the nation. However, those having a counterview argue that “who will teach students in case good teachers remain fully engrossed in political activities to serve their own interests”.    

Academicians are also divided on the issue. It was during the tenure of Arun Diwakar Nath Vajpayee, former Himachal Pradesh University Vice-Chancellor, that the ordinance was amended in 2014 to bar teachers and non-teaching employees from participating in politics. He firmly believes that teachers should not be allowed to participate in politics, as it vitiates the academic atmosphere and divides students and teachers on political lines.

Further, government college teachers are not allowed to participate in politics, as the conduct rules applicable to government employees are also applicable to them. The college teachers describe this rule as discriminatory. They say that both university and college teachers are governed by the guidelines issued by the University Grants Commission (UGC) from time to time.

Long association  

Teachers of the HPU had held positions in political parties and taken part in politics directly or through the student wings of political parties. The university, which has remained a hotbed of politics, has been a victim of teachers’ politics rather than students’ politics. Teachers are the real symbols of “change with continuity”, as students pass out after two or three years but they remain there till their retirement.

The teachers, irrespective of their party affiliations, say that there has been a long tradition of teachers taking part in active politics and contesting elections as qualified people can contribute more towards the betterment of society. 

The general trend noticed in the university is that teachers’ associations owing allegiance to the ruling party defy rules and guidelines with impunity and escape action while rival groups are targeted. In case, all employees are given the liberty to participate in legitimate political activities, the academic atmosphere will not get vitiated due to bitterness among rival associations.

There is only one union of non-teaching staff and elections are held regularly under the auspices of the university. However, there are two associations of teachers, which pull strings in the opposite directions.

Judgment of Nagpur Bench 

The Nagpur Bench of the Bombay High Court in February 2012, while refusing to strike down the suspension order of a teacher only because he was associated with a political party, held that education should be kept away from politics.

The Bench consisting of Justice PB Majumdar and Justice PB Varale heard the petition filed by Shrikant Pande, a teacher at Nutan Adarsh Junior College at Umred in Nagpur district, challenging his suspension order. 

The Bench said, “Prima facie, we are of the opinion that a government servant or person in employment in an educational institution is not required to have any political association till he is in service”.

“If an employee was actively associated with a political organisation, his political ideas may influence his teaching work,” the Bench observed. Pande’s advocate had argued that he had been suspended because he was associated with the BJP and was the president of the local unit of the party.  

Direct student poll 

The teaching and non-teaching employees are asking for the right to contest elections. The university authorities had banned direct elections to the Students Central Association (SCA) in 2014. In case, university employees are given permission, direct elections to the SCA should also be restored, as there cannot be different parameters for employees and students’ bodies.

The ABVP, SFI and the NSUI have been demanding the restoration of the SCA elections and have even launched sustained agitations on the issue. The SCA elections in the HPU and the colleges have shaped a large number of politicians and most of the leaders occupying high positions in the government and political parties today are the products of students’ politics. To name a few; BJP national working president JP Nadda, present Chief Minister Jai Ram Thakur, Education Minister Suresh Bhardwaj, senior Congress leader and former Union minister Anand Sharma, BJP president Satpal Singh Satti, Congress president Sukhvinder Singh Sukkhu and lone CPI(M) MLA Rakesh Singha, who was the first directly elected president of the SCA in 1979, all rose from students’ politics. 

 Pramod Sharma says, “I believe that teachers should not indulge in politics with regard to students or in any campus political activity. However, in case any teacher wants to enter electoral politics to render social service, they should be allowed as per the recommendations of the Kothari Commission, which strongly backed the political involvement of intelligentsia and people from the academic world. Moreover, most of the other states have a provision of allowing university teachers to contest elections and the Deputy Chief Minister of Uttar Pradesh is a perfect example of it. So, if any political party wants to field a teacher, there should be no bar as was the provision earlier”.  

Rahul Rana, state secretary, ABVP, says, “Allowing teachers to participate in active politics and contest elections is the mandate of the state government and Himachal Pradesh University. But if teachers are allowed to take part in politics, direct elections to the Students Central Association (SCA), which were banned in 2014, should also be restored”.

Barred

During the tenure of Arun Diwakar Nath Vajpayee, former Himachal Pradesh University Vice-Chancellor, the ordinance was amended in 2014 to bar teachers and non-teaching employees from participating in politics. 
Government college teachers are not allowed to participate in politics, as the conduct rules applicable to government employees are also applicable to them. 
Teachers of the HPU had held positions in political parties and taken part in politics directly or through the student wings of political parties. 

Teaching work will be hit

Teachers should not be involved in active politics. Their prime work is teaching, research, innovation and knowledge generation and deviating from the basic role diverts concentration from the main job and the profession takes a back seat. A biased approach is developed when teachers are politically aligned, which impacts the mindset of students also. We had removed the provision of going on leave to contest elections to ensure an academic environment in Himachal Pradesh University. — ADN Vajpayee, former Vice-Chancellor

Tall leaders who were Teachers 

Tall leaders such as Dr Murli Manohar Joshi, Rajnath Singh, Dr Bhai Mahabir, Balraj Madhok, Vijay Kumar Malhotra, Rita Bahuguna and a host of others, who pursued their political careers as teachers, have made a difference to politics. Following representations from teaching and non-teaching staff unions, the executive council of the HPU has recommended that all employees (teaching and non-teaching) be allowed to contest elections. The Chancellor will take the final decision in this regard.— Sikender Kumar, Vice-Chancellor of Himachal Pradesh University

They can contribute more

Teachers of Himachal Pradesh University should be allowed to contest elections as in other universities so that they can contribute more towards society. — Sunil Gupta, former Vice-Chancellor

Ideologies will take precedence

The state president of the ABVP is a university teacher, which implies direct involvement of teachers in politics, especially students’ politics. It is obvious that when teachers are actively involved in politics, there can be bias in favour of students following their ideologies or against others who believe in a different ideology. This creates mental barriers and restricts students from openly coming out in favour of various ideologies and participating in social and political activities. The SFI strongly disapproves of teachers’ indulgence in politics. — Vikram Kaith, SFI state president

Make same rules for all employees

Rules should be the same for teaching and non-teaching employees. Either the provision for contesting elections and participating in active politics be scrapped or all employees be allowed. The university is in its golden jubilee year and the best gift to the employees can be equality. — Waryam Singh Bains, four-time member of Executive Council of HPU