I have read the article of Pro-lessor Zillur Rahman Siddiqui with great care. I am in perfect agreement with him regarding the current state of affairs at the University of Dhaka. I also deeply appreciate his concern for the oldest university of the country. One cannot but wholeheartedly support his conclusion: "we have had lot of platitudinous talks; the need of the hour is some hard thinking followed by tough action." Professor Siddiqui has. of course, recommended some action to start with. Thus he savs : "The Senate should itself set up a commission of Inquiry, with the purpose of a thorough check-up of its present state of health. Next, it should indicate the measures to 1x5 adopted .with the aim of making It academically viable." kt my considered judgment

Professor Siddiqui has however. committed not only a practical, but also a great legal error by suggesting an inquiry commission to be set up by the Dhaka University Senate. Why? The answer is very simple. I would like to take up the legal point first. According to Article 22 (p. 16) of the Dhaka University Order (DUO). 1973. the powers of the Senate are:

Subject to the provisions of this Order, the Senate shall : a) ratify the statutes on the proposals of the Syndicate; b) consider and pass resolutions on the annual report, the annual accounts and the financial estimates presented by the Syndicate; and c) exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Order or . the Statutes.

While many (both within and outside) the university believe that the Senate is the Parliament of the university, neither the Syndicate nor any other authority of the university is responsible to the Senate. As such it is not only highly misleading but also erroneous to think that anything can be discussed in the Senate. Thus a careful examination of the powers and jurisdiction of the Senate certainly makes it clear to all of us that the Dhaka University Senate has no authority in law to set up an inquiry commission to examine the current state of its health. Therefore, the setting up of the proposed inquiry commission of Professor Siddiqui would be illegal as it is beyond the Jurisdiction of the Senate.

The DUO 1973 has clear provisions in terms of law to set up such committee or commission. Naturally the question

arises • what is the appropriate authority at the University of Dhaka io set up such an inquiry committee or commission? The Syndicate is competent to set up such a committee. The powers of the Syndicate are described in DUO 1973 through Article 24 (pp. 18 to 19) and also in the First Statute through Article 2 (pp. 42 to 45). Thus Article 24 (1) (p. 19) of DUO 1973 says The Syndicate shall exercise all other powers of the University not otherwise provided for by this Order or the Statutes."

Further Article 2 (m) (p. 44) of the First Statutes says . "Subject to the provisions of the Order, the Syndicate stiall have the powers to appoint commit-ices for such purposes as it considers necessary provided, however. that the reports of such committees shall be considered by the Syndicate before action is taken in connection therewith unless the Syndicate in any particular case otherwise direct."

It is. therefore, clear that it is only the Syndicate that can set up such a committee. By this I only mean that the written provisions of law have empowered the Syndicate to appoint a committee for this purpose if it wishes to do so. Whether such a committee appointed by the Syndicate would be able to achieve its goal or not is itself a separate question. The constitution of Dhaka University, i.e.. DUO 1973 and its First Statutes do not empower the Senate to set up such a committee as conceived by Professor Siddiqui.

Let us now examine whether the Senate can in practice objectively set up such a committee and achieve its desired goal. The desired goal — if I have understood Professor Siddiqui — is of course, the improvement of the academic health and overall environment of the university. The DU Senate is completely incapable to achieve this. Why? This would require a careful examination of the current composition of the Senate, and its actual functioning. According to article 20 (1) (pp. 14 to 15) of DUO 1973 the total number of members of the Senate is 104. They are : the Vice-Chancellor. the Pro-Vice-Chancellor. the Treasurer, five government officials to be nominated by the government, five MPs to be nominated by the Speaker, five distinguished educationists to be nominated by the Chancellor, five representatives of research bodies to be nominated by the Syndicate.

five principals of colleges to be nominated by the Academic Council from among the principals of the affiliated and constituent colleges, ten teachers ol colleges to be nominated by the Academic Council from among teachers of the affiliated and constituent colleges, the Chairman of the Board of Intermediate and Secondary Education. Dhaka, twenty-five representatives of registered graduates to be elected by such graduates from among themselves, thirty-five representatives of teachers of the university to be elected in a special meeting of the university teachers, and fiv? representatives pf the sfu, dents to be nominated by the University Central Students Union.

In the last 24 years,of its actual functioning of the Dhaka University Senate, we have seen that 35 University teachers and 25 registered graduates are elected purely in a political style. These elections are nothing but political elections of the two major political parties ofc the country. The nomination by the government, the Speaker, the Chancellor. Academic Council and the DUCSU are also made on 100 per cent political considerations. As a result, the Dhaka University Senate has turned into a fullfledged political platform of the two major rival political parties of the country. We have already mentioned the powers and Jurisdiction of the Senate.

It is. however, unfortunate to note that on many occasions the Senate has been involved in political discussions. This is not only beyond the lawful authority of the Senate, but it is also beyond the lawful authority of the university itself. The powers and the jurisdiction of the University are 'described in Articles 4 (pp. 4 to 6) and 5 (p. 6) of DUO 1973. It is sadly observed that the Senate has been engaged in discussions much beyond its own authority. However. this is not my main point. My contention is this that a political platform like the Senate of Dhaka University cannot be expected to set up a commission to make an objective academic investigation into the current state affairs at Dhaka University and to suggest remedial measures. The University Seriate has long before lost its academic character.

These days the Dhaka University Senate has been found

to give more Importance to tta function ol nominating a panel of three persons for appointment as the Vice-Chancellor Professor Zillur Rahman Siddiqui has himself mentioned ir one of his recent articles published in the dally Bhorer Kagoj that this function ot the Senate Is not even mentioned in the main list of Its powers. I.e. Arti cle 22 (p. 16) of DUO 1973. It is well-known that according to Article 11(1) (p. 10) of DUO 1973 the Chancellor appoints the Vice-Chancellor from a panel ol three persons nominated by the Senate. The wholp nation now knows that this fras become a fullfledged political election -contest between1 the two major political parties. The idea of nomination has been borrowed from the Dhaka University Act (DUA). 1920. But we have made it a 100 per cent political exercise. In the process the academic question has been completely overlooked and this has presented us VCs who work like political party leaders.

Therefore, it is our opinion, that the University Senate is neither legally nor practically a competent body to. set up a commission for an objective assessment of the current state of affairs at the university. Although Syndicate is legally competent to set up such a committee, from practical point of view it is also incompetent. why? Because the Syndicate members are also elected or nominated like political party representatives. It is also now a political platform of the two major political parties of the country. The established rules and regulations are frequently violated and academic matters receive only marginal consideration. So what is the way out?

Remember the DUO 1973 starts by saying : "whereas It is expedient to reconstitute and re-organise the University of Dhaka for the purpose of improving the teaching and research provided thereby and the administration thereof ; The president is pleased to make the following Order." We have seen the working of Dhaka University under DUO 1973 for nearly 24 years. I think it is now time to rewrite the constitution of this university for the same purpose for which DUO 1973 was promulgated in February 1973. In the process of this rewriting of the University Constitution the following points are submitted for serious cons-

ideralion :

1) The present system ol elec tion of a panel for appointment ol the Vice-Chancellor must go. The Chancellor should appoint the Vice-Chancellor through a search committee. The service conditions of the Vice-Chancellor should be like that of a judge of the Supreme Court.

2) All student politics at the university must be made Illegal.

3) All teachers politics at the university must be made illegal.

4) Political meetings, demonstrations etc., on the campus should be made illegal.

5) Office hours of the university teachers should be introduced. - -

6) Electia^ystem of the different bodiesof the university should be dropped".

Professor Zillur Rahman Siddiqui has made a significant contribution by drawing our attention to an important problem. I fully agree with him that an inquiry commission should be set up to examine the current state of health of the oldest uni-

versity of t lie country. 1 have tried to exp lain why neither the Senate nor the Syndicate can really set tip such an effective commissior i Then the question is : who wll I bell the cat?

For all practical and legal purposes It is the Chancellor who can s< i-t up such a commission. How- e The DUO 1973 was promulgat ed. In pursuance ol paragrap# i 3 of the Fourth Schedule t o the Constitution of the People's Republic of Bangladesh. and In exercise of all power h enabling him in that behalf, the president was pleased t o make the DUO 1973. Therefore. It is our opinion, that It is the Chancellor who is the only competent authority to set up the commission proposed by. Profe ssor Siddiqui. Finally. I incist ri ay that it is for his,inspiring ;irtlole. I sincerely appreciate his concern for my institution where 1 studied and now serving as a humble teacher .

The writer is Professor of Economics and Former Dean. Faculty of Social Sciences University of Dhaka.