)
)
)

'It : (040)
23562.580
(040)
23563494

JUSTICE SYED SHAH MOHAMMED
QUADRI
Former Judge, Supreme Court of India

·

·

)

Former Chairman, Aut ority for Advance Rulings (Incometax),
(Customs, Central Excrse & Service Tax) and
Central Sales Tax Appellate Authority Government of India

)

Dear Chief Justice l< > .t

)

Apropos your order under Sec."7(3) of the National Academy of
Legal Studies and Research University Act, 1998, appointing this
Committee for causing inspection of buildings, libraries,
equipments and also of the examinations, teaching and other
work conducted by the
University and to cause enqui1y to be made in respect of the
aforesaid matters, the Committee hereby forwards its report for
your perusal and
further action under Sub Sec.4 of Sec.7 of the said Act.

)
)

)
)
)

)
)

)
)

The report is based on the primary data and secondary
data. The primary data consists of response of the various
stakeholders - the
Registrar, the faculty, the students, non-teaching staff and the medical
Doctors. However, to maintain anonymity, we did not refer to any name in
the report. The committee members also collected secondary ·
data on various subjects from the office of the Registrar of
NALSAR and other
sources.
We thanl< the Hon'ble Chancellor for reposing confidence in the
Committee for the purpose of inspection and report under Sec.7(3) of the
Act.
Yours Sincerely,

)
)

Hyderabad,
12.09.201-1.

.;;.

(JUSTICE S.S.M.QUADRI)
Chairman

)

)

)

)
)

· .

)

£
-

 (S.RAVI KUMAR)

-)

MEMBER SECRETARY.

(JUSTICE

)
)
).

\)
t

To
Justice Nisar Ahmad Kakru,
Chief Justice, High Court of
A.P.,
Hyderabad.

. f_

·

V.V.S
.RAO
)
Mem
ber
c--

(JUSTICE RAMESH
RA
NaN
ATH
AN)
Mem
ber

Residence : 8-1-346/10, Sabza Colony, Toli Chowki, Hyderabad-500 008.

 )
)
)
)

)

NATIONAL ACADEMY OF LEGAL STUDIES AND RESEARCH

)

)
)
)

)

)
)

REPORT UNDER SECTION 7(3) OF THE NALSAR ACT

)
)

)
)
)

)
)
)
)

)

J
)
)
)
)

BY THE COMMITTEE OF
1). Hon'ble Sri Justice Syed Shah Mohammed
Supreme Court of India - Chairman;

Quadri, Former

Judge,

2).Hon'ble Sri Justice V.V.S.Rao, Judge,
High Court of A.P.- Member;
3).Hon'ble Sri Justice Ramesh Ranganathan,
Judge, High Court of A. P.- Member;
4).Sri S. Ravi Kumar,
District & Sessions Judge, presently Member Secretary of A.P. State Legal
Services Authority - Member-cum- Secretary of the Committee.

 )

)
INDEX TO REPORT

)
)

)

I.

CHAPTER I.. .. . . ..... . . .. . . . . ... . . . ..... . .... .
INTRODUCTION

1

II.

CHAPTER II . . . . ..... . . . . .... . ..... . .. . .. . .. .
ADMINISTRATION AND
GOVERNANCE STRUCTURE

4

)
)

a). Centralization of authority ........

7

)

b) Expenditure ................................

9

)

c) Specialized positions in Administration
including that of Registrar ...........

11

d) Discharge of functions of Deputy Registrar

12

e) Attendance Register ..................

14

Leave Records .........................

15

)

)
)

f)

)

g) Consolidated set of Rules ............

16

)

h) Award of Gold Medals..................

17

)

i) Leakage of Final Semester
Examination Question papers

19

)

j)

)
)

)
)
)
)
)

)

)
)
)
)

\\

III.

Occupation of quarters without
payment of rent .............................

22

k) Vehicles

25

1) Favouritism

26

m) Trust deficit

33

CHAPTER III
ACADEMIC ISSUES

36

a) Recruitment of Faculty .....................

37

b) Faculty Development .....................

42

c) Execution of Projects

43

d) Research

43

 )
)
ii

)
)
)

)
)
)

)

e) Course curriculum & design .........

44

f) Credit system

46

g) Altemate methods of teaching ........

47

h) Evaluation of project reports
and answer scripts

47

i) Examination paper setting and evaluation

48

j)

48

Curriculum and performance review

k) Academic and other Intemal Committees

49

I) Evaluation of the Faculty by Students

50

m) Class strength & tutorials ...........

54

)

n) Marks for Attendance ..............

57

)

o) Plagiarism

58

p) Foreign Languages

59

............................
CH.APTER IV
FINANCIAL MANAGEMENT

60

)

0

0
)
)

IV.

a) Books of accounts

62

b) Accountant general audit

68

)

c) Project accounts......................

76

)

d) Foreign travel

85

)

e) Advertisement expenses .................

88

)

f)

)

g) NALSAR proximate education ..............

91

h) Diploma course offered in collaboration with CDI

99

i) Masters in Business Laws and Administration

99

)

)

)
)
)

)

)

j)

Advances given to faculty members ...........

Collateral benefits to faculty members

90

101

 )

)

I)

iii

)

k) Honorarium from IAAM

104

()

1) Rented building

105

0

m) Common Law Admission Test (CIAT) ............

108

n) Endowment funds

114

o) Convocation expenses

115

p) Construction of auditorium ...................

118

q) Other contracts ..............................

121

r) Fines

122

s) Finance committee meetings .............

123

()
:)

0
)

()
)

v.

0
0

VI.

CHAPTERV
LIBRARY
CHAPTER VI
...................................
STUDENTS WELFARE/GRIEVANCES

124
126

a) Placement programme .....................

126

)

b) Moot courts

130

)

c) Medical facilities...........................

131

)

d) Cleanliness of hostels ......................

134

)

e) Erratic power supply ......................

134

)

f)

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)
)
)
)

g)

Sports & extra- curricular activities ........
Counseling

h) Official e-mail address

136
137
138

 )

)
iv

)

)

VII. CHAPTER VII
..................................
SUGGESTIONS AND RECOMMENDATIONS

)

139

a) Administration and governance structure

139

)

b) Academic issues

142

)

c) Financial management ....................

148

)

d)

155

)

e) Student welfare/grievances ..............

Library

156
159

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)

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)
)
)
)

)
)
)
)

)
)

)

)
)

)
).

)

VIII.

CHAPTER VIII
CONCLUSION

 )

)
)
)

CHAPTER I

)

INTRODUCTION

)

In exercise of the powers, conferred by
Section 7(3) of the Act, the Chief Justice, High

)

Court of A.P. and the
Chancellor, NALSAR University constituted a
committee

)

consisting of

)

1). Hon'ble Sri Justice Syed Shah
Mohammed
Quadri, Former Judge,
Su preme Court of India- Chairman;
2). Hon'ble Sri Justice V.V.S.
Rao, Judge, High Court
of A.P. - Member;

)

)

3). Hon'ble Sri Justice Ramesh Ranganathan,
Judge, High Court of A. P. - Member;
4) . Sri S. Ravi Kumar,
District & Sessions Judge, presently Member Secretary

of

')
)
)
)
)
National

A.P. State
cumSecre tary

Legal

Services

Authority

- Member-

of the Committee so constituted;

for the purposes of inspection / inquiry in
respect of the areas spelt out in Section 7(3)
of the Act, and submit its
report and recommendations
The Hon'ble Chief Justice of Andhra Pradesh is
the
Chancellor of NALSAR under Section 7(1) of the

 )
Act,

Academy of Legal Studies and Research University
1998 (the Act). Section 7(3) of the Act empowers
the
Chancellor to cause an inspection lo be made by a
person

)
made
)

)

)

)
)

)

)

or persons as he may direct and cause enquiry to be

 )
2

)

)
in respect of the

)

NALSAR.

administration and the

Inspection of the

finances

University, its

of

buildings,

libraries, land, equipment, and of any institution as also of

)

examinations, teaching and other work conducted or done

)

by the University, falls within its scope.

)

This report is in Seven chapters.
to the

)

Report is in

Chapter l.

The Introduc tion

Chapter II deals with

the
Administration and Governance Structure.

Academic

Issues are in Chapter III. Financial Management, which
)
J

)

)
)

)

occupies a major portion of this report, and other related
administrative/ academic issues are in Cha pter IV. I ssues
relating to the "Library" is in Chapter V. "Stude nts welfare
and grievances" and "Suggestions and

recommendations"

are in Chapters VI and VII respectively. "Conclusions" are
in Chapter IX.
The

Committee first met

on

7.3.2011 at

the

)

residence of its Chairman. Thereafte r the Committee met

)

on 26 occasions between April and

)

)

members

of the

committee first

August, 2011. The
vi sited

NALSAR on

13.3.2011. They inspected all the blocks of the University
including all hostel buildings in detail.

They interacted

with each member of the NALSAR faculty on 11 occasions,
heard the grievances of studen ts on thr:ee occasions, and
)
)

)

)

J

)

also met the non-teaching staff of NALSAR.

Members of

 )
3

)"

)
)

the committee either collectively, o r individually,

examined

)

the books of accounts of NALSAR on

17 different

days.

)

They invited, and received, written representations
and
suggestions from

the

teaching faculty, students

and

)

)

")

Alumni of NALSAR. As this Committee had
assured the complainantsjrepresentationists,
and the faculty members
with whom they had interacted individually, of
anonymity
their complaints /views and a few of their suggestions

have

)

)

been incorporated after consideration as part of
this report withou t identifying the authors of
those suggestions. This
Committee places on record its deep sense of

appreciation

)

)
)

)

)
)
)

for all those suggestions which are adopted as
part of this report.

 )
)

4

.J

.)

CHAPTER II

)

ADMINISTRATION AND GOVERNANCE STRUCTURE

')
)

The University is mainly concerned with four
core
activities,

namely,

the

admission

programme,

the

)

)
)

academic programme, the

evaluation

programme and accommodation
for faculty and students.
Other areas of
administration are ancillary and incidental to these
core
activities.

)

The objects of the University! and

its powers

and

)
)

functions2, are myriad and many.

But one

object which stands out is the requirement to
promote legal awareness
in

the

community for achieving social and

economic

)

justice. As all powers and functions of the
University are to be exercised and discharged

)
)

)

in a manner conducive Lo
the

achievement or enlargement
this

fundamental aspect
the

cannot

be

of the

objects,

tgnored

administration and governance of NALSAR .

in

 The General Council3, the Executive Council4,

)
the

)

Finance Committees and the Planning Board6 are
conferred
1

)
' )

)

)

)

)
)
)

Section 4 of the NALSAR Act
Section 5
J Sections 9 and I0
4
Sections II and 12
5
Section 1 5
6
Section 1 5A

2

 )
5

)

)
)

)

with wide ranging powers exercised in the areas assigned
to them.

The management of academic affairs of the

University, organization of the faculty and assignment of

)

subjects to faculty members, making arrangements

)

instruction,

)

)

)

)
)
)
)
)
)
)
)

)
)
)

)

evolving admission

academic matters are entrusted to the Academic CounciF
under the overall supervision of the Executive Council.
The General Council is the plenary authority of the
University. Its primary concern is to formulate and review
broad policies/programmes of the University and devise
measures

for

improvement and

development of

the

University. It has all the powers as enumerated in Section
5 of the Act unless any such power is specifically given to
any other authorities of the University. Even then it is the
General Council which has the power of veto.

As, under

Section 10(2)(i), the General Council meets once a year all
decisions of all the authorities, namely, the

Executive

Council, the Academic Council, the Finance Committee
and the Planning Board should be brought to the notice of,
and be discussed by, the General Council. The Executive
Council is entrusted with all such powers as are necessary
to administer the University. It is also e mpowered to make
7

)

research,

programmes and policy, conduct of examinations and other

)
)

promoting

for

Sections 13 and 14

 )
6

Regulations for the purpose of administration.
function subject to the

It has to

provisions of the Act and the

Statutes. However Statutes/ Regulations are not in place in
)

many areas.

To establish a transparent system driven

University management,
Statu tes/ Regulations
aspects

the
to

first

step

cover

is

all

to

make

areas

and

)

._immediatelY; This would ensure proper guidance to all

)

officers of the University, and keep the decision makers

)

within the bounds of law.
NALSAR is expected to progressively become a self
financing and self-sustaining institution of higher learning.

)

While the primary reason for its establishment is to offer a

)

five year undergraduate course in law its focus, of late, has
shifted to

)

)

)
)
)

distance

education.

While

these

distance

education courses, no doubt, supplement the revenues
which NALSAR gets by way of fees for the undergraduate
and postgraduate courses offered by it, and may help it
shore up its finances, NALSAR has, by spreading itself wide
and thin, created .£1.is.satisfaction among its students and
faculty of

the

manner

in

which

the

institution

1s

administered.

)

The present administrative structure, which is not
built on any discernible pattern or prnciple, is grossly
)

)

.)
)

)
)

)

inadequate to cater to the future needs

or the

Universi ty. Il

 )
7

)

)
)

)

is imperative, therefore, that
addressed at the earliest.

Micro management by the

)
)

)

)
)

)

issues of governance are

authorities concerned,

with a substantial part of the time of the head of the
institution being spent on studen ts discipline and granting
permission for absence or leave, has resulted in lack of
focus and clarity in framing and im plementing policies
which would enable this

Premier Law School to reach

greater heights both as an academic and as a research
institution. Without receiving approval from the Office of
the Vice Chancellor, no administrative, academic, financial,

)

hospitality or other decisions are

)

system needs overhaul, and NALSAR would do well to

)
)
)
)
)
)

taken. The existing

organize its administration on more soun d , systematic
and
efficient lines. An expert body needs to study the present
systems and, if necessary, recommend a more effective
model of administration and management of NALSAR.
(a)

CENTRALIZATION OF AUTHORITY

Discretionary power,

conferred on any authority,

must be structured and confined withirt limits. Unbridled
discretionary powers are, more often !.han no t, abused.
While the Vice Chancellor is in charge of the functioning of
the

University, and the

role

of the

Chancellor or !.he

General Council in these matters is limited, it is a matter of

)

)

)

)

)

)

 )
8

)
)

)

urgency that necessary statutes and regulations are put

in

)

place to safeguard against abuse of
discretionary power by those in the
management of NALSAR. Wastage of scarce

)

financial resources, the teaching faculty being divided

into

)
)

)
)

groups, and the atmosphere of uncertainty
prevailing in the campus, does not augur well
for the future of this
premier institution.
We have received complaints both from the
faculty,
and the students, that the power lo make decisions

is

)
)

disproportionately concentrated in the office of
the Vice Chancellor: from granting funds for
various contests to
granting permission to leave

campus, from

allowing

)
)

)

organization of a national debate to permitting
students to open the recreation room and use
the drum kit therein.
The complaint is that, as it is no t possible for the
Vice
Chancellor to be acquainted with every student on

the

)

campus, requests by students known to him
are often viewed more

favourably than

 those
unknown to him.

)
of

)
)

Granting of academic leave, where the personal beliefs
the Vice-Chancellor play a role in what activity
is seen to be worth participating in, is cited as
an illustra tion of the
lack of any guiding principle as to what
mandates the sanctioning of academic leave.

J

)
)

)
)
)
)
)

)

)

As a result the merit of an
application does not matter as much as the person
who

 )
9

)
)
)

)
")

)
)
)
}

)
)

)
)
)

)
)

would lay

that application m front of the

concerned

authority.
There is complete lack of involvement of the faculty in
the institutional management.

The faculty needs to be

assigned more responsibilities in the administration of the
University.

Involvement of the faculty, by rotation, in

administrative
authority m

affairs
the

would

office

University management

of

reduce
the

concentration

Vice-Chancellor.

of
The

would do well to consult the

faculty before taking policy

decisions or

in

starting

important programmes. The Chancellor, or his nominee,
should periodically examine the decisions taken by the
Vice-Chancellor on academic, faculty I student related, and
financial issues.
(b)

EXPENDITURE LIMITS

The Finance Regulations of NALSAR stipulate that
the funds of NALSAR shall be spent only for the purpose of
achieving the objectives and fulfilling the functions of the
University; Capital expenditure shall

not

be

incurred

)

without the previous sanction of the Executive Council; the

)

Vice Chancellor shall have the authority to spend or incur

)
)

)

)
)
)
)
)
)

)

expenditure of an emergent nature, not provided for in the
budget, not exceeding Rs.15,000/- during a month for the
purpose of the University subject, however, that the total

(

 )
10

)
)
)

)
)
}

amount so
Rs.50,000 f-;

spent during one

year does not

exceed

the expenditure so incurred shall be got

ratified by the Executive Council in its earliest meeting
following the period during which such expenditure was
incurred; the University shall maintain a stock register i n
which it shall be entered all pieces of furniture and fixtures

)

and other articles owned by it; the sai d register shall be

)

maintained upto date by the Accounts Officer; and the
Accounts Officer shall be responsible for their upkeep and

)

accounting.

)

)

)

All expenditure

of

NALSAR, except during his

absence, is subject to the approval of the Vice-Chancellor.
While approval for the annual budget and the annual
accounts is obtained from the Executive Council, no such

)

approval has either been sought or obtained for individual

)

items of expenditure even if it had exceeded Rs.l5000 I

)
)
)
)
)

)

)
)
)
)
)
)

)

per

month or Rs.50,000/-

per

year,

let

alone such

expenditure being ratified by the Executive Council in the
next meeting following such expenditure being incurred.
Failure to obtain such sanction/ approval is in violation of
the Finance Regulations of NALSAR.

Expenditure limits

must not only be put in place but must also be reviewed
periodically.

 )
II

)
)
)

No stock register, containing details of furniture and
fixtures and other articles owned

maintained though it is mandated under the
Regulations.

)

by the University, is

purchase

Finance

The capital expenditure incurred, in the

of furniture from

Prof.

Vijender

Kumar

of

Rs.32,000/ -, is also without pnor approval / subsequent
)

ratification by the Executive Council, and thus falls foul of

)

the Finance Regulations.

)

(c)

)

)
•I)

SPECIALIZED
POSITIONS
INCLUDING THAT OF REGISTRAR

IN

ADMINISTRATION

Under Section 16(2) of the Act, the Registrar is an
officer of the University. Section 18(1) of the Act prescribes
the procedure for appointment of the Registrar.

Section

18(2) stipulates that the Registrar shall be an ex-officio
member secretary of all authorities, committees and other

)

bodies of the University and also

)

meetings. The NALSAR Act does not confine appointment

the

Convener of all

to the post of Registrar only from among the faculty of the

)
)

)

University.
Though the

NALSAR Act does not

so require, the

University has, since its inception, opted for a Professor of
the University to also
administrative

and

function as its Registrar.

As the

managerial responsibilities of

the

position has increased multi-fold, the position of Registrar
)

)
)
)
)
)

)

\ )

 )
'

)

)
)

1
2

should be made available for outside professionals or
on
deputation for senior level administrators from either

the

)

State or Central governments.

)

There is a need to create specialized positions in

the

)
")

administration which can complement the
teaching and research activities of the
faculty. A post of Joint Registrar
with different Assistant Registrars handling
examinations,

)
)

placements, buildings and maintenance
etc., should be created. Whilst the Dean of
Student Welfare or the Proctor
should be from

the

faculty, appointment

of full time
to oversee the

)

)

issues
war
den
s,
stud
ents
,

)

of can be

subject to

constrain ts.

residence related
considered
financial

 )

(d)
DISCHARGE OF FUNCTIONS OF DEPUTY
REGISTRAR

By proceedings of the previous Vice Chancellor
dated
25.7.2007 Dr. Vijender Kumar, ( the then Convener of
the

)

)

Examination Committee), was asked to
supervise the work of the office of the
Vice Chancell or since the Assistant
Registrar had proceeded on extra-ordinary leave

withou t

)
Vijender

)

pay for two months. The said order required Dr.
Kumar to be paid Rs.4000 f - per month as
remunderation.
On the ground that the office of the Dy. Registrar

was

)
dated

)

)
.
)
_
)

_
)

)

vacant the present Vice Chancellor, by his order

 )
)

13

)
.- -)
)

)
)

)

30.8.2008, asked Dr. Vijender Kumar, (lhen an Associate
Professor), to look after day to day administrative work like
conducting of University body

meetings; preparation

of

agenda, minutes etc; attend on visitors in the campus;
and the work

of the office of the

Vice; Chancellor, in

coordination with the Assistant Registrar. The said order
required Dr.V ender Kumar to be

paid

Rs.4000/ - per

)

month as remuneration for the extra work. From July

)

2007 till October 2009, and thereafter from July 2010 till

)

)

)
)

date, Prof.Vijender Kumar has been

continuously paid

Rs.4000/- per month for these services. In addition he is
being paid Rs.4000 I- per month as Proctor.
The

Executive Council, in

8.8.2008, approved the

its meeting held

on

Employees Service Regulations

which categorized vario us posts; prescribed their scales of
)

pay etc. The said Regulations require appointment to th e

)

post of Dy. Registrar to be in the pay scale of Rs.8400Rs.16,525. The qualifications prescribed for the said post

)

is a degree from a recognized University, with at least 15

)

years experience of having worked in a University, or in an

)
)

educational institution of national standard. The selection
committee, for selection of the Dy. Registrar, is lhe Vice
Chancellor, the Registrar, one Professor of the University
nominated by the Vice Chancellor, and one outside expert

)

)

)
)
)
)
)
)

 14

)

)
)

nominated by the Vice Chancellor.

)

the new Regulations were made on 8.8.2008 creating the

)

)

)

post of Dy. Registrar, Dr. Vijender Kumar is being asked to
discharge the functions of a Dy. Registrar. This Committee
has not been informed why, instead of appointing a regular
Dy. Registrar, NALSAR continues to utilize the services of
Dr. Vijender Kumar, a senior faculty mem ber, to discharge

)

the functions of a Dy. Registrar.

)

(e)

)
)

Curiously, even after

ATTENDANCE REGISTER

No attendance register is maintained for the faculty of
NALSAR nor is their time of entry and exit, from the
NALSAR Shameerpet

campus,

recorded

even

at

the

)

entrance.

)

while classes are conducted from 9.00 a.m. to 1.40 p.m.,

.)

)
)
)

)

Our discussions with the faculty show that,

the time set apart between 1.40 p.m. to 4.00 p.m. for
students interaction with the facul ty is seldom utilized
except during submission of project reports. We learn that
several faculty members of NALSAR leave
after

the

campus

1.40 p.m. even without obtaining permission of the Vice
Chancellor. Proper systems should be introduced to record
attend ance of faculty members, the time of their entry and
exit from NALSAR Shameerpet campus, and maintenance
of proper leave/ permission registers wherein either their
leave of absence, or permission to leave early, is recorded.

)

)
)

)
)

 )

15

(f)

LEAVE RECORDS

While part B(l) of the Leave Rules require faculty
members to obtain sanction of the Vice-ch,ancellor
for availing "on duty leave", this Rule has been observed more
in
breach than in practice.

The entries in the Leave Register

are sketchy, and the Leave record need proper and upto
)

date maintenance.

I

)

There is no system in place to ensure that leave
applications are

submitted by the

Registrar and other

)

faculty members; of leave being sanctioned; for sanction of

)

leave to be intimated to the Administration Department;

)
)
)

)
)
)
)
)

and for recording such leave in the Leave Register. It is
only

if

the

leave

application

Administration department, is

is
kept

forwarded
in

the

to

the

individual

faculty member's file, and entered in the Leave register, is
the leave availed being accounted for. There is no system in
place to ensure that every faculty me mber intimates m
writing and seeks permission for abstaining from duty.
Except for a casual leave file, t)1ere is no record
maintained with respect to any other leave having been
taken by the Vice Chancellor. The personal file of the Vice
Chancellor does

not contain any

leave application. The

casual leave file maintained each year does not reflect any
such leave having been availed by the Vice Chancellor. The

)

)

)
)
)

 )
16

)

)
)

latest trip of the Vice Chancellor to Canada in

June, 2011 ")
is also not shown as leave of any sort either in
the casual leave file or in the personal file or in the Leave
register,
)
though he has been paid his monthly remuneration
during

)
)
)

)

this period of absence. From the inception of the
University till date, no
have been sought or
obtained by the

permission seems to

Vice Chancellor and the

NALSAR from
the

either

the

Registrar of

Executive

Council

or

Chancellor for availing earn leave, duly leave,
etc. When the earn leave register was partly
inspected on 27.07.2011,

)

the duty leave sheet of Professor M. Sridharacharyulu

was

)

updated only till 28.09.2005. However the inspection

on

)
)
)
)

28.07.2011 revealed a few additional entries having been
made therein.
(g)

CONSOLIDATED SET OF RULES

A consolidated set of rules shouLd be periodically
made available to students, say once each year.
This would not only ensure greater clarity and

)

transparency but would
also help in holding students accountable for violation of

 )

the

rules. A comprehensive code of conduct, and

the

)

sanctions flowing
should

from

)

)

)
)
)

)

)

)

breach

thereof,

be formulated especially

for issues such as use
)

a

of unfair

means in exams, plagiarism etc.

 )
17

)
)

)
)

)
)

(h)

AWARD OF GOLD MEDALS

The regulations framed by NALSA R, for the award of
gold medals, prescribe that the selection therefor shall be
made on the basis of the recommendations made by a
Committee, and approved by the Vice Chancellor; the
Committee is to be appointed by the Vice Chancellor from
time to time; it is to comprise of five members nominated

)

by the Vice Chancellor; in respect of medals to be awarded,

)

for performance in any particular subject as indicated by

)
)

)
)
)

)
)
)
)

the Donor, the performance of the student obtaining the
highest grade, and the highest mark, is to be awarded the
medal; in respect of gold medal to be awarded to the first
position in the annual examination / best student for overall
excellence/best woman student for overci.ll excellence/ first
rank in the final examination
final year

I

I best all round student of

best all round boy student and best all round

girl student, a list of top five students among the eligible
candida tes who have secured the highest CGPA shall be
furnished to the committee; from out of the short listed five
students, the committee shall collectively recommend the
best student who deserves the award of the concerned gold
medal; the decision of the Vice Chancellor shall be final;
and the norms on which the selection is finally made is to
be determined by the committee itself.

)

)

)

)
)

)

 )
18

')

)
)

")

The

regulations for

medals

was

approved by the Executive Council in its meeting held on
17.09.2003.

The Executive Council also approved the

)

recommendations of the Academic Council for institution of

)

a gold medal to be named as "University Gold Medal for Rhodes

)
)
)

Scholar" to be awarded for the recipient of the

Rhodes

Scholarship at the Annual Convocation starting from the
Convocation to

be

held

in

2007.

Contrary

to

the

Regulations the then Vice Chancellor by his circular dated
26.08.2004, while constituting the gold medal committee,

)

informed them that the two gold medals for the

)

student (i.e., one boy and one girl) would be decided by
him.

)

best

A similar circular, conferring power on himself lo

decide the two gold rpedals for best students (one boy and

)

one girl), was issued by the Vice-Chancellor on 15.06.2005.

)

Though the regulations required lhe Vice-Chancellor

)

)
)
)

I

award of gold

)

)

)

)

)

to constitute a committee comprising of five members, a
committee of only

four members was

constituted

by

circular dated 26.08.2004; a committee of three members
by office order dated 20.06.2008; and a committee of four
members by office order dated 28.07.2009.

 )
1
9

)
)

( i)

)

LEAKAGE OF
FINAL SEMESTER
EXAMINATION QUESTION PAPERS

The

)

question

papers,

for

the

final

semester examination held on 26th and
27th April 2011, were leaked,

)

resulting in the said examinations being postponed.
Our

)

enquiries reveal that there were 3 to 4 sets of
keys of the examination room which were
available in the offices of the

)

Vice Chancellor, Registrar, the

examination section

in

)

charge and the cleaning staff. The examination
room used to be opened and cleaned every

)

morning even before the
staff arrived. The driver-cum-attender of NALSAR was
also
entrusted with a key of the examination section room.
He

)

)

was being monetarily assisted by the
students. One of them obtained the key from
the said driver and made a
duplicate key which was used to open the

examination
)

section room. This student entered the room,
hacked into the computer, loaded the question
papers into his flash

 )

drive, made copies thereof, and distributed them to

other

)

students for monetary considerations.
A complaint was
Shameerpe t Police
NALSAR on

to

the

Station by

the

Registrar,

6.6.2011 informing him

Vice Chancell or
committee

lodged

had

consisting

constituted
of

(1)

SHO,

that the

an enquiry
Prof.

V.

Ramakrishna,
Former Professor (History), University of Hyderabad ,
(2)

)

)

)

)

 20

Prof. Sukhbir Singh, Former Professor (English), Osmania

)

)

University, Hyderabad and (3) Prof.

Vijender Kumar,

Professor of Law, NALSAR University of aw, Hyderabad to
enquire into the examination paper leakage; the enquiry

)

report was submitted on 3.5.2011; the matter was placed

)

before the Executive Council; thereafter a second show

)
)
)
)

cause notice was issued to the employees and studen ts;
and, pursuant to the directions of the Executive Council on
12.5.2011, a complaint was being lodged.
The

Executive Council, in

its

meeting held

on

12.5.2001, after noting Lhat the examination paper relating
to law and poverty had been replaced with a new paper

)

immediately before the examina tion on 27.4.2011, decided

)

to cancel the following examinations and resolved that the

)

)
)

)

examination should be held afresh during the

4th

week of

June, 2011.
"FIRST YEAR
SECOND YEAR
THI RD YEAR
FOURTH YEAR

2.1 Law of Con tracts -I
2.2 Sociology - I
4.1 Criminal Law - II
6.1 Jurisprudence II
6.2 Constitutional Law- II
8.1 Banking and Finance
8.2 Taxation Law- II"

All this reveals complete lack of security in ensuring
secrecy of the question papers for the final

semester

examinations. Curiously it was only the office assistant

)
)

)

)
)

 )
21

)
)
)

)

cum driver who was dismissed from service. Four students,
involved in this unsavory episode, were expelled from the
University. The pay of the Sr. Assistant (Examination) was

)

reduced by four annual increments, and the Jr. Assistant

)

in

)
)
)

)
)

)

)
)

)
)
)
)

)

)
)

)

)
)

the

examination section was

warned.

Except for

reconstitution of the examination committee, none of the
faculty were faulted for such serious l apses in leakage of
the final semester examination question papers. Neither
the examination committee, nor any one else in upper
echelons of administration, were

held accountable, let

alone any action being taken against them.
We were informed that the recent paper leaks, during
the final semester examination of 2010-2011, is not an
isolated instance but has been preceded by several such
leaks in the previous batches also. No action . was taken
and the complaints were brushed aside as mere rumour
mongenng.
This committee has not been informed of any systems
having been introduced thereafter to ensure that such
incidents of paper leakage do not recur in future.

 )
22

)

)

)

OCCUPATION OF QUARTERS WITHOUT
PAYMENT OF RENT

On his

purchasing a flat

at Tirumalgherry,

Dr.
Vijender Kumar

vacated

Quarter

No.A- 1,

which he was hitherto occupying, with
fro m the

fore- noon

effect

of

1.6.2009. The very next day i.e., on 2.6.2009
he informed that, since he was also serving the
University as a Proctor he needed to stay on the
campus someUmes, for

which he should be

allotted a room in the facult y residential area
without forfeiting his

entitlement

for

HRA.

The then
)
him

)

Registrar, vide proceedings dated 2.6.2009, permitted
to occupy one bed room in Quarter No.A.1 (the
very same quarters which Dr. Vijender Kumar
was occupying till just

)

a day before).

The Member Secretary of lhis

Committee

)

inspected Quarter No.A- 1 in the after-noon of

08.09.2011.

)
quarters

On inspection he found that, while officially
Dr. Vijender
Kumar has been allotted just one room, A.1

 )
)
)

consists of three bed rooms, one kitchen and
one hall; the said Quarters has only one door
al the entrance; other
than this entrance there is no other way for
entry or exit
from the said Quarters; there is no separate en
trance or exit
room

for

any

particular

therein;

the

furniture

purchased by NALSAR from Dr. Vijender
Kumar, vide· Voucher No.530 dated 23.7.2009,
for Rs.32,000/ -, when
he shifted from
own flat at

)

)
)

)

)

Quarter

No.A-1

to

his

 )

)

23

)
)

Secunderabad, (i.e., Iron Cot -2 Nos, Wooden Cot- 2

Nos,

·;
)
)

Dining Table with 6 chairs, Cane Sofa double
seater- 1 no, single seater - 4 nos, cane
diwan - 1 no. sofa tables - 2
nos, refrigerator (whirlpool) 190 ltrs, Window A/ c (LG)
1.5
ton, T.V. (Onida) with T.V. stand and power
inverter), were still there in Quarter No.A-1.

)
)

That Quarter No.A-1 has
again been provided to Dr.Vijender Kumar, from the
very
next day of his vacating the said quarters, means that

the

)

furniture purchased from him is still being
made available for his exclusive use at Quarter
No.A-1; and he has neither

)

paid rent nor has he foregone his HRA for such

occupation.

)
)
)
)

Our

enquiries reveal that on week-ends Dr. Vijender

Kumar stays in the said quarters along with his
family
members.
The Vice Chancellor, by his letter dated
19.8.2011,
has certified that faculty members, who are allotted

faculty

)

quarters, do not get HRA and no rent is
charged from them; sometimes a few faculty
members are requi-red to

 )

stay on the campus on special occasions i.e., for

evening

)

cultural functions, anti-ragging, inspection of
hostels, work connected with conferences and
semin ars etc;

)

they are
allowed to use one room in one of the vacant
faculty
houses; all the faculty members make their own
provision for food; Dr. Vijender Kumar, as a
Proctor, is sometimes

)

)
)
)

)
)

)

 )

)

24

)
)

)

required to stay overnight to co-ordinate the work
of
wardens in the hostels; inspection of hostels;
and to ensure maintenance of discipline during

)

·;

various.cultural events in
the evening; he was allowed to use one room on
such
occasions in the vacant faculty house No.A.1 for which

no

)

rent was charged;

and he makes his own

provision for food.

By his letter dated

21.8.2011, the Vice-chancellor

)

has certified that, under the same arrangement,

sometimes
)

)

Prof. Balakista Reddy and Dr. Vidyullatha
Reddy were asked to stay in the vacant
faculty Quarter No.A-3 on
various occasions; when NALSAR is closed for

semester

)

)

)

breaks wardens, who stay in the hostel warden
rooms, are shifted to the faculty quarters
temporarily as water and
power supply in hostels is cut off during the said
breaks;
and no record is maintained for stay in the vacant

faculty

)

Quarters as NALSAR does not charge any
rent for such temporary occupation when
faculty members are called for

)
to

special duties.

While the letter dated 21.8.2011 refers

 )
)

the occupation for some period of Quarter
No.A-3, no reference is made therein to
Quarter No.A-1 in which one
room is said to have been provided lo Dr. Vijender

Kumar.
)

As Dr. Vijender Kumar had ceased lo be the
Chief Warden from
12.8.2008, after
written complaint was made
against him
on

by students of the

a

2005-2010 batch

8.8.2008, it defies reason as to how he continues to
co-

)

)
)

)
)

)

 )
25

}
)

)

ordinate the work of wardens, let alone be provided a
residential quarters for this purpose.

reveal that no other facul ty member has been permitted lo

)

use Quarter No.A- 1 even

)

occupied by Dr. Vijender Kumar.

)
)
)

)
)

)

Our enquiries also

(k)

during the period it is not

VEHICLES

NALSAR has so far purchased nin e vehicles of which
one Ambassador

car was auctioned in the year 2010.

While the Swaraj Mazda Mini bus is used to transport staff;
the Toyota Qualis vehicle is used for official purposes; and
the Maruti Omni vehicle is used as an ambulance.

Two

cars, i.e., Hyundai Accent and Honda ·Civil, are in the
exclusive control of

the

Vice

Chancellor whereas

the

)

Mahindra Logan and Ta ta Indigo cars were, hitherto, under

)

the control of the then Registrar. Maintenance of the log
books of these vehicles is shabby. Even from the sketchy

)

details, as are available therein, it is clear that vehicles

)

have been made available to Dr. Vijender Kumar and Prof.
K.V.S. Sarma (when he was the Registrar) for their private

)

use without their being asked to pay for the expenditure

)

incurred by NALSAR in this regard; and vehicle Nos.AP 28
BN 3657 (Indigo); AP 28 BK 8501 (Logan) and AP 13H 2727
(Qualis) were mainly used by the erstwhile Registrar Dr.
K.V.S. Sarma and Dr. Vijender Kumar to commute from

)

)
)
)

)
)

 ')

26

)

•)
)

)

NALSAR Shameerpet campus to their residence and back.
During the period 1.6.2010 till 30.6.2011 Dr.K.V.S. Sarma
has utilized the said vehicles of NALSAR for his personal

)

use traveling an extent of 4300 KM (approx) . During the

)

period from the year 2007 till 20 11 Dr. Vijender Kumar has

)
.)

)
)

)
)

.)
)
)
)
)
)

utilized different vehicles of NALSAR for his private use
traveling 7852 KM (approx) . Both these officers have not
paid a single rupee for such travel though they are not
entitled to utilize Nalsar vehicles for their personal use.
(1)

FAVOURITISM

Allegations of favouritism are

easter made, than

established, against persons on whom responsibility is
conferred, by those who

seek such privileges.

The

authorities in charge of administration cannot be faulted
for entrusting such responsibilities on persons who are
capable, and are worthy of trust. Necessary care and
cau tion should, however, be exercised to ensure that such
conferment of responsibilities, and the power associated
therewith, is not abused.
A substantial section, both amon g Lhe faculty and the
students, have levelled allegations again st a senior member
of the faculty. We were initially reluc tan t to place thesen
allegations on record as it could mar the reputation of the

)
)

)

)
)
)

)
)
)

individual, but a few indisputable facts and recurrence of

 )
27

)

)
such

allegations over

the

have made us reconsider.
make

it

clear

placed on

that

record for

Chancellor,

and

past few
We,

years

however,

these complaints are

the

any

information of the
further

enquiry J

investigation into the

)

matter would be for the Chancellor to consider. We

may

)

.J
)

not
be
understood
conclusively, satisfied

as

ourselves on the truth or o therwise of all the
allegations.
We have

referred only

to those instances

which
are reflected in the records of
NALSAR or form part of written
official complaint made against him.
refrained

)

having,

We have

from referring to several other startling allega tions

levelled

)
)

)
)
Kumar,

against the said faculty member in the a bsence
of any oral or documentary evidence in support
thereof.
Interaction with each individual faculty member
of
NALSAR, and with
reveals a

under-graduate students,

wide-spread belief among them that Prof. Vijender

 )

Proctor and Professor of NALSAR, has been
accorded favoured treatment by the Vicechancellor. That this belief

)

is not without substance is reflected from the

following

)

)

instances:
i) When Prof. Vijender Kumar shifted his residence
from NALSAR Shameerpet cam pu s to Secunderabad,
certain items of furniture were

\

I

vide

pu rchased from him

by

NALSAR, and payment was made

Voucher No.530 dated 23.7.2009 for Rs.32,000/-.
other instance of

NALSAR h aving purchased

hand fu rnitu re from any of t he

)

)
)

)

)

No

second

 28

other faculty members of NALSAR was brought to the notice of this

)
)

Committee.

Though the Finance Regulations prohibit the Vice

Chancellor from incurring capital expenditure, -without the previous
sanction of the

Executive Council, furniture

belonging to Prof.

Vijender Kumar was purchased without the prior sanction of the

)
)
)

Executive Council though such

purchase of furniture is capital

expendi lure.
ii) The Vice Chancellor, vide proceedings dated 24.9.2009, accorded
approval for sanction of duty leave to Prof. Vijender Kumar for six
months from October 1st 2009, and he was paid full salary and
allowances for the said period as per the University Ru les, as advised

)

by the Joint Secretary, UGC in his letter dated 20.7.2009. During hi s
Christmas holidays from December, 2009 to January 2010, when

)

Prof. Vijender Kumar was "on du(J!" leave in the United Kingdom on a

)

Kings College to NALSAR. The ostensible purpose of his being called

)
)

)

Commonwealth Fellowship programme, he was asked to come from
was for rendering assistance for the following:a) Final editing and finalization of NALSAR Annunl reports from 1999 to
2008 for publication;
b) Designing and finalizing the NALSAR prospectus for the year 2010;
c) Review and updating of reading material in Family Law;
d) Designing and finalizing the NALSAR calendar 2010 for printing; and
e) designing and finalizing CLAT 2010 information brochure write-up on
NALSAR

)
)
)

Prof. Vijender Kumar was paid flight charges, for his travel
from London to Hyderabad and back, by NALSAR. Rs.55,494/- was
paid to M/s International Travel House, Hyderabad in this regard vide
Cheque No.900488 dated 31.12.2009.
could

It is not as if these matters

not have been entrusted to any other faculty member of

NALSAR. No other instance of such benefits bei ng extended to any of
the other faculty members of NALSAR was brought to the notice of
this committee.
)

)

)
)

)

)

)

)

 )
29

)
)
'}

)

(iii).

For the efforts of the staff of NALSAR, in conducting CLAT

2009, honorarium was paid.

Other than the V i ce-Chancellor and

the Registrar, the only other facu lty of NALSAR who was

paid

)

honorarium in this regard of Rs.50,000/ - was Prof. Vijender Kumar.

)

iv) Prof.Vijender Kumar has, ever since 2007, been continuously paid

)
)

Rs.4000/- per month for discharging the duties of a Deputy Registrar.
In addition he is being paid

Rs.4000 I

-

per month as Proclor.

Curiously, even after the new Regulations were made on 8.8.2008
creating the post of Dy. Registrar, Dr. V U ender Ku mar, a
Senior

)

)
)
")

Faculty member, is still asked to discharge the functions of a Deputy
Registrar.
v) By proceedings dated 2.6.2009, Dr. Vijendra Kumar was permi t ted
to occupy a bed room in Quarters No.A. l (Lhe very same quarters
which Dr. Vijender Kumar had vacated ju st a day before).

While

officially Dr. Vijender Kumar has been allot ted ju sl one room he is, in

)
)

fact, occupying the en tire A.l quarters wh i ch consists of three bed
rooms.

Inspection by the Mem ber Secretary of this Com mittee on

8.9.2011 revealed that Quarter No.A.l has only one door at the

)

entrance; and there is no separate entrance or exit for any particu lar

)

Kumar stays in the said quarters, along with his family mem bers; and

)
)
)

room therein. Our enquiries reveal that every week end Dr. Vijende r
he has neither paid rent n or he foregone his HRA for such
occupation.
vi) During the period from the year 2007 till 2011 Dr. Vijender Kumar
has utilized different vehicles of NALSAR for his private use travel ing
7852 KM (approx). He has not paid a sin gle r u pee for such travel
though he is not entitled to utilize Nalsar vehicles for his personal
u se.

)

)
)

)

)
)

 )
30

')

)
')

)

)
)

)
)

vii) As noted at (i) above, NALSAR purchased furniture from Dr.
Vijender

Kumar,

vide

Voucher

No.530

dated

23.7.2009,

for

Rs.32,000 1- when he sh if ted from Quarter No.A-1 to his own flat at
Secunderabad. That Quarters No.A-1 has again been provided for his
use, from the very next day of his vacating the said quarlers, means
that the furniture purchased from him is still being made available for
his exclusive use at Quarter No.A-1.
(viii) In addition to being the Proctor, and discharging the duties of a

)

Deputy Registrar, Prof. Vijender Kumar is also a·convener/member of

)

committee; (2) P.G diploma academic committee; (3) Scholarship /fee

)

the

following

committees constituted

by

NALSAR (1) Library

concession committee; (4) Proctoral Board; (5) Convenor of the Moot
Court committee; and (6) IT committee. He is the Chief Editor of

)

NALSAR Law Review, and is in the Edilorial Board of all othe r

)

member of so many committees.

)

(ix) Except for the year 2010, Prof. Vijender Kumar has continued Lo

NALSAR publications U ournals). No other member of the facul ty is a

be a member of the committee, to finalise the award of gol d medals Lo

)
)
)

students, from the 3rd batch of students in 2005 onwards till the
present batch.
(x) Though the question paper set by Prof.Vijencler Kumar is also said
to have been leaked earlier, he was the only faculty member of

)

NALSAR to be appointed as a member of the enquiry committee

)

semester examination question paper, in April, 2011.

)

)
)
)

)
)

)

constituted to enquire into the examination paper leal<age, of the final

 31

)

}
)

)
)
)
)
)

)

)

(ix) As Convener of the Moot Court Committee, he identifies and

selects students for participation in moot court competitions, both
within the country and abroad. The travel expendi ture of students,
participating in moot court competitions, is parlly borne by NALSAR.
There is intense competition among students to participate in moot
courts. Several students have expressed their

reservation on the

manner of selection, for participation in moot courts, by the Moot
Court Committee. Allegations of favouritism, i n selecting students for
participation in

moot

Courts, have

also

been

levelled

against

Prof.Vijender Kumar.
(xii) Prof. Vijendra Kumar was the Proctor for two spells, firstly f rom
23.06.2008 till 30.06.2010, and again from 01.06.2011 onwards. He
was also the Chief Warden initially from 26.07.2005 to 30.04.2006,

)

)

and

again from 23.06.2008 to 11.08.2008, during which

period

students of the 2005-2010 batch levelled serious allegations against
him

in

their letter dated 08.08.2008 addressed to

the

then

)

Chancellor, NALSAR.

)

(xiii) In their Letter dated 08.08.2008, students of the 2005-2010
batch complained that many students had been victi mized by Prof.

)
)

)
)

Vijender Kumar, the then Convener of the exam ination committee,
even in his capacity as a teacher. A few such ·i nstances were cited.
They also complained· that a section of students, belonging to the
reserved category, had
Convener; the

been

discriminated against by the

concerned students were

ca lled

to his

said

chamber

privately and were humiliated; and they were openly threatened that
they wou ld fail their examinations. They also referred to "C/Iild Rigllts

)
)

)
)
)

)

)

and Social Duties" Consultation organized by

NALSAR, for which

academic leave of the student volunteers were app roved by the faculty

 32

concerned and the Registrar. However the same was rejected by Prof.
Vijender Kumar, the then Convener, without a signin g any reasons.
These studen ts complained that they had lost all confidence in
Prof.Vijender

Kumar

and

demanded

his

removal

from

the

Examination Committee, and from the post of Chief Warden as soon
as possible. Within a few days of submissi on of the letter dated

)

)
)

)

)
)
)

)
)

and, hitherto, as the Chief Warden, and allege that he is
unduly favoured by the Vice-Chancello r, the First NA LSAR

abilities by students of NALSAR), rates his teaching ability

)

)

of functioning of Prof. Vijender Kumar, both as Proctor

)

)

)

While students have complained about the manner

Academic Review, 2009, (a review of the faculty's teaching

)

)

12.08.2008 onwards. He, however, continued to remain the Proctor.

)

)

)

08.08.2008, Prof. Vijender Kumar ceased to be the Chief Warden from

highly. Students have acknowledged his expertise in the
subject of family law. His class room discussions, and his
ability to encourage students, is also rated high. Students
have acknowledged that his question paper is a pleasure to
answer, though there have been some differences i n his
marking pattern. They have also appreciated the facl that
Prof. Vijender Kumar is constantly up<.lated on the latest
developments in the
students of the same.

subjec t, and has enlightened lhe

 )
33

)

)
)

(m)

-)

-;
)

TRUST DEFICIT

Students have been extremely critical of the Chief
Warden and

the

Registrar of

NALSAR believing the

erroneous verswn of and, mis-information by, the club
authorities, (and in brushing aside their repeated cry), that

)

Mahesh, a student who drowned in the swimming pool of

•)

the club, was in a drunken state while swimming in the
pool. They informed us that the deceased student's friends

)

had

')

indicated, that the said student had not consumed alcohol

)
)

)

)
)
)
)

testified,

and

the

preliminary autopsy

reports

that evening, and the administration had seriously erred in
informing the boy's parents that their son had drowned in
an intoxicated state, without even inserting an element of
uncertainty into the pronouncement. They informed us
that, when they expressed their grievance to the Vice
Chancellor, and

requested that

they

be granted an

additional day, (apart from the day after Mahesh's parting) ,
for mourning, the Vice-Chancellor had informed them "If
your batch-mate decides to drink at 16.30 hours and then
leaps into a well, what am I to do? You all killed him, why
should I give you a day off?" When asked for the college

)

bus to be made available to those who wished to pay their

)

last respects to Mahesh at the mortuary, he is said to have
informed them "What'll you do by viewing a corpse?"

)

)

)
)

)
)
)

)

 )
34

)

)
)

')
-)

-)

)
)

Young adolescents, who find

themselves confined

within a residential campus for the first Lime in their lives,
must be

dealt with

tact and patience.

The general

perception among the faculty/non-faculty is that a small
percentage of between 5 to 7% of the students are deviant,
and often break the rules of conduct and discipline. Drug
addiction and alcohol consumption is said to be limited to
a few. While violation of the rules, parti<?ularly in cases of

)

use of alcohol and drugs in the campus, must be severely

)

dealt with and an example made of those who indulge in
such acts, a mechanism must be put in place where the

)

students have a forum to ventilate their grievances, even if

)

it be critical of the management.

')
)

These problems can be obviated by an increase in the
level of rapport between the teacher and taught, and the
administration and the

administered.

I f students are

)

involved in the activities of the University, it would given

)

them an increased sense of belonging.

)
)
)

not, when students fell alienated they take the prohibited
route.
and

There should be an informal gathering of faculty
students,

)
)
)

)

)

m

groups

or

otherwise,

periodically.

Encouraging the alumni and parents lo regularly interact
with students would go a long way in bringing those who
have deviated

)

More often than

back

to

the

mainstream.

Seminars,

 35

)

)

workshops, introduction of non-credit courses, diploma
courses etc., would help keep students busy. Every effort

)

should be made by the faculty to improve the academic
quality.

Academic excellence in the University campus is

in direct proportion to students discipline. This is not to
suggest that incorrigible indiscipline and conduct should
go scot free.

J

Severe punishment should be inflicted on

those students who, inspite of warnings, do not pay heed.
Any action to be taken must not only be in accordance wilh

)

the Rules and Regulations of the University, but must also

)

be transparent and uniform.
A committee of senior members of the faculty can be

)

)
.-)
)

·;
)

entrusted
students

with

the

responsibility

outside class hours.

of

interacting

This committee must be

required to periodically inform the

management of the

steps to be taken for redressal of such grievances.
students trust, and not

those whom Lhey are afraid of.

Criticism, even if found later to be wi thout basis, must be
tolerated. Tact, patience, and empathy for these youngsters
are

)

management, especially in a residential institution.

)

)
)
)

)
)

)

The

members of the commi ttee must be from those whom the

)

)

with

essential

attri butes

for

holding

positions

111.

 )
)

3
6

)

I
CHAPTER

)

III

·
;

ACADEMI
C ISSUES

)
)
)

)
)

)

The reputation of an academic institution is
built not on

the

housed

but on

in

maintained

basis of the

of

also

a

The

repute

faculty. NALSAR is

is

the academic standards

therein.

institution

building it

backbone

is

not

the
just

of every

quality
a

of

its

teaching, but

research institution. The quality of its

faculty would, therefore, not only

)

ability to teach but

)

executing

also

research

attracting the

in

be in their

undertaking and

projects.

Apart

from

best talent to join its faculty, the

)

academic atmosphere must

)

them to update their legal knowledge and keep

)
)
)

..

abreast with
India and
faculty

the

be conducive

current legal

abroad.

trends both

Mentoring by

the

for
in

senior

would encourage those who join

the

faculty, a nd motivate them to strive and achieve
the

high

teaching standards

which teachers in

the NALSAR were hitherto known for.
)
)

Academic

workload

distributed. Some of

the

is

not

lecturers,

compulsory subjects in the first

four

equitably
teaching
semesters

 o

five undergraduate B.A., LL. B. (Hons)

f

teach

only

one

class hour

per

improve overall academic quality, the
t

aspects need

h

Academic Branch of

e

consideration.

course

day.

To

following

Organising the

NALSAR into different departments - each to be
headed by

)

)
)

)

)

)
)

 37

a Professor is one method.

Even

socio-legal subjects -

English, History, Political Science and Sociology - can be
brought under one department.

To

ensure

academic

equality, the faculty must be available on the campus on
all working days.

Diverting their talent and time for

extension

activities of

education

contact

NALSAR,

courses

and

including proximate

off-campus initiatives,

would dilute academic quality.
With its being ranked either No.1 or 2 among the best
Law Schools in tne country, NALSAR attracts extremely
bright young minds from

all over

the

country. It is a

challenge for the faculty to retain the continued attention

)

of these youngsters, and earn their rega rd and respect. In
this Chapter, we would emphasize on the quality of the

)

faculty, class strength and tutorials, course curriculum

J

and other related issues.

)

(a)

)

RECRUITMENT OF FACULTY

The strength of an academic institution lies in its
ability

_)

)
)

J

)
)
)

)

)

to

attract

academics/jurists

to join

qualified
its

and

teaching

experienced
faculty.

The

academic atmosphere prevalent in a law school is best
reflected in the ability of the institution to retain the faculty
recruited

by

it.

Academic,

and

not

monetary,

 )
38

)

)
)

)

considerations weigh with most of those who desire to
serve a reputed academic institution.
While

')

)

)

)
)
)

)
)

)
)

has

a Vice

Chancellors and a

Registrar9, Heads of Departments have not been appointed.
Under Section 19(2), the powers, functions and conditions
of

service of the

Heads of

Department shall be

as

prescribed by the Regulations. No suc h Regulations have
been brought to our notice.

The facu}ty has not been

compartmentalized into Departments though all Professors
are said to have been included in the Academic Council.
In their report, covering the financial years 200<::l -

)

)

NALSAR

2005 and 2005-2006, the Accountant General observed
that, as per Schedule Ill

(17), NALSAR

should have

appointed sufficient number of full time faculty members
in each centre of legal education for each subject; there
were only 20 teaching faculty (including VC & Register) as
per the report submitted to the Bar Council of India dated
3.9.2007 for a total student strength of 416 ( 2006-07), and
449 (2007-08); and the student- teach er ratio, which should

)

be 10:1 as per UGC norms, was 20:8:1 in 2006-07 and

)

22:45:1 in 2007-08.

)
8
9

)

)
)

Section 1 7
Section 1 8

 )
39

)
)

l
)

')
)
)

)
)

)
)

Students

have

complained, and

several faculty

members have admitted, that the quality of the faculty
recruited in the recent past leaves much to be desired.
Students have

also

highlighted the wide

gulf, between

course design and course execution, which they attribute
to the mediocrity of some of the faculty members recruited
in the not too distant past.

To compound the problem,

appointment of teachers in the recent past has been on
contract basis.

Such contractual appointments on fixed

remuneration curtails not only the freedom of academic
expression of such teachers, but also forces them to toe the
line of the management lest their serv1ces be dispensed
with at any time.

)
)
)

)

We

were

informed that,

when

qualified and

competent alumni, (including those who have studied in
institutions such as Oxford University), apply for jobs, they
are rejected on the ground that UGC Guideli nes do not
permit teachers with

one-year LL.M . . or an equivalent

)

degree.

)

committee, the Alumini have informed us that, as per UGC

In

their

representation

su bmitted

to

this

Regulations for Minimum Qualification for Appointment of
)

Teachers (Maintenance of Standards in Higher Education)
promulgated on 30th June 2010, the only requirement for
an Assistant Professor of law is 55% in a Masters- Level

)
)
)

)

)
)

 }
-)

40

)

)

program at
equivalent

)

qualification at an accredited foreign University.

an

Indian

University, or

an

The
NALSAR Alumni are said to have secured teaching jobs
in

)
)

)

other Law schools in the country.
If other law schools in the country have
invited
NALSAR Alumni to join their faculty, there is no

reason

)

why NALSAR should not consider inviting
these talented youngsters who, perhaps, would
be more keen on joining

)

their alma-mater than work in other Law schools.

NALSAR

)

)

)

)

must, however, ensure that such appoi ntments
are not in violation of the law for the time being
in force.
There is an urgent need for the University to
settle
the permanent cadre strength, and advertise for all
such
positions which are vacant.

The best _faculty in

reputed

)

)
called

institutions,

and

experts in

the

su bject,

should
be persuaded to
join the faculty at NALSAR. To ensure that
the selectee has the required competence, applicants

 )
)
)

for interview could be asked to hold a
demonstration class, and a faculty seminar,
prior to their being interviewed by
the selection committee. The
from

feedback obtained

students, and the existing faculty, could be
taken into consideration by the selection
committee before a final
decision is taken on their appointment.

)

)
)

)
)

)

 J
41

)

)
)

)

While

the

existing practice of appointing senior

persons as visiting professors may be continued, it may not
be

appropriate

to

entrust

them

with

administrative

)

responsibilities. NALSAR could, instead, allow them the

)

freedom to

function as semor advisorsto

administration and the

faculty.

When the

both

the

University

J

advertises its permanent position, experience of the faculty

)

appointed earlier in ad-hoc positions may be given due

)
)

1
)
.)
)
)

)
)
)

)

)

)
)

)
)
)

consideration.

Long term ad-hoc appointments are best

avoided as they curb the academic growth of an individual
lecturer, and make him

work

in

an

atmosphere

of

uncertainty.
NALSAR has exchange agreements with

several

foreign Universities, and these agreements could be used to
invite experts from such Universities to teach in existing
courses or to offer one or two credit intensive courses lo
supplement the

existing teaching programme.

Similar

invitations could be extended to experts wi thin the counlly
also. Recruitment and retention of full time faculty should
be given priority. Constant and conscious efforts should be
made in th.at direction.

 )
42

)

·;

.,

(b)

FACULTY DEVELOPMENT

NALSAR
members to

has

sent/

permitted

faculty

go on

exchange programmes to

foreign universities.

Several members of the

faculty have also participated in continuing

)
these

)

education and training programmes.

However,

nominations and participation are not
systematic. We are informed that NALSAR had
earlier inaugurated a system of

)

peer review whereby members learnt froreach other.

is
)

)

said that

there were

periods

when

internal
faculty seminars were held, but
this again has not been regular.
While the efforts of NALSAR to enter into faculty

exchange

)

programmes is commendable, it must be
ensured that the benefit of these programmes

)
)
)

are extended to the entire
faculty, and not just to the preferred few.
should
there be a budgetary allocation for
members

Not only
faculty

participation in exchange programmes, it
should also be ensured that the available
budget is equitably distributed

)
faculty

amongst all faculty members, with the younger

It

 )
)

being given preference. Internal faculty
seminars can be held at frequent intervals
wherein each and every faculty
member can be required to deliver at least one

such
)

seminar lecture every semester. There ·should
also be an in-built continuing education
programme.

\

I

)
)

)
)
)

 )

43

I
)
}

(c)

EXECUTION OF PROJECTS

Without

)

any

subject

expertise,

some

faculty members have been associated
several projects.

)

with

Projects given

by outside agencies to NALSAR should invariably
be

)

preceded by a circular, issued to the faculty,
calling for expression of interest from
of them who

)

have

specialized m the
Vice
)

such

subject of the

project. The

Chancellor and the Registrar should not,

except for an I honorary role, be a part of the project unless the
project is brought exclusively in their capacity as a subject
')
)

expert.
Except in cases where they are experts in the subject of
the
project, neither the

Vice Chancellor nor

Registrar should be paid

)

any

the

honorarium or

other fees in relation to
these projects.

)
(d)

)

)

RESEARCH

The university has neither devised a systematic poli cy
for promoting and rewarding research efforts, nor is

there
)

any

institutional arrangemen t for mentoring,

promoting

or

rewarding

Several name-plate Centres in

such

enterprise.

 )

NALSAR are

said to

be

completely defunct

and efforts of faculty members,

to

bring m

different research mechanisms, are said to have
been discouraged.

Reference is made, in this

context, to the efforts of a faculty member
to have a field work based project which did not fructify
as

)

)
)

)
'")

)

)

)

)

)

'
)
)
)
)

)
)

)
)

)
)
)
)

 4
4

)

)

)
)

)

)

)

the administration refused to relax the time
within which students had to get back inside the
campus.
NALSAR would do well to devise an annual
research plan identifying areas, meriting research
being undertaken, depending on
of

the

existing

teams could be

the

expertise

faculty. Teacher-Student

created for

execution

of this

research plan. The feasibility of allowing students
contribution

to

fulfilment of

the project

course

also

can

these

projects

as

requirement

explored.

with

to students who

these research

provide

of

a

A portion of the

funds received for the projects can
honorarium

partial

projects.

be paid

are

as

associated
This would

much needed financial assistance to the

needy meritorious students, and reduce their
financial burden in payment of fees and mess
charges

for

undergoing

undergraduate or

either

the

the post graduate courses at

NALSAR.
(e)

COURSE CURRICULUM & DESIGN

A course

design, complete with

a

reading and teaching plan, should be created
for each subject which may be presented at the
beginning of each semester to the entire faculty.
The

response and

suggestions of the

Academic Council can also be elicited thereto.

 team of junior and senior facul ty members can
A

be formed for each course, entrusting the senior
faculty with the responsibility

 )
45

)

)
)

of designing the course, selecting read ing material

and

·;

devising the teaching plan, to ensure that the
curriculum is kept updated. All faculty
members should be required to

)

apprise their colleagues of the changes they are making

in

)
)

the course curriculum to keep it in tune with
contemporary developments. In case no change
is suggested, the reason
for continuing the same curriculum should be spelt

out.
)

This memorandum, from each faculty member,
can also be sent to the Academic Council, and

J
)
also

}

kept on the file of the
faculty member as an evidence based indicator of
hisjher
performance. Leading academicians and. jurists could
be

involved in

updating and re-designing

the
course curriculum incorporating
recent developments in law and

)
)

)

social sciences.
The Heads of departments can be made
accountable
for the course selection, c urriculu m design,
classroom execution and even examinations. In

)

each department, the

 junior faculty should be mentored and guided by the
senior

)

)

faculty in
teaching.

all academic matters,

including

Curriculum development and course design
is one area which has
not
received adequate attention.
curriculum

development
UGC

centre

The

(CDC),

a

initiative, has designed a new curriculum
with modern syllabi to make it socially
relevant. Realising that the law

)
)

)
)
)

1990

 )·
46

)

)
)

)

course syllabi is not in tune with lhe present needs, the
CDC recommended detailed syllabi and curriculum for 31
LLB courses, 29 LLB (Hons) courses and 59 LLM courses.

)
)
)
)
)

)

NALSAR, besides conducting 47 modern courses, also
offers three

optional courses.

Annual/biannual

or

periodical review of the course curriculum is not in place.
It is an indispensable need lo regularly review and design

the curriculum. The course curriculum, as designed, must
be reviewed every year within the concerned department
with

the assistance, if need be, of an outside subject

expert. The quality of academic input can be ensured (i) by

)

introduction of self-assessment review

)

member himself; (ii) performance assessment by the co

)
)

by

the faculty

faculty; and (iii) performance review by students.
(f)

CREDIT SYSTEM

The

credit system, adopted at

NALSAR,

1s an

of evaluation.

The

)

internationally

)

complaint, however, is that allocation of credits is not in

)

accepted practice

accordance with the difficulty level of the course taught,
but according to the market demands of the course. As a
result, a student who has worked hard in a difficult course,
is not given as much credit as is due to him.

While the

same number of classes are taken for all courses, the
credits allotted to each of them is not linked to the effort

)
)
)
)
)

)

 47

)
)

)

put in for undergoing the course. The Academic Council
may be required to examine the feasibility of allocating the
same credits for all mandatory courses.

)
(g)

)

ALTERNATE METHODS OF TEACHING

Innovation in the teaching programme, with greater

)

opportunities for fietd based study, clinical work and legal

)

aid work, is essential.

)

)

parts of the

Clinical Legal Education, in many

world , has shifted ils focus in teaching

students by allowing them

to learn by doing.

Over

dependence on class room teaching, without alterna tive

)

methodology, encourages

rote

and

makes learning a

monotonous exercise.

)
)

(h)

EVALUATION OF PROJECT REPORTS AND ANSWER
SCRIPTS

)

To ensure transparency in evalua tion, and to avoid
the possibility of unfair and unequal tr almen t existing in

)

an in ternal evaluation system, it is advisable that an swer
scripts of end semester examinations are made available to
students on payment of the prescribed charges. The re

)

evaluated results must be declared well before the repeat
)

examinations to enable those students, who have applied
for and were unsuccessful in the re-evaluat ion, to properly
prepare for the repeat examinations.

)

)
I

)

)
)
)

 )
48

)
)

)

(i)

)
)

)
)
)

EXAMINATION PAPER SETTING AND EVALUATION

The marks given for project reports, and seminar
papers, should be evaluated objecti vely.
be made

to

have

a

cen tralized

common

end

semester examination for all natio nal law sc hool s in the
country, (on the
feasibility
bound

lines

of

of end semester

manner,

CLAT),

and

paper

then
in

by outside experts, for the

undergraduate course can be examined.

}

U)

....
)

till

setting,

)

)

Efforts should

the

a

time

final year

CURRICULUM AND PERFORMANCE REVIEW

Curriculum

and

performance

review,

faculty and student representatives are
feedback, can be introduced.

in

which

asked for their

This feedback could· range

)

from issues like

)

and evalu tion, infrastructural

working hours,

quality

of

teach ing

issues that have

an i

mpact on academic work, issues pertaining to the library,

)

internet, etc. Such review offers

)

ty

)

to

students the opportuni

communicate their concerns to the

University

authorities through their elected representatives on

a

regular basi s. They encourage the administration to seek
and receive information about the problems faced by st
udents and facul ty, and thereby to either provide redressal
to the concerns raised or clarify why no solution can be
found.

)

)

)

)

)
)

Ongoing communication

 )

49

)

')
)

)

between the administration, faculty and students, not only
results in greater bonding but also reduces disaffection and
resentment.

)
-)

)
)
)
)

J
)
)
)

Introducing such consultative reviews, at least one
every semester, can be given serious consideration. The
concerns raised, and the
recorded in writing.

responses

thereto, could

be

These records can also be made

available to the Executive Council and the General Council
for their information and, if need be, necessary corrective
action. This would also provide a safegu rd against abuse
of

administrative

discretion

and

would

remove

the

perception of high handedness and favouritism.
(k)

ACADEMIC AND OTHER INTERNAL COMMITTEES

Academic committees should be created enabling
faculty members to

contribute

to

the

academic

administration of the University. The contr ibution made by

)

them can be treated as part of their work load and equitably

)

distributed amongst faculty members. There could be

)
)

)

internal rules for the appointments lo, and functions and
responsibilities of, internal

University committees.

rotation system, for appointment to all committees, could
be introduced so that all faculty members serve on all
committees, and there is a greater involvement of all
faculty members on University Committees.

)

)
)
)

)
)

)

A

It could also

 )
50

)

be a norm that a faculty member may

not

serve on more than one or two committees
which would

not

only

participation of the
matters, but
of a few
greater

ensure greater

facul ty in

University

would remove the

perception

of

them

being entrusted

responsibility

than

others.

with
The

faculty meetings should be mandatorily held
once each fortnight

to

discuss

various

issues

concerning NALSAR.. The

should

also

advance, of

be informed in
any

proposed

faculty

writing, in

EC

and

GC

meeting, so that non-EC faculty members
can represent

to

them on

any

of

the

issues in the agenda.
EVALUATION OF THE FACULTY
BY STUDENTS
(I)

Students, those presently undergoing
courses at
NALSAR and the
some

)

)
faculty

Alumni, have

complained that

eminent Professors have left NALSAR because
of the stifling academic atmosphere
prevalent

in the

campus.

The

teaching ability of those recently recruited in the

 )
)

has been put in issue.

They assert

that, if student feedback is called for by
the Chancellor, it would reveal
that a few of the faculty, who are not fit enough to

teach,

)

were recruited resulting in complete erosi
on of academic standards.

)

)

)
)

)

 51
)

In the 12th meeting of the General Council held on
29th March, 2008, Justice P. Venkatarami Reddi suggested

that the Faculty needed to be further strengthened, and
the work load should be properly distributed among all
teachers. In the 15th meeting of the General Council held
on

26.03.2011, Justice

that the

P. Venkatarami Reddi

first and second year

informed

students were

problems of poor teaching by some of the faculty.
)

facing
The

minutes of the said meeting records the Vice Chancellor
having informed the members that, as far as possible,
efforts would be made to recruit qualified and efficient

)

teachers, subject to availability.

)
)
)
)
)
)

In the 12th meeting of the General Council held on
29.03.2008

members suggested thal

a

proforma be

prepared for evaluation of each course by the students.
Prof.

Amita

Dhanda

and

Prof.

v.c.

Vivekanandan

volunteered to prepare a draft for the sl;ime.

The Vice

Chancellor informed the members that Lhe proforma would
be discussed by the Facul ty before it is finalized. In Lhe
15tl1 meeting of the General Council held on 26.03.2011,

Justice U.C. Banerjee suggested that a proforma, without
)
'\

I

including the name/roll no. of students, be developed for
assessment of teachers by the students, and assessmen t.
be done on a regular basis.

I

)

)
)
)

)

)
)

The minutes of the said

 )
5
2

)
')

meeting records the Vice-Chancellor ha_ving informed

the

)

)

members that the proforma was already
developed; every year feedback was taken
from the outgoing batch on the
said proforma; and, from this year, feed back

would be
)

)

taken from all batches of students.
Contrary to what has been recorded in the

minutes of

)
the

)

the 15lh General Council meeting held on 26.03.2011,
Vice-Chancellor informed us, by his
dated

proceedings

12.08.2011, that at NALSAR the teachers

performance

)
)

)

appraisal is done informally by the ViceChancellor from time to time and, in case of
any deficiency in performance
of a faculty member, advice and suggestions have
always
been given to such faculty members to improve

their

)

performance; an informal appraisal by the
Vice-Chancellor and Registrar are also done
before renewal/ extension of

)
no

the contract of employment of the visiting faculty;

 )
)

written complaints have been received from
students on this count either by the ViceChancellor or the Registrar;
as per the latest UGC Regulations on

Appointment of

)

)

teachers and maintenance of

Standards

m

Higher
Education, 2010, (UGC Notification dated
30.06.2010),
teachers self-appraisals, as also student
appraisals, should be introduced; and the
recommendations of the NALSAR
Committee on the aforesaid UGC notification would
be

)

)

)
)

)
)
\

\_I

 )
53

)
)

)

)

placed before the Executive Council in its meeting to be
held on 28.08.2011 for consideration and approval.

We

have, however, not been informed as to what transpired in
the said meeting, if any, held on 28.08.2011.
While

the

Vice-Chancellor

claims

ignorance

of

complain ts/ suggestions from students regarding faculty

)

review, a copy of the First NALSAR Academic Review, 2009
(a survey conducted by a group of NALSAR student

J

volunteers in the year 2009) has been furnished to us. The

)

said survey was created onl ine, the vi ews of students of the

)

)
)
)

)
)

)
)

second, third, fourth and final year undergraduate batches
were

elicited, the data tabulated and their responses

collated in the form of a report without naming any of
those who participated in the survey. The teaching abili ty
of member of the faculty of NALSAR, in different areas, has
been appraised. The

First NALSAR Students Academic

Review, 2009 makes interesting reading, and the Universi ty
would do well to elicit the response of all the teaching
faculty thereto.
Introduction of a system of peer and student review
for faculty members is essential. Such a system of review
must take into account development of course structure

I

and ma terials every year in order to preven t stagnation of
the courses on offer. Student review shou ld be given due

)
)
)
)

)

)
)

 )
54

)
)
')

consideration. Once such a system is in place, the results

-;

thereof should be made available to all faculty members,

,·)
)

and to the

Academic, Executive and General Council of

NALSAR.
(m)

CLASS STRENGTH & TUTORIALS

)

Most of the teaching faculty of NALSAR, with all of

)

whom we had interacted, have voiced th;eir concern of the

)

that, while the ideal strength of a class is between 40 to 50

)

students, the class rooms built for 60 students now houses

)

)
)
)

)
)

)
)
")

very high class strength of 80 students.

It is their view

80 resulting in their not being able to maintain eye contact,
or

give

individual attention to a large section of the

students. The consequences of packing a class room is a
fall in the overall standards of teaching, lower attention
span amongst a section of students, and a rise in students
indiscipline.
In their audit report, covenng the financial years
2004-2005 and

2005-2006, the

observed that, as per

Accountant

Schedule III . (5A) of the

General
norms

prescribed by the Bar Council of India, the size of a Section
should not be more than 60 students, and a minimum of
two, but not more than five, Sections may be allowed for
each class. NALSAR had, however, admitted 80 students
in one Section (including 10 foreign students).

)
)
)
)

)
)

)

 )

)

55

)

-·)

)

)
)
)

In the initial years of the University, tutorials were
mandatory, and students met the faculty in small groups.
This encouraged active interaction between the faculty and
the students. The time table was morspread out, and
continuous classes were not held for long.
classes, there were breaks for tutorials elc.

)

In the General Council meeting held on 28.03.2004,
Justice P. Venkatarami Reddi opined that the

)

In between

number of

students, which had been raised to 80, was on the higher
side; and due care should be taken to ensure that teacher

)

student in ter-action did not suffer, bul was strengthened

)

further.

)
)

)
)

In the

General Council meeting held on 25th

February, 2006, Justice P. Venkatarami Reddi emphasized
the

need for

more inter-action belwcen students

and

teachers, especially those students who were in need of
help, and needed special counseling.
Increasing the overall strength of a class to I 00,
NALSAR could divide Lhe first year class of 100 into Lwo

)

Sections of 50 each, and review this exercise at the end of

)

the academic year after obtaining feed back from both the
students and the faculty. If found successful, this could be

)

tried for the II to V year undergraduate students in the
next academic year.

)

.)

)

)
)

 )
56

)

The University, at present, runs 50 courses of
which
47 are mandatory.
a

)

The Bar Council list stipulates

mandatory list of 29 courses. This leaves the
University the freedom of running as many as

)

)

21 courses on an optional
basis. If dividing a class into two sections is not
considered
practicable,

the

courses could alternatively be

divided

)

)

between those which are mandatory and those
which are optional.
This would result in
the class strength of 80
being retained only for the mandatory courses.

In

the
)

optional courses, the class strength wou ld vary
depending on the option exercised by the

)

J
)

student.

In addition, whilst class instructions can
be for 80 students, tutorials can be cond
ucted for groups of 10 if
compulsory tutorials are introduced.

This system wou

ld

)

)
disciplinary

also factor in an expansion in the
University's range of specialization, and give
studen.ts the indi vidual attention
they

require.

This would also allow inter-

 )

courses to be developed enabling the
University to acquire and retain its social
science and humanities faculty.

)

It

would be easier to run one or two credit courses
from
visiting faculty under this system.

)

J

)
)

)

)
)

)

)
)

)

)

)
)

)
)

.)

)

)

)
)

)
)

)

 )

5
7

)

(n)

MARKS FOR ATTENDANCE

Among those issues, where there is wide
spread discontent

both among the

teaching

faculty and students, is the issue of allocation
of five

marks for

attendance. Students

have

been vociferous in their complaint that. events
ranging from 'smiling excessively' to "needing
to visit the lavatory urgently"
cited as grounds for

have

deducting

and , thereby, the marks

been

attendance

of students.

There is a need to reconsider al l ocation of
five marks for attendance. We are informed that
while this has, in no way, ensured the presence
of students in the classroom it has become a
major source of

confusion

requirements.
entitlement

In

to

the five

academic leave.
the

cap

of

on

order

attendance

to retain

their

marks, students

seek

Students have suggested that

10

academic

leaves

removed;

instead

days, on
granted
a

the
per

student

number

of

semester,

be

of

NALSAR

participating in a recognised event, ought to be
granted academic leave on submission of proof;
and

this leave should be

credited inlo the

attendance records of the student as soon as it
is granted.

Both the grant, and crediting, of

academic leave is a continuous

 )
58

)
)

)
)

)

is advisable that
attendance
It

requirement of 75%

is

the

m1mmum

made

compulsory, and . the
remaining 25% left for unforeseen
contingencies or to be
used by the student for co-curricular activities

including
)

competitions m other institutions with due
permission of the university.

)
)

five marks for attendance
should be discontinued, and these marks included in
the
marks allocated for the end semester examination.
(o)

)
wide
)

Allocation of

PLAGIARISM

Several faculty members have
spread plagiarism in preparation by
students of their project reports.
menace, if not dealt with at the

)

admitted to

earliest, would

This

not only defeat individual initiative

and

)
)

creativity but would also negate the object of
prescribing a high percentage of marks for
project reports. It would, if
permitted

to

be

continued, chip away at

very

)

foundation of academic integrity. Merely
having a set of rules and punishments
without a meaningful information

the

 )

campaign, prior to its introduction, may not be
successful.
Regular interaction with students, and
constant attention and advice on the manner
in which project reports sho uld
be prepared and presented,
is essential.

I

)

)

)

)

 )
59

)

)
')

)

)
)

(p)

FOREIGN LANGUAGES

Introduction of Foreign Languages is
amongst the suggestions

which

LSAR ought

serious

to

give

consideration as such an
foreign

NA

option, for_ studying

languages, is said to have been made available to

students
)
I

)

)

)

)

)
_
)
)

)
)
)

)

in Gujarat National Law University, Gandhinagar.

 )

)

6
0

'
)
·
)

CHAPTER IV
FINANCIAL
MANAGEMENT

)
)
)

)

)
'
)

}
)
)

From

1999-2000

Government of Andhra
Rs.50,07,07,850/-

till

2011-2012,

Pradesh

has

the

gran ted

to NALSAR. From out of this

sum exceeding Rs.50.00 crores, except

for

recurring expenditure

provided for in

the year

1999-2000

of

Rs. l4,57,850/ -;

furniture,

equipment

and

library

around Rs.37.00 lakhs in the
2001;

and

G.O.Rt.No. l538,

Rs. 2.00
dated

for

books

year

vide
as

add

itional funds to meet

expenses

and

the remaining grant has

infrastructure;

been

towards infrastructure

on

of

2000-

crores,

14.09.2009,

the

salaries

and campus

)

development of NALSAR. A budgetary provision

)

is made each year by the Stale Go'(ernment, for

)

NALSAR, by way of an annual grant of around R

)

s.4.00 crores.

)

t.he infrastructure and campus development of

In addition to the annual grant of Rs.4.00
crores from the Government of Andhra Pradesh,
the main source of NALSAR finances
annual

fees

received

undergoing undergraduate
courses.

are

the

from students
and

post-graduate

Another source of reven ue

is from

 N

AR proximate education.

A

into

L

organizations

S

several MOUs
for

NALSAR h as entered
with

different

offering

diplomas/ degrees in different branches of law
which also

)

)
)

)

 )
61

)
)

)

)

)
)

contribute to its financial resources. While

the initial

funding, including the cost of construction of the building,
and provision of other facilities, was mainly by the State
Government, NALSAR is required, over a period of time, to
become a self-financing and self-sufficient institution

of

research and learning.

)

)
')
)

The fee structure for the academic year 2011-2012 of
NALSAR compares favourably with other Law schools in
the country.

The total fees charged by the National Law

schools at Bhopal, Bangalore and Calcul.ta are higher than
NALSAR.

While

the

total fees

charged

by NALSAR

)

(excluding mess charges) is Rs.1,48,000/- per

)

National Law

-)

)
)

)
)

)

NLIU

Bhopal

Rs.2,16,500j-.

School, Bangalore charges
Rs.1,72,600/However, NLU

and

Rs.1,56,700/-,

NUJS

Jodhpur

annum,
Calcutta

and

GNLU

Gandhinagar are among the Law School s where the total
fees charged is lower than NALSAR. The total fees charged
by them is Rs.1,41,600/- and Rs.1,08,000/-

respectively.

An increase of 5% in the annual fees can be considered
progressively from the first year admission in 2012-2013.
Since a major source of its revenue is the

annual

fees collected from both under-graduate and post-graduate
students, (which is inherently limited by the fee structure
in other Law schools in the country), effective and optimal

)

)
)

)

)

)

 62

utilization of the available financial resources is essential,
more so as there are several other areas for which fund s
are required but have not been allocated. The very basis of
cost control is an efficient system of book keeping which
should not only be transparent, . but must also be efficient
and upto date to enable the management to identify areas

)
)

where there has been wastage of revenue, plug such
loopholes, and thereby make available financial resources
for other areas where they are urgently needed. Paucity of

)

time, and the nature of inspection, necessitated emphasis

. ')

being placed on certain areas of expenditure instead of a
detailed examination of the books of accounts of NALSAR.

)

)

(a)

BOOKS OF ACCOUNTS

>

Maintenance of books of accoun ts by NALSAR, during

)

the

2001-2002 till 2006-2007, was

poor

and

shoddy.

)

)

years

Neither were proper accounting syslems introduced, nor

>

was there

)

effective supervision of the manner in which

accounts were being maintained.
>

Sri V.V.K. Subba Rao, a qualified Chartered Accountant,
was the Finance Officer during the said period. He left the
services of NALSAR in July, 2007. [n his place Sri M.

)

)

)

)

)

Hanumantha Rao (Jt.

Manager,

Tourism

was

Corporation)

Finance (Retd ) A.P.

appointed

as

Accounts

 )
63

)
)

)

Officer of NALSAR on
It

only then that

November, 2007.
the

large scale

discrepancies in the Balance

)

Sheets,

)
)

is

1st

Income and
and

Expenditure statements,

other accounts, of NALSAR came to l igh t.
>

Though the books of accounts of NALSAR were

subjected
to

)

annual

audit ever

since

1998-99,

curiously none of these discrepancies were
pointed out by the Auditors

)

M/s. DSP Reddy & Co., or M/s. Ramu & Ravi

Chartered
Accountants, (we are informed that the partners in
both

)

these firms are common), w ho have
auditing

)

been

the books of accounts of NALSAR from 1998-99 till

date.

)

>

To compound the
reports

)
)

records

problem, the Aud i tor's
that

proper

books

of

accounts were being kept at NALSAR
and the said accounts gave a true and fair view, in
the
case of the

balance sheet, of the

state of affairs

in

)

)

NALSAR, and in the case of the income and
expenditure
account, along with statement of receipts and paym
ents
accounts.

 )
)

>

After joining NALSAR, Sri V. Hanum antha
Rao subm i tted his report
07.01.2008 informing that

dated
the

maintenance of accounts was poor; th e cash book

had
)

not
book

been reconciled with
during the

accounting
were

system

unable

transactions

)

)
)

)

)

)
)

to

upto

intervals, to pass
)

period

the

bank pass

2002-2006;

was defective;
reconcile
date,

and

the
at

the
they
bank

regular

 )
6
4

)

)

suitable accounting rectifications/ required entries;

no

follow

)

up action was

outstanding advances at

taken with

various levels;

)

there was failure of the staff

"
'
)

and expenditure.

)

regards

in

and

controlling

and keeping vigil, and a check over receipts

>

)

He suggested, amongst other steps, that a
special audit be conducted by a different
Chartered Accountant firm
to identify the entries in bank
reconciliation for its nature and origin on a
time bound/war footing basis for

)

the years 2001-2002 to 2006-2007.
>

On receipt of the report from the Accounts Officer

on

)

07.01.2008, M/s.
Chartered

Rayasam &

Associates,

Accountants, were appointed on 03.06.2008

to conduct
>

&

)
)
)

bank,

In

special audit.
their report dated 30.06.2009 Mfs. Rayasam

Associates, Chartered Accountants in formed that:)>

while identifying the information
t·elatingjrelevant to the bank transactions
which included non-accountin g of
cash transactions/cash withdrawals from the
i n terest on fixed deposits, receipts towards fees,
mess

 charges, and entries relating to dishonoured
cheques,
they were unable
to identiry the
nature
of
receipts/payments relating to certain transactions due
to
lack of sufficient/mismatch of info
rmation with the available records.

)

)
)>

)

)
)

)
)

)
)

)

The situation had arisen due to lack
of
efficient manpower in handling and
supervising the accounting system; and that
it had materially affected the truth an.d
fairness of the accounts of NALSAR.

 65

}>

a) Introduction of suitable accounting system;
b) Proper job allocation for persons manning the
accounting system;
c) Improved supervisory control system;
d) Structured periodical financial data reporting; and
e) Introduction of Internal Audit etc.

)
)
)

')

Certain remedial measures for the maintenance of
accurate, authenticated and meaningful accounting
records and information were suggested such as:-

>

Bank reconciliation statements were not prepared till
the

financial year 2008-09.

It was

that

Rs.95,79,066 on

the

credit

Rs.36,29,364.50 on the debit side, of

)

)

pursuant

to

prepared

after

thereto

a

consolidated
Bank

NALSAR during the

(debit)

Rs.7,69,369.50 (debit)

)

(credit) were adjusted in the

>

and

being

Consequent
Rs.66,36,369

and

Rs.29,42,697.29

books of accounts of

The special audit report, of M/ s. Rayasam & Co. dated
30.06.2009,
expenditure
Details of such

)

statement

NALSAR during the financial year 2010-2011.

)

)

adjusted

financial year 2008-09. Again

)

)

the books of

reconciliation.

Rs.28,59,995/ -

and

(credit) were adjusted in the books of accounts of

)

)

side,

accounts of NALSAR was required to be

)

)

after a

special audit was conducted did it come to light

)

)

only

records

the

amoun t of

income

and

for which no inform ation was available.
unknown expend ilure are:-

 66

)
)

a). As pe r Ban k recon ciliation statement:
i). Miscellaneou s expenses
as per pass book (Dr)
ii). Miscellaneous expenditure

2,15,624

as per cash book (Cr)

(b) .

24,01,573

This was adjusted in the a/cs of 2008-09 as under:i). Miscellaneous expenditure

23,55,178

as per pass book ( Dr)

ii). Miscellaneous expen diture
as per cash book

)

(c).

1,84,761

The balance was adjusted in the a/cs of 2010-11 as:-

i). Miscellaneous expendi ture
as per pass book (Dr)

)

46,395

ii). Miscellaneous expenditure
as per cash book (Cr)

)

30,863

)
)

>

2002-2003 to 2006-2007, the par ticulars of which were

)

neither

>

)

)

)
)
)

)
)
)

were

recorded

and

In su bstance, no information is available regarding the
nature of expenditure, for the en t ries reflected in the pass
to
Rs.24,01,573/ -;
and
the
book,
amounting
miscellaneous

)

available,

accounts.

)

)

known nor

adjusted as miscellaneous expenditure in the books of

)

)

All these expenses incurred during the financial years

expendi ture, for

the

entries reflected

in the cash book, amou nting to Rs.2, 15,624/ -.

 )
67

)
)
)

>

These deficiencies, in the maintenance of accou nts

were
neither brought to the notice of the Finance

)
Committee of

NALSAR, nor was the General Council informed of
these

')
)

discrepancies.
>

In the

General Council meeting held

on

22.03.2009,
Justice P. Venkata Rami

)

Reddi

raised

queries on certaiJ.1 items of revenue and
expend itu re shown in Audited

)

Accounts for the year 2007-2008. The minutes of

the said
meeting records

)

that

U1e explanatory

note on th ese queries was circulated to
the members of the General

)

Council at the meeting; the same was accepted;

and Lhe
Vice-Chancellor assured

)

the

members

that he would ensure strict compliance
with norms of fiscal prudence.

)
>

)

held

In the
on

14th meeting of the

General Cou ncil

27.03.2010, Ju stice Sri P. Venkatarami Reddy

pointed ou t

)

)
no t

that

there

was

a

disproportit?nate

increase
m miscellaneous expenditure
from 1l .94 lakhs to 34.88
lakhs; and the details of this huge increase was

 known.

)
)

>

The reply given
vague.

by NALSAR thereto was

The General Council was me rely

in formed that,

during the years 2001-

2002 to 2006-2007, some of the receipts
and
payments were not taken in the books of
accounts; after reconciliation necessary
entries were passed in the year
2008-2009 as per the audit report; and, due to
this, the

)

)

)
)

)
)

\

)

 )
68

)

}
}

miscellaneous expenses had increased in the year

20082009 as compared to the year 2007-2008.

)
.)

What the General Council was not

>

informed is that no information
available
regarding
nature
of

)

expenditure adjusted
"miscellaneous
expenditure",

)

u nder

allegedly incurred

was
the

the

head

by

NA LSAR,

exceedi

ng
Rs.26 lakhs and all expenses, for which no in
formation

)

was available, were classified under the head "
miscellaneous expenditure" and adjusted in the
books of accounts of

)

NALSAR during the years 2008-2009 and 2010-2011.

)
>

)

Though nearly two years have elapsed
thereafter, proper
accounting systems are yet to be introd u ced. There is

no

)

supervisory control system in

place.

There is

periodical

financial

)

)

data

repor ting, and

an internal audit system is yet
introduced,
though

)

no structured

meeting,

the
Finance
second
had
the

advised

to

Committee,
that

the

be
in

i ts

accoun ts of

University be audited once in a quarter.

 )

(b)

ACCOUNTANT GENERAL AUDIT

>

The

books of accounts of NALSAR have

also

been subjected

Accountant

General.

to

audit

by

the

As illustrative of the

several violations poin ted out therei n, a few
of

the

observations

of

the

General are noted here under:-

)

)
)
)

)
)

)

Accou ntant

 )
69

)

)

)
>

)

·;

Pursu ant to the AG audit, conducted for the finan cial year
2000-2001, the Accountant General records in his report
that:
I n the execu tion of works of NALSAR, instead of calling
for tenders by open notification through newspapers,
tenders were invited from selected firms; the basis for
selection of the firms was not made available to audit;
even among the selected firms, instead of accepting lhe

)
)

}

lowest tender of Rs.l92.47 lakhs, NALSAR had accepted
the highest tender of Rs.246.42 lakhs in respect of

)

"Construction of Hostel Block, Residential units and
allied works"

)

The

)

by one of the pre-identified firms was Rs.27.40 lakhs, the
work was awarded to the highest tender of Rs.30.6 lakhs.

same method had been adopted for "Internal
Electrical Worlcs". Though the lowest tender submitted

Similarly for "External Electrical works", while the
lowest tender was for Rs.31.56 lakhs, the work was
awarded to the highest bidder for Rs.34.70 lakhs.

)
)

)

In the case of "Internal and External plumbing works"
only two firms had submitted their quotations, out of
which one had withdrawn subsequently. The other firm
was awarded the contract, instead of invi ting tenders
afresh.

)

Measurement boo.ks had not been maintained by NALSAR
for the works executed.

)

Schedule of quantities, quantities of works actually
executed, the date of award, the date of completion, and
amounts paid to the contractors could not be verified by
them in the absence of such books being made available
for verification. ·

)

)

)>

)

)

)
)

)
)

)

Payment of fees to consu l tants, for execution of works in
respect of "Construction of Hostel Block, Residential

 70

had
exceeded
Rs.27,41,372/-.

Units",

)

the

contract

price

by

The Original contract agreements had not been produced
before the Audit party.
Photostat copies of U1e
agreements
produced did
not
contain
complete
information with regards the value of the con tract, the
date of award of work, the date of execution of the
agreement, the schedule of quantities etc.

)

Work-wise records and registers were not maintained.

)

Pursuant to
financial

)

A.G.

2001-2002,

audit, co nducted for
the

Accountant

the

General

observed:Works costing Rs.3,73,11,581/- were taken up in the
first phase, and subsequently works for Rs.9,67,72,564/
were taken up.
While the consu ltants had provided
assistance for works relatin g to the first phase, there was
no evidence on record of any assistance given by Lhe
consultants for the second phase.

)
)

year

the

·

The data, for preparation of the estimates for the works,
were not provided by the consultants.

)

I t was not known how the mtes, for different items, were
determined by the co nsultants.

)

Measurement books, or recording measurements, quality
and quantities of the works execu ted by the contractor,
were not maintained either by the consu ltan ts or by the
technical personnel of NALSAR.
·

)
)

The bills of the contractors were pmcessed by the Project
Engineer, for payment, without verification.

)

Even after completion of the phase-! works, phase II
works were entrusted to the same contractor without
calling for tenders, and without preparation of basic data
and estimates, despi te which NALSAR continued to pay
consultancy charges without any services being rendered

)
)

)

)
)

)
)
)

 71

)

)

)

by the consultants. There was no ev idence of prepara tion
of revised estimates by the consultants.
}>

Rs.27,89,160 / - was paid to the consultants of which only
Rs.2,33,197/- was legitimate payment. Thus, an excess
of Rs.25,55,963/ - was paid to the consultants.

}>

The reply of NALSAR, to the audit queries, were
unacceptable as evidence of preparing estimates, and the
data relating there to, was not there on record.

}>

The excess expenditure incurred on execu tion of works,
because of works not bein g awarded to the lowest
tenderer, was Rs.l8.81 lakhs.

}>

Though NALSAR had invited tenders, for constru ction of
the Hostel Blocks and Residen ti al Units, at an estimated
cost of Rs. l,83,49,796/-, the bid of M/s. Ramky Engg.
which was the lowest tenderer @ 1.17% excess over the
estimated cost was not accepted, and the work was
awarded to M/s. Asia Engg. Company, Secunderabad for
Rs.2,00,11,075/- @ 9.05% excess over the estimated
value.

}>

The reasons, for n ot accepting the bid of M / s. Ramky
Engg., was not
available on
record.
W hile
Rs.2,60,29,983/- was incu rred on the works, nei ther
were revised work estimates and completion reports
prepared by NALSAR nor was sanction obtained for the
extra quantities.

}>

NALSAR would h ave saved Rs.l8,80,938/ - if the work
had been entrusted to M/s. Ramky Engg,.

}>

Works were entrusted on nomination basis, wi thout
calling for tenders, for Rs.53.18 lak h s.

}>

Purchases effected from various parties were on a si ngle
tender basis. Even for these purchases there were no
docu ments available, other than in voices an d payment
vou chers.

)

)

)

)

)
)

)
)

)
)

)
)
)

)
)

)

 72

Similar

discrepancies

were

reported

by

the

Accountant General in their audit reports for the years

)

)

2002-2003 and 2003-2004; and for the years 2004-2005
and 2005-2006.

In the latter report, covering the years

2004-2005

2005-2006,

and

the

Accountant

General

observed that:)>

No inspection had been conducted under Section 7(3) of
the Act; and no statu tes h ad been made in terms of

)

Section lO(ii) of the Act.

)

}>

Council

the

admi nistrative

}>

}>

The statutes relating to administrative procedures, and

Receipts and paymen ts accoun ts fo r the years 20042005 and
temporarily

.2005-2006 were

were

not

one

bank accou nt

depicted in

the

books

to
of

the balance sheet; details of amou nts advanced to staff,
contractors, othe r advances, l oans e tc., were also not
e nclosed .
)>

They also observed that the following records were not
maintained.
1. Register of Deposits
2. Register of Fixed Assets
3. Register of Investments

)

from

accounts; details of fixed deposits were not enclosed to

)

)

not

fu nds were

transferred

another which

)

)

NALSAR

approval of the General Cou ncil obtained.

)

)

of

functions of officers of NALSAR, should be made, and

)

')

affairs

statutes

of thei r fun ctions.

prepared;

)

made

authorities, and the officers of NALSAR, in the discharge

)

)

shou ld have

including prescribing the procedures to be followed by the

)

)

General

concerning

)

)

The

 )

73

4. Register of Advances Recoverable
5. Stock Registers of Consumables
6. Purchase Files
7. Service Postage Account
8. Register of maintenance of Quarters
9. Register of stipends
10. Budget control Register
11. DCB Register for fees and Mess Charges

)

In its Audit report for the period 2006-07 & 2007-08
the Accountant General, among other aspects, observed:)

>

At the time of furnishing utilization certificate to the UGC some
expenditure, which

)

was

booked

unde r State Government

funds, was shown in the Utilisation Certificate furnished to the
UGC.

different grants i.e, U GC and State Government.

)
)

NALSAR had shown the same expenditure for two

>

NALSAR h ad not followed the prescribed procedu re for calling
of tenders; all

)

the

works

were

en trusted

to

M /s Asi a

Engineering, Secunderabad on i nvi ting item rate tenders from
selected contractors at an estimated cost of Rs.923.56 lalchs;

)

and the en tire work "Const ru ction of the Teachers Convention
Centre" consistin g of Groun d Floor, First Floor & Terrace Floor

)

at a cost of Rs.3,73,77,177/- was entru sted on nomin ation
basis to M/ s Asia En gineering, Secunderabad.

)
)

>

NALSAR had replied

that, as per lhe instructions of the

Executive Council, the wo rks were awarded to M /s. Asia
Engineering as it was

one

of

the

lead ing

constru ction

companies i n India, and it slood as the lowest tenderer.

)

)
)

)

)
)

)

 74

)

>

The reply of NALSAR was found not acceptable by the A.G.
Audit as NALSAR had not shown details of the tenders called
for, and other tender procedures followed by them.

>

Though Rs.SO.OO lakhs was received from M.K. Nambyar Saarc
Law Charitable Trust in March, 2007, it was invested in a Fixed
deposit only on 25. 6.2007, and interest was being received

.J

from July, 2007.

NALSAR had

thus lost

Rs.l,l2,500/

(Interest@ 9% p.m. "' 37500@ 3 months) owing to the delay in

)

investing the proceeds in an FD.

)

NALSAR had

received

Rs.61.00 lakhs towards arrangement of endowment guest
lectures. Out of which only one lecture was arranged in 2006-

)

07 and

no guest lectures were arranged during 2007-08.

)

Further the programmes, under the M.K. Nambya.r Trust, were

)

2006-07. When reasons for non arrangement of guest lectures

started only in the year 2009-10 though fun ds were received in
in 2006-07 and 2007-08, and for issue of lesser number of

)

awards/gold

medals/scholarships

than

the

number

of

)

endowments received, were called for, NALSAR had stated that

)

during 2007-08 was

the reasons for non conduct of end owment guest lectures
reasons. It was silent about the short fall in the issue of gold

)
)
)

due to administrative and academic

medals I scholarships.
>

The audit report records that the following records/inform ation
were not made available:(a) Agreement concluded with the firm

)

(b) Detailed estimates of the works
(c) Work order placed with the firm
(d) RA bills subm itted by the fi rm.

)
)

)
)
)

)
)

)

 )
75

)

>

records were misplaced and, after tracing the records, the same

)

'

NALSAR replied that, during shifting of the room, some of the

will be submitted to audit.
>

The A.G. Audit observed that NALSAR bad short recovered
mess dues amounting to Rs .10, 15,208/ - from the students
as against

the

actual

expenditure

incurred

during

the

period
2006-07 & 2007-08.

)

>

in the subsequent years of accounts, and assu red to produce

)
)

NALSAR replied that the dues were collected but accounted for
details to the next audit.

>

During the period 2006-07 & 2007-08, NALSAR had short

)

collected tuition

)

Rs.60.83 lakhs, tuition fees of Rs.43.86 lakh for the years

)
)
)
)

)
)
)

)
)

)

amounting to Rs.60,83,077 /-

from

B.A.LL.B & LL.M students. NALSAR replied that, out

of

2006-07 & 2007-08 was collected in the year 2008-09.

)
)

fees

>

The A.G. audit observed that NALSAR had not furnished the
following records for the years 2006-07 &. 2007-08
1. Register of deposits
2. Register of fixed assets
3. Register of investments
4. Stock registers of consumables
5. Purchase files
6. Register of maintenance of quarters
7. DCB register for fees and mess charges
8. Register of stores, stock & furniture
9. U.D.P. register
10. Budget control register
11. TA, TIA, LTC bills register

 76

)
)

)

12. Construction records such as Tender files, M.Books, Estimates
etc., for the year 2004-05

')
>

NALSAR replied that the records were not updated and, af ter
updating, the same would be shown to next audit.

The AG reports, hereinabove referred, reflects the
dismal state of affairs in the maintenance of accounts, and
adherence to accepted accounting procedures, by NALSAR.
None of the A.G. Audit reports were placed before the

)

General Council of NALSAR for their information and

)

necessary action.

)

(c)

PROJECT ACCOUNTS

)

>

From its inception till date, NALSAR has undertaken 26
projects entrusted to it by the Government of India, the

)

Government of Andhra T;'radesh, the Ford Foundalion,

)

International Labou r Organization and others.
>

)

these

26

projects,

19

>

The

accounts of

these projects are

NALSAR. The funds received from
project is credited in

NALSAR from ou t of these funds.

)

)

)
)
)
)

)

been

maintained

by

the sponsors of the

NALSAR's bank account, and the

expenditure incurred towards the

)

projects have

completed, and the other 7 are in progress.

)
)

Out of

project is paid

by

 )

77

>

Details of the project expenditure are not reflected in the
annual financial statements of NALSAR, nor
details brought to

the

are such

notice of either the Finance

Committee or the General Council of NALSAR.
>

The

balance sheet of NALSAR merely reflects the

amount

outstandin g

against

outstanding amount yet

the

projects

i.e.,

the

the

to be spent, from out of the

amounts received under each project, is shown in
schedule to

total

balance sheet, and the

the

cumulative

outstanding amount, of all the projects together, shown
on the liabilities side of the Balance sheet.

)

>

\/

)

actual expenditure incurred, m relation to each

project, is not reflected in the income and expenditure

)
)

The

account of NALSAR.
>

Like NALSAR Accounts, maintenance of project accounts
is also tardy, non-transparent and deficient.

>

Though utilization certificates h ave been sent to the
concerned

Ministry I sponsor

of

the

project

for

the

following five projects, details of the expenditure incurred
in relation to each project, has neither been recorded m
the project accounts of NALSAR, nor are the bills of
expenditure in relation to these projects available.

)
\
J

)

)

)

 78

)
of

Name

,)

the

Project:

Expenditure
for
which
no information is available

1. Ministry of Environmental

and infrastructure facilities

)

\

)

)

>

Rs.7,66,698

2. International Labour Organizatio n

Rs.1,56,557

3. Judicial Process Review Project

Rs.6,39,787

4. Ministry of HRD copy rights

Rs.3,47,330

5. Centre for Good Governance

Rs.4, 16,090

Though utilization certificates have been sent on completion of
certain projects, to the concerned Ministry/ sponsor, t he accounts
of these projects have not yet been finalised on the ground th at
bills, and other details regarding payments made, have not yet

)

)
)
)

)
)

)

)
)

)

.

/

)

been made available to t he Accounts Department by the Co
ordinators of these projects. Details of these projects are:
1) Centre for Good Governance
Legal Frame work for effective
Redressal

Rs.

2) Preparation of new Rent
Control Law

Rs. 2,81,200

)>

From

out

of the

expend iture i n cu rred

60,000

towards the

aforesaid projects the h onorarium and share of profit
paid

to the

Vice-Chancellor, Regist rars and

members of NALSAR are as under:

Faculty

 79

)
)

Projectwise breakup of Honorarium and Share of
profit given to faculty in addition to their salaries
Sl. No

Name of the project
Ministry

of Environmental and "nfrastructure

1.

)

)
)

nternational uabour prganization l!'_roject

2.
!Centre for
!Governance
otal

3.

>

Good

In addition to the salary, and other pe rquisites, paid to
them by NALSAR, some of the teaching facul ty of NALSAR
have been paid honorarium from project funds. Except for

)

Prof.Kalpana Kannabiran, whose honorarium from the
project was adjusted towards her mon thly salary, the

)

honorarium paid to ot her faculty mem bers of NA LSAR,

)

including the Vice-Chancellors and Registra rs, from these
projects is in addition to their monthly remuneration.

)

)

>

)

The time spent by t he facu lty on these projects outside
the campus on wor king days, or d u ring working hours, is
treated as 'on duty'. As a resu l t they receive thei r
salary and other perquisites from NA LSAR for a major
part of the

J

time spent by them on these projects.
>

In addition to the honorarium received from the projects,
the project coordinator, ( who i s eithe r the Vice-chancellor,
Regist rar or a faculty member of NALSAR) , is permitted lo

)

)
)
)
j

)
)

 )

)

80

)
retain the balance remaining m the project funds, after
incurring project expenditu.re.
On the
members,

ground that
were

NALSAR,

involved

m

and

its

research

training programmes and consu ltancy
was proposed to give the m the

faculty
projects,
works, it

benefit involved in

these activities, and to distribute the

net

savings

after deducting all expenses as under:

)

Activity
)

)
Research
Projects
Training
Programmes
Consultancy
a) Institutional b) Individual

)

)

)
>

)
)
I

)
)
/

)
'

)

The said amount was to l>e given to entitled person s i.e.,
the person, because of whose efforts, project/training
programme, consultancy had come to the institution; as
also the

person who,

as a faculty member, had got

individual consultancy during lhe course of employment.

 81

)

)
>

This proposal was accepted by the Executive Council in
its meeting held on 08.03.2008. The Execu tive Council
Resolution read s as under:

Item No.13 Distribution of amount received in
consultancy I research projects/ training programmes
etc.
"The Executive Council after discussion decided to approve
the same as mentioned in the agenda. However, they were of
he opinion that it may be reviewed after one year."
>

>

)

Prior to the resolu tion of the

Exec utive Council dated

8.3.2008, the Vice Chancellor, Registrar and

Faculty

members of NALSA R we re taking away the entire surplus
in these projects, without sharing i t with NALSAR. While
the

J

Executi ve Council dated

year, no such exercise of review has been undertaken till
date.

)

)

the

08.03.2008 requires the matter to be reviewed after one

)

)

said resolu tion of

>

While the utilization certificates subm i tted by NALSAR to
the concerned Ministry /sponsor of the project merely
reflects t he total honorarium paid u n der the project, the
break up of the honorarium/excess of income over project
expenditure

paid

to

the

projec t

D irector/ Co-

ordinator (either the Vice Chancellor, Registrar or facu lty
membe r of NALSAR) is not

shown in su ch

u tilization

cer tifica tes. This information is also not placed before the
General Council of NALSAR.

I

)

)
)

)

 82

)
)

>

We were informed that neither honorarium, nor excess of
income over expenditure, has been paid to the project-co
ordinator with regards the seven on-going projects till
date.

>

From out of the completed 19 projects no information is

)

available for six of the completed projects with regards

)

the

honorarium/excess

of

mcome

over

project

expenditure paid to the cor:cerned project Director.
)
>

Though the amoun t sanctioned fo r Lhe six projects below
mentioned has been received by NALSAR, in its entirety,
no project expend iture details are available for these

)

projects:

)
TITLE OF PROJECT

)

EXPENDITURE INCURRED

1. Ministry of Environmental

Infrastructu ral facilities

)
)
)

)

>

30,12,302

2. International Labour Organisation
Project

2,43,443

3. Environmental sensitization

1,80,000

4. Judicial process review project

2,19,835

5. Ministry of HRD copy rights

2,30,670

6. Centre for good governance

2,42,467

Details of the honorarium paid, and share of profit given,
to the Project Co-ordinator for the remaining 13 projecls
are as under:

)

\

 )
83

HONORARIUM

RECIPIENTS

Rs.
Prof. Ranbir Singh (Former Y..C.) Prof. Veer Singh

(Present V.C

Prof.Lakshminath, (Former Registrar)
Prof.Ghanshyam Singh, (Former Registrar)
Prof.K.V.S. Sarma, (Former Registrar)
Prof. M. Sridhar Acharyulu (Present Registrar)
Dr. K.V.K. Santhy
Dr. Vasanthi

)

Prof.Vijender Kumar
Prof.Vidyulatha Reddy

)

Ms. G.O.K. Sandhya
Ruhi Paul

)

Nalin Bharti
University Share

)
)

')
)

)

The Vice-Chancellor, in his note submitted to this
Committee dated 29.7.2011, informed that the funding
agencies grant research projects Lo Lhe faculty members
and their research team; the concerned organization would
grant funds according to the budget estimates submitted
by

the

coordinator

coordinator

for

the

would complete the

research

projects;

the

project and submit the

expenditure statement, and utiliza tion certificate, to the

)

)

)
)

)

 84

concerned organization through NALSAR; after incurring
all expenditure on execution and completion of the project,
if any surplus is left, the same shall be shared by NALSAR
and the research team in the proportion of 40:60; in case
)

any individual teacher gets

any consultancy offer, the

shares of the consultant and NALSAR in the surplus is to
be in the ratio of 70:30 as per the

Executive Council

resolution dated 8.3.2008; the research project grant is not

)
)

)

NALSAR revenue; and the University does not spend any of
its own money on the research projects.
While the faculty member may well have secured the
project, NALSAR has contributed both in terms of time and
money for the research work undertaken by the faculty

)

member. The period spent, during University work ing
hours, by the said faculty on ·project work is treated as

uo11

I )

duty", and he is paid full pay and allowances by NALSAR.

)

This also eats into the time set apart between 1.40 p.m. to

)
)

)

4.00 p.m. for students interaction with the faculty. We are
informed that the

practice prevalen t is for

the

Vice

Chancellor to decide which of the faculty members would
get a share of the profits. If it is on ly the person who gets
the project who is entitled to a share of the profits, there is
no justification in others being given a share and, instead,
such payment made to others can as well be credited to the

\

J

)

/

)
)

 )

85

institution.

This problem can be obviated if the project

coordinator is identified at the outset, and the percentage
which the faculty member would be entitled to as share of
the profits is stipulated even before commencement of the
project research work.

)

(d)

FOREIGN TRAVEL

When the
)
)

erstwhile Vice Chancellor Prof.

Ranbir

Singh went abroad on six occasions, during the period
2003-04 to 2007-08, to countries like United Kingdom,
Canada, Singapore, Egypt, Malasia and China, his flight
charges and perdiem charges was paid by NALSAR. Except

)

)
)

)
)
)

for the trip to Singapore and Canada, for which he was
paid by the Ford Foundation, the total amount incurred by
NALSAR for his foreign trips are:a) Flight charges
(other than charges borne by Ford F'oundalion)

Rs. 7,40,081

b) Visa charges
c) other expenditure
(not including expenses borne
By Ford Foundation)

Rs. 1,96,680

d) Perdiem charges

Rs.2,83,305
Total

Rs.

13,365

Rs.l2,33,431

The present Vice-Chancellor Prof. Veer Singh went
abroad on four occaswns, during the years 2009- 10 to
)

)
I

)

)
\

J

)

 )

86

)

2011- 2012, to Canada, I taly, and the United Kingdom.

For his foreign travel, he was paid
NALSAR.

perdium allowance by

In addition, he took foreign exchange advance

from NALSAR which was later return ed by him. However
)
)

)

the loss incurred by NALSAR, on account of fluctuations in
foreign exchange, for the advance taken by Prof. Veer Singh
has not been recovered from him till d ale. The expenditure
incurred by NALSAR towards the foreign travel expenses of
Prof. Veer Singh is as under:Visa charges
Perdium charges
Loss borne by NALSAR
because of fluctuations
In foreign exchange
Total:

)

)
)

)
)
)
)

Rs.
7012-00
Rs. L,38,294-00
Rs.

8,559-00

Rs.l,53,865-00

NALSAR claims to be following the daily allowance
rates applicable to Central Government officers with
regards payment of daily allowance for those who go
abroad to attend conferences etc.
The question is not whether the Vice-Chancellor of
NALSAR has been paid excessively for his internatio nal
travel but whether there are any systems in place to decide
whether or not the foreign travel of the Vice-Cha ncellor is
in the

interests of NALSAR; whether he should travel

abroad; if so who should gran t permission; and, if he is so

)

)
)

)

 87

p

or the Vice-Chancellor himself who should bear

e

the entire expenditure.

r
The Leave Regulations, for teachers of

m

NALSAR, was approved by the

i

Executive

t

Council of NALSAR in

its meeting held

t

on 13.11.1999·.

Regulation 4 of

e

the said Leave Regulations prescribes "duty leave"

d

and, under sub regulation (1) thereof, "duty

,

leave"

may

be granted

for

attending conferences, congresses, symposia and
w
h

seminars on behalf of the University, or with t he
permission of the University.

Under sub-

e

regulation (ii) , the duration of this leave should

t

be such as may be considered necessary by the

h

sanctioning authority on each occasion. Part 13

e

of the Leave Regulations specifies the

r

authorities competent to sanction leave and,
under clause (3) thereof, the Executive Council is

i

the authority competent to sanction any type of

t

leave other than casual leave/ special leave to
the Vice chancellor and the Registrar. Clause (4)

i

enables the Vice chancellor to avail casual

s

l.eave or special casual leave under intimation

N
A
L
S
A
R

to the Chancellor.

As " duty

leave" is a leave,

other than casual leave/

special casual leave, the erstwhile and the
present Vice-chancellors could have travelled a
broad on duty leave only after obtaining pnor
sanction of the Executive Council. The word
'sanction' can only mean prior approval, and not
subsequent ratification.

 )

)

)

88

In any event both the erstwhile and

the present

Vice

)

Chancellors have neither obtained pr ior sanction from

the

)

Executive
Executive

Council
Council

subsequently
foreign trips.

nor

has

the

ratified their

)
The period of the Vice-Chancellor's absence
from
)

duty, during the period of his foreign Lravel, is trealed

as
)

"on duty" leave and, for the said period,

NALSAR pays him salary and other perquisiles
as if he is on duty.

)

Prior
written permission or
Chancellor or

approval of eithe r the

the Executive Council of NALSAR has not been
obtained for any

of the

foreign trips of both

Lhe erstwhile and the present Vice-chancellor.
(e)
ADVERTISEMENT
EXPENSES

)
)

While the advertisemen:ts given by NALSAR may
hot
have a bearing on its being rated by "ludia Today" as

the

)

best, or the second best, law school in the
country, what is of concern is the needless
and

wasteful expenditure

 )

incurred in this regard.
"India- Today",

July 18Lh 2011 i ssue,

carries details of the " India Today - Neilson"
survey of Lhe Lop 10 law colleges in the country
among whom NALSAR, Hyderabad is shown as
No.1.

Curiously, the very same issue carries a

one page
advertisement
by NALSAR.

)

 89

)

)
Ever
)

)
)
)
)

)

since

2006-07,

advertisements in

"India

NALSAR

has

Today".

The

been

issuing

advertisements,

invariably, appear in the very same issue in which the top
10 or 25 law colleges in India are ra ted. For the year 200607, "India-Today" issue dated 5.6.2006 carries an impact
feature of two pages.

For this advertisement feature,

NALSAR paid Rs.8.00 lakhs, (Rs.7.91,636 after ded ucting
TDS), vide Cheque No.241452 dated 13.6.2006. The said
issue lists the top 10 law colleges in the country among
whom NALSAR is rated as No.1.

)

For

the year 2007-08, " Iudia Today" issue dated

4.6.2007 carries an impact fealu re of two pages, an
advertisement given by NALSAR. This impact feature is in

)

the very same issue in which the top 25 colleges in the
country are listed among whom NALSAR is ranked No.2.
Rs.8,50,000/ -, ( Rs.8,40,369 j- after TDS deduction), was

)
)
)

paid by cheque No.346024 dated 20.6. 2007.
The "India Today" issue dated 2.6.2008 lists the top 25
colleges in the country wherein NALSAR is shown as No.1.
The very same issue carries a one page advertisement given
by NALSAR for which Rs.3,60,000/ -, ( Rs.3,51,842/ - after
deducting TDS), was paid vide Cheque No.262028 d ated
1.10.2008.

)

)
)

 )
90

)
)

)

"India Today" issue dated 22.6.2009 lists the top 25

)

law colleges in the country wherein NALSAR is ranked as

')

No.2. The same issue carries a one page advertisement by

)
)

NALSAR.

paid

as

advertisement

charges by NALSAR, (Rs.3,46,034 after deducting TDS),
vide Cheque No.265666 dated 25.7.2009.

)
')

Rs.3,50,000 I- was

For

the

year 2010-11, "India Today" 1ssue dat d

28.6.2010 rates the top

10 law colleges in the co untry

amongst whom NALSAR is ranked as No.2. The very same
)

)
)
)

)
)
)
)

issue carries a one page advertisement given by NALSAR
for which Rs.3,50,000 I- was

paid, (l s.3,43,000 I- after

deducting TDS), vide Cheque No.902816 dated 10.8.2010.
We are informed that, unlike NALSAR, the National
Law School, Bangalore does not

incur such needless

advertisemen t expenditure.
(f)

ADVANCES GIVEN TO FACULTY MEMBERS

Tardy maintenance of accounts is best reflected by
the fact that amounts given as advance, to the faculty
members of NALSAR, have neither been

recovered from

them nor has the expenditure incurred, pursuant to the
advance taken

by

them, accounted

for.

The

total

outstanding amount, given as advance to faculty members,
)

)

)
)
)

 )
91

)
)

)

as on 3.7.2011 is Rs.4,75,680I -- Curiously, the

advance

)

)

given to the erstwhile Vice-Chancellor and
Registrars have still not been recovered, nor
the expenditure incurred in
relation to such advance accoun ted for, though they

left
")

the services of NALSAR more than three years ago.

)

The advance given to Prof. Lakshminath,

erstwhile

)
)

Registrar of NALSAR, of Rs.25,5001- on
15.7.2005 is still shown as outstanding.
Likewise the advance given to Prof.
Ranbir Singh

(former Vice-Chancellor of NALSAR)

of
)
of

Rs.37,468-20; Prof. Ghanshyam Singh ( former Registrar
NALSAR) of Rs.l8,629 I-; Ms. GOK Sandhya of Rs.20,000

)
)
outstanding

")
.)

I,

Mls. Kalpana Kannabiran of Rs.4320I - etc., are
still
shown as outstanding. Rs.7000 I-, shown as
from Prof. M.Sreedharacharyulu, is for the
advance taken by him in May and September
2006 nearly five years ago.
(g)

NALSAR PROXIMATE EDUCATION

)

)

NALSAR Proximate Education
a

(NALSAR Pro),

 distance education division of NALSAR, was started in
the
year
of
\

2001.

Proxima te education includes conduct

classes for imparting ed ucation, along wi th web

based
J

learning and interaction. The programcs which
NALSAR
Pro offers are :
(a) Post-graduate diploma in Palenls law;

)

)

)
)

)

 )
9
2

(b) Post-graduate diploma in Cyber laws;
(c) Post-graduate diploma in Media laws; and
(d) Post-graduate

diploma in

International

humanitarian law

The diploma courses are for a duration
of one year
In

addition

to

the

Post-grad uate

diploma courses (contact programmes) offered
by

NALSAR Pro,

entered

into

International

agreements have

between
Center

of

NALSAR

been
and

(1)

Alternative Dispute

Resolution (ICADR); (2) National Academy of
Direct

Taxes, (NADT), Nagpur; (3) Institute of

Insurance and Risk Management (IIRM); (4) In
stitute of Applied

)

Aviation

Management

(IAAM); and (5) Contractors Development In stitute
(CD!), a
constituent unit of the National Academy of

Construction
,

)

(NAC). Lack of uniformity in the terms and
conditions of the Memorandum of

)

Understanding entered into with these
bodies, in relation to
the

the

fees

to

be charged,

)

percentage of profits
to,

")

inspection and audit of books of accou nts
etc,

)

which

NALSAR is

needs immediate correction.

entitled

 )

)

While permission for the four post-graduate
diploma
(Distance Education) courses offered by NALSA R Pro
is
said to have

been sought for

from,

and

temporarily granted by, the National Council
for Distance Education,
)

)
)

)

)
)

 )

.)

9
3

)

'
'·)

)

)

no approval is said to have been sought for, let
alone being granted, to

)
)

)
)
)

)
)

the

distance education courses offered by

other
NALSAR

in collaboration with IIRM, CDI, IAAM etc.

)
)

any of

In
offers a

collaboration with
post

graduate

Alternate Dispute
regular

NALSAR

diploma

course

Resolution (both

course and

educa tion),

ICADR,

by

way

as
of

in
a

distance

and a post-graduate diploma in

Family Dispute Resolution.

·While

I CADR

conducts these courses, the faculty of NALSAR
is also involved

in teaching.

The examination

papers for these ·courses are set and valued by the
teaching faculty of NALSAR. The teaching faculty
of NALSAR, who take classes for the post-graduate
diploma courses
honorarium

by

a t

ICADR ,

are

paid

I CADR . However paper setti.ng

)

and

)

faculty members by NALSAR from the examination

paper eva luation fees

are

paid to these

fees collected from students undergoing the post-

)
)

graduate diploma courses.
Under the memorandum of understanding,
between NALSAR and ICADR dated 24.03.1999,
it was agreed that NALSAR would be paid 20%
of the total tuition and o ther fees
ICADR ; and the

collected

examination fee of

by

 R
s

.l,OOO/ -,
would be

prescribed

by

the

)
)

)
I

I

)

)
)

)

)

)

•'
)
)

)
)
)

)
}
)

)
)

)

)
)

University,

 with the application for the examination. ICADR
has all along been furnishing a list of students
who joined the diploma courses conducted by
them, and has been remitting certain amounts
c

said to represent 20% of the tuition and other

o

fees.

l

never

l

NALSAR to verify and ascertain whether

e

20% of the tuition and other fees collected by I

c

CADR,

t

LSAR, has been remitted or not.

e
d
b
y
N
A
L
S
A
R

The

books of accounts

been

subjected

of

ICADR

to examination

have
by

apd which is due and payable to NA

NALSAR offers a post-graduate degree in
taxation and business laws in collaboration with
the National Academy of Direct Taxes, Nagpur.
IRS trainees undergo a 16
programme

at

the

Direct Taxes (NADT),
courses,

which

month training

National

Academy of

Nagpur.

form part of

Among the
the

training

programme, the business law courses (modules
1 and 2) are handled, and a post-graduate
degree in taxation and business laws is awarded,
by

NALSAR.

understanding

The

memorandum

between

requires

the

NADT,
former

of

Nagpur and

a

NALSAR

to

pay

the

l

latter Rs.10,000/- per student for the said post-

o

grad uate degree course.

n

amount of Rs.lO,OOO/ -, NALSAR is required to

g

incur flight charges, and pay honorarium for

From out of this

those of its faculty members who
classes at NADT.

take

 )

)

95

)
)
The

)

)

post-graduate
m

collaboration with
graduate degree

diploma courses

ICADR, and

the

offered

post-

course offered in collaboration with NADT Nagpur,

is

)
Prof.

supervised by NALSAR-Pro. · While the services of
K.V.S. Sarma, Prof.
and Prof. V.

M.

Sridhar Acharyulu

)
courses,

Balakista Reddy have been utilized for the lCADR

)

Prof.

Veer

Singh

Sridhar
Acharyulu, Prof.

(Vice-Chancellor), Prof.

K.V.S.

Sarma, Prof.

M.

Vijendra

kumar, Prof. Vidyulatha Reddy, Prof. Shafi, Prof.
P.B. Shankar Rao and
)

Prof. Neha Pathakji have taken classes at NADT, Nagpur.

)

NALSAR has also entered into a memorandum

of

)

understanding, with the Institute of Insurance and

Risk
Management
up by the

)

(IIRM)

(which

is

jointly

set

Insurance Regulatory and Development Authority of

India

)

(IRDA) and the
on
06.01.2009.
the profits

Government of And hra Pradesh),

Under the said

MOU with IIRM

 )

and losses of the ventures ·taken up ·are required to

be

)

shared equally between NALSAR and ll RM after
meeting all items of expenditure. A

)

supplementary MOU was en tered
into on 02.02.2010
operandi of

venture.

modus

accounting

for

awards

post graduate degree in capital

a

the

prescribing the

NALSAR

markets and financial services in collaboration
with IIRM.

The fees, for the said post

graduate degree course, is collected, and the
accounts

)

 9
6

maintained,
Singh
Prof.

by

NALSAR.

.

Prof.

Veer

(Vice chancellor) , Prof. K.V.S. Sarma,
M. Sridhar Acharyulu and Prof.

Vijendra Kumar have

M.

associated themselves

with this venture.
NALSAR offers

a Masters degree in Law

of Financial Services
(ML-FS

&

CM),

and

Registrar)

M arkets

a collaboration programme

of NALSAR and IIRM.
Chancellor) ,

Capital

Prof.

Prof. Veer Singh

K.V.S.Sarma

and

Dr.Vijender

(earlier
Kumar

(Vice
the
have

received
)

honorarium from

IIRM for conducting classes

thereat.
)

)

During the
Rs.33000/-,

year

2010-11

they

received

Rs.26000/ - and Rs.12000 /- respectively as
honorarium.
They also received conveyance charges of Rs.2000

1-,
)
)

Rs.4500/- and Rs.2500/ - e·ach respectively.
Prof. M.
Sridhar Acharyulu
Prof. V.

received Rs.2986/-

Balakista Reddy received Rs.3690 f- towards paper

setting

)

and

and evaluation charges from IlRM.

 By his proceedings da ted 18.8.2011, the

)

Co-ordin ator of IIRM informed this Committee
that the degree/ diploma
)

certificates issued
offered through
the
be

MoU

awarded under the
an

appropriate

boration with

)

)

may

seal of NALSAR

a mention made prominently,

Degree/Diploma is

)

successful students,

between NALSAR and IIRM,

University with
at

to

being

place,

that

awarded

the

in coll a

 )
97

)

)
)

IIRM. Section 22(1) of University Grants Commission

Act

)

stipulates that only a University can award degrees.
While
NALSAR can
IIRM cannot.

')
)

postgraduate degree,

Showing their name in the Degree Certificate,
let alone
prominently, would be improper.

)
course

)

award a

NALSAR also offers a post-graduate diploma
m

Aviation

Law,

pursuant

to

a

memorandum of understanding entered into
with the Institute of Applied
)

Aviation Management (IAAM) on 01.12.2008.

The

said

)

MoU with IAAM required it to pay 20% of the net profits

to

)

NALSAR as royalty. The
agreement were

terms of the

said

modified by mutual agreement on 30.01.2010 and,

from

)

the

session 2010-2011, NALSAR and IAAM

agreed to equally

)
)

share

the

profits/surplus after excluding
expenses incurred for
courses. This

the

all

joint programme

post-graduate diploma course is offered

as a

distance

)

education programme which includes two
rounds

of seminar classes.

I

 )

)

NALSAR has agreed to IAAM collecting all
payment,
for application forms and fees for the course,
which range
from

Rs.500 to Rs.50,000. NALSAR ought to

have collected such

amounts

permitting IAAM to do
no

control over

the

instead

of

so. NALSAR exercises

expenditure incurred by

IAAM. The MOU does not even enable NALSAR
to have

)

)
)

 )

98

)
)
')

)
,)

the books of IAAM verified by its accounts staff or audited
by independent auditors.
No information has been furnished by

IAAM to

NALSAR till date. The accounts statements for this joint
")
)

)

programme, said to be maintained by IAAM, have not been
furnished despite this committee's repeated requests that
details of the expenditure inc:urred, and the amount pqid
as honorarium/paper setting and paper evaluation charges
to the faculty of NALSAR, be made available for verification.

)

}

A copy of a fortnightly called "Mumbai One" carries an
advertisement

issued

by

IAAM termed as

notification 2011-2012", whereunder
)

)

were asked to pay Rs.500/ - by way
IAAM payable at Calicut.

interested
o[

"Admission
applicants

D.D. in favou r of

For further details, they were

asked to contact the office of IAAM at No.6, 1st Floor,
Kamala Niwas, N.C. Kelkar Marg, Dadar (W), Mumbai -

)
)
)
)

400 028. Financial information, both with regards IAAM's
revenue and expenditure, is not

forthcoming and all

information concerning IAAM is sh rouded in mystery. It is
difficult to fathom why NALSAR shou ld associate itself with
a private institution whose anlecedents and credibility are
unknown. The collaboration MoU entered into by NALSAR

I

)

,)
)

)

with IAAM, in our view, needs reconsideration.

 99

)

)
(h)

DIPLOMA COURSE
WITH CDI

The
)

)

OFFERED

IN

COLLABORATION

Contractors Development Institu te (COl) is a

constituent unit of the National Academy of Construction
(NAC) which is managed by the Builders Association of
India (BAI) - A.P. Centre. Among those being trained at

)

CDI include private contractors and build ers. A graduate

)

diploma course in law of contract administration, and real
estate management for a duration of one year is offered by
NALSAR in collaboration with

CDI.

The

MoU

also

envisages a P.G. diploma course, in law of infrastructure
and disaster management, of one year
offered to students.

)
)

)

)

duration being

While NALSAR is entitled to offer

distance education courses in subjects related to "Law'', we
see no reason for it to enter into collaboration with private
or semi-private institutions in offering diploma courses.
How such collaboration is beneficial to the University is not
known.

There is a real danger of NALSAR's reputation

being adversely affected by such collabora tion more so as

)

NALSAR hardly exercises any administrative or financial

)

control on its collaboration partner.
(i)

MASTERS IN BUSINESS LAWS AND ADMINISTRATION

NALSAR
)

J

)

)

)

)

issued

notification dated

7.8.2011,

m

several dailies, inviting applications for a two years full

 100

)

time

Masters

Degree

course m

Administration (MBLA).

Business

Laws

and

Though around 50% of the said

course relates to "management", approval of the All India
Council for Technical Education (AICTE), a statutory body
under the
)

All India Council for Technical Education

Act,1987 has not been obtained for conducting such a
course. It is evident, from its "application and prospectus", that
from amongst the
for the

SL'(

subjects, which form the curriculum

first semester, three subjects, i.e.,

"Principles of

Management; Business Communication all{/ Soft Skills; and Business
Economics", are not related to law; are beyond the core
)

competence of NALSAR;
which

)

NALSAR was

and fall foul of the objects for

established.

As

NALSAR was

established to achieve the objects specified in Section 4 of
the NALSAR Act, it cannot venture into areas or teach

)
)

)
)

subjects other than law, and any such enterprise would be
ultravires the NALSAR Act.

Likewise, in Semester Il, three

subjects i.e., "Organizational Behaviour aud l-Junum Resources
Management; Financial Accounting and Jl!Jauagement Accounting;
and Business Statistics and Quantitative Techniques", have little
relation to "law".
4th

Internship and project is in the

semesters. The subjects prescribed for the

include "Financial

3rct

3rct

and

semester

Management, Marl,eting Management and

Brand Building, and Business Strategy aud Policy" , which are not
subjects related to "law". Likewise, in the

)
)

4th

semester, the

 )

)

three subjects which have little relation to law, are "(1)
Information Technology

and Electronic Commerce; (2) C01porate

Govemance and Business Ethics; and (3) Operational Management".

While the diploma courses offered by NALSAR Pro or
the diploma course offered in collaboration with NADT are,
at least, related to law, 50% of the syllabus of the two year

)

)

)
)
I

)

MBLA degree course offered by NALSAR has hardly any
connection with law.
COLLATERAL BENEFITS TO FACULTY MEMBERS

Prof. V.C. Vivekanandan who joined NALSAR as a
visiting faculty, in the scale of pay of an Associate Professor
on 1st July 2001, was appointed as Professor (Proximate
education)

on

11.10.2006.

He

was

subsequently

designated as HRD Chair Professor of IPR und er the
)

Ministry of Human Resources Development, Government of
India with

effect

from

1.2.2008 by proceedings dated

3.7.2008. He was designated as Coordinator-NALSAR Pro,
and HRD Chair Professor of IPR , by proceedings of the
Vice-Chancellor dated

7.5.2010,

and

was

asked

to

discharge his duties as Coordinator in NALSAR pro from
the City office three days in a week, and to deliver lectures
for LL.M., and B.A.,LL.B. (Honours) courses at Shameerpet
campus on other Week days. In addilion to his monthly

)

,.

)
)

 )
102

)

)
)
)

)
)
)

)
)

.)
)

)
)
)

)

')
)

remuneration, Prof. V.C. Vivekanandan was paid a fixed
sum

of

Rs.8000I-

as

honorarium, Rs.5000I-

as

conveyance, and Rs.2500I- as telephone expenses per
month for discharging hs duties as Coordinator - NALSAR
Pro.
Sri M. Sreedhar Acharyulu, Professor of NASLAR was
designated as Coordinator, Human Resources and Center
Head, Centre for IPR of NALSAR by proceedings of the Vice
Chancellor dated 7.5.2010. He was asked to discharge his
duties as Coordinator, Human Resources from the city
office three days in a week; deliver lectures for LL.M., and
B.A., LL.B., courses and to work as Center Head, Center
for IPR at NALSAR Shamirpet campus for the remaining
week days.

In addition to his monthly remuneration as

Professor of law, Prof. M . Sreedharacyaryulu was also paid
a fixed

honorarium of Rs.8000 I- and conveyance of

Rs.5000 I- per

month for his services as Coordinator,

Human Resources.

As Co-ordinator, Human Resources

Professor M. Sridhar Acharyulu was permitted to function
from the NALSAR city office t ree days a week. However,
on his

relinquishing the

position of Co-ordinator, Human

Resources on August I st, 2011, as he was appointed as
Registrar of NALSAR, Prof. M. Sridhar Acharyulu is now

)

)

)

)
)
)

 )

103

)
)
)

)

)
)

residing at NALSAR, Shameerpet campus, and is no longer
discharging his functions from the city office of NALSAR.
While

the

Rs.75,000/-

Vice

per

Chancellor

mon th

plus

of

DA

NALSAR is
and

paid

special

pay;

Professors and Associate Professors of NALSAR are fixed in

)

the pay scale of Rs.37,400-67,000. Ln addition they are

.)

paid DA, HRA, TA, DA on TA and special pay, AGP e tc. The
total pay

)

)

packet

of the

Vice-Chancellor,

)

)

olher

Professors of NALSAR, for the month of ,July, 2011, were:
1) Prof. Veer Singh , Vice Chancellor
2) Prof. Amitha Danda

)

and

3) Prof. K.V.S. Sarma
4) Prof. M. Sreedharacharyulu
5) Prof. V.C. Vivekanandan
6) Prof. Vijender Kumar
7) Prof. Balakista Reddy

Rs.1, 18,250
Rs.l,29,016
Rs. l ,l0,415
Rs.l, 19,405
Rs.1,16,057

J

·

Rs.1, 17,667 ·
Rs.1,09,667

)
In addition to the mo_nthly rem:uneration received

)

from NALSAR, certain faculty members of NALSAR have

)

been paid honorarium and other fees from NALSAR Pro,
IIRM, ICADR and NADT, Nagpur. For the years 2008-09 to
2010- 11,

the

following amounls were

faculty of NALSAR.

)

)

)

received by the

 )

S.No Name of the Professor
HONORARIUM
1
2

)

3.

Prof.Veer Singh
90,5QQ_
Prof.M.Sridhar
4,68,287
Acharyulu
Prof.V.C.Vivekanandan
includes a sum
of
Rs.4,89,000 I relatable to year 200708
rece
ived

)

in
the
year
2008
-09)
4
Prof.Vijender Kumar
65000 66349
5

)

6

9

1,03,664
Dr.T.Raghavendra Rao

10
11
12

10,000
Prof.K.V.S.Sarma
2,78,077
Prof.P.B.Shankar Rao
40,2_
Mr.S.N.A.Shafi

71905

280096

201075500
116286

17,85,845

1078120
247925
459800 (which

·
2,26,352

95003

15000

52050

23930

3000

3000

77664

1000

108645

11300

26000

4000

5000

47435

121997

20086

20200

24825
24,825

13

)

1,17,340
Dr.K.Vidyullatha
Reddy

8

)

)

V.Balakista
28690

87,280
Dr.N.Vasanthi
6,000
Dr.K.V.K.Santhy

7

)

Prof.
73650
Reddy

HONORARIUM HONORARIUM
TOTAL
2008-09
2009-10
11
15000

14

Mr.Saurabh Bharthi
4000
3000
M

 s.Neha
Pathak Ji

r---i2500
7,000

)

_

_

12
,5
00
TOTAL

32,57,956

)
)
(k)

)

HONORARIUM FROM IAAM

In the absence of any information from IAAM it is not
known whether any
of NALSAR

faculty member

has received honorarium,

or examination paper setting and
evaluation fees,
instilution.

from

the

said

We
were informed

that Prof. V. Balakista Reddy is
involved in the
programmes being conducted jointly by NALSAR and I
AAM.

)

)

)

 105

)

I
)
)

(1)

RENTED BUILDING

Though the

)

courses offered

at NALSAR Pro

are

distance education courses and, except for a few contact
)
)

")

classes, the entire programme is web based, the entire
ground floor of a building at Hyderguda in Hyderabad has
been taken on rent by NALSAR.

informed that the office, hitherto located at Barkatpura,
has now

)

This committee was

been shifted to the

rented premises to enable

prospective students obtain il).formation regarding, and pay
fees for, the various courses offered by NALSAR PRO.

)

)
)

)

)
)

For the office premises at Barkalpura, NALSAR did
not have to pay rent. For the present city office located at
3-5-874/18, Hyderguda, three separate lease deeds dated
01.04.2010 were entered into for lease of the ground, first
and second floors of the said premises. While the rent for
the

ground floor,

including charges for furniture and

fixures, is Rs.70,000/- per month; rent for the first floor,
including furniture charges, is Rs.65,000I-

;

and the rent

for the second floor is likewise for a sum of Rs.65,000/-.
While the first and second floors are utilised for conducting
the ML (FS & CM) courses jointly offered by NALSAR and
IIRM, the ground floor is utilized exclusively by NALSAR
Pro. The rent paid for the ci ty office building at Hyderguda
)

)
)

 106

)
)

)

)

by NALSAR, for the ML (FS & CM) course and NALSAR Pro,
are as under:
Year

)

)

20102011
20112012 upto Juyl
2011

)
TOTAL

)
One desk, either in the first or the second floor of the

)

)
)
)
)

)
)

)

said building would have sufficed for collection of fees, and
providing information to prospective st uden ts, since these
two floors are occupied for courses offered in collaboration
with

IIRM.

The distance education courses offered by

NALSAR Pro can be conducted from NALSAR Shameer pet
campus. This would also have facilitated senior faculty
members such as Prof. V.C. Vivekanandan and Prof M.
Sridhar Acharyulu to

function from

the

Shameerpet

campus of NALSAR thereby enabling undergraduate and
post-graduate students in the· campus to have the benefit
of their guidance on all week days instead of two days in a

)
/

week. (first and second Saturdays of each month being
holidays) . It would also enable NALSAR to cut down on
wasteful expenditure being incurred towards monthly rent

)

)
)

)
)

)
)

 )

1 07

)

)
)

)

for the ground floor of the building at Hyderguda. NALSAR
can consider having a separate

division of Distance

Education to handle Distance Education courses.

The

)

Distance

)

mandates that distance education courses should neither

)

)

Education

Council (set

up

under

IGN OU )

be outsourced nor should it be franch ised.
The net income of NALSAR Pro is alone reflected in
the income and expenditure accounts of NALSAR.

The

)

honorarium paid to facul ty members of NALSAR, or the

)

fees paid to them for paper se tting and paper evaluation, is

)

)
)
)

)
)
)

not shown separately but

is included under the

head

"contact classes" . For the year 2008-09, Schedule 21 of t he
Balance Shee t reflects the receipts from NALSAR Pro.
8 of Schedule 21

NA LSAR Pro.

Part

relates to expend iture incurred for

The amount shown as expenditure incurred

towards "contact classes" of NALSAR Pro, for the years 200809 and 2009-10, are as under:
2008-09
2009-10
-

Rs.38,63,919
Rs.32,85,150 /

The difference between income and expenditure of
NALSAR Pro is alone reflected under the head "NALSAR
Pro Education (net income!' on the income side of the
income and expenditure account of NALSAR.

The

net

income from NALSAR pro, as reflected in the income and

I

)

)
)
)

 108

)
)

)

expenditure account of NALSAR for the years 2008-09 and

}

2009-10, is as under:

)

2008-09

Rs.27,50,379

)

2009-10

Rs.66,23,149

The

of transparency

)

)
)

)
)

complete lack

in

providing

accounting information in relation to NALSAR PRO needs
to be addressed.
(m)

COMMON ADMISSION TEST (CLAT)

A memorandum of understanding was entered into
on 23.11.2007 between seven National law schools in the

)

country, including NALSAR,. for conducting a common

)

entrance test for admission to the five year integrated law

)
}

)
)

degree programme.

The Memorandum of Understanding

envisages a Common Law

Entrance Test, known as

Common Law Admission Test

(CLAT), being conducted

every year by rotation by each of the seven National Law
Universities; constitution of a committee, known as the
Core Committee, to decide and prescribe policies in respect"
of CLAT, and to monitor and implement its decision.
Among the matters which the Core Committee is required
to decide is the distribution of income and expenditure
(including transfer of funds) incurred in conducting CLAT

)
)

)

)
)
)

 )

109

)

)
)

for the year; approving the honoraria to be paid for various
CLAT

related

activities

etc.

The

Memorandum

of

Understanding stipulates that the proceeds (revenues) from

)

the sale of application forms and brochures shall be shared

)

in the following manner:

)

(a) 50% of the proceeds to be retained by the organizing University for
meeting the expenditure on conducting CLAT; and

)

(b) the remaining 50% of the proceeds to be d ivided equally among the
other participating Universities.

)
CLAT, 2008 was conduc ed by National Law School of

)

India University, Bangalore.

)

(Revenue from the sale of application s for CLAT), NALSAR

)

)

As its share of the proceeds

received Rs.17,44,713/ - from National Law School of India
University, Bangalore in the year 2008 and Rs.21,94,009/
from thee National Law Institute University , Bhopal in the
year 2010. While CLAT, 2011 was conducted by the West
Bengal National University of Juristical Sciences, Kolkotta,

)
)
)

NALSAR is yet to receive its share of the proceeds.

For

CLAT, 2008, the then Registrar Prof.Ghanshyam Singh was
paid Rs.2500/-, Prof. K.V.S. Sarma Rs.2000/-, and the
other facu lty members Rs.500/- each.

For CLAT, 2010

Rs.5000/- was paid as honorarium to Prof. Veer Singh,
Vice-chancellor;
)

Rs.4000/ -

)
)

)

)
)
)

Prof.

K.V.S.

Sarma;

Rs.2000/- to Prof. V. Balakista Reddy; and Rs.1000/- each
to other faculty members.

)

to

For CLAT, 2011, while Prof.

 )
1\0

)

Veer Singh was paid honorarium of Rs.6000/-, Prof. K.V.S.
Sarma was paid Rs.5000/- and the other faculty members
Rs.750 I- each.
CLAT, 2009 was conducted by NALSAR and the Vice
Chancellor was the Convener of the Core Committee.
boxes, containing

test

papers

of

CLAT,

The

2009, w re

tampered and the locks broken open when they were in
transit from Hyderabad to Lucknow. As a result CLAT,
I

2009 examinations, scheduled to be held

)

2009, were postponed.

)

on May

17th

For conducting CLAT, 2009 the

Registrar of NALSAR proposed, and the Vice-Chancellor

)

accepted, that payments be made to the faculty and staff of

')

NALSAR as honoraria. The amounts paid as honorarium
to the Vice-Chancellor and the other faculty members of

)

NALSAR are as under:
1) Prof. Veer Singh, Convenor
2) Prof. K.V.S.Sarma
3) Prof. Vijender Kumar

)

l s.90,000/
Rs. 60,000/
Rs.50,000/ -

The Assistant Registrar (Admn.) Ms. B. Nagalakshmi

)

was paid Rs.40,000/-, and other non-t aching staff were

)

paid lesser amounts. The note put up for the approval of
the

)

Vice-chancellor,

(which was

approved by the Vice

chancellor on 24.9.2009), records that "tlte total amount of

)

honorarium for CLAT-2009 staff was included in the statement of
accounts which the Core Committee has approved in its meeting held

)
)
)

)
)

)
)

Jl

 J

Ill

)

)

)
)
)
)
.}

)

on 18'" September, 2009".

All that is recorded in the minutes

of the Core Committee meeting held on 18.9. 2009 is that
"the Convenor, CLAT-2009 placed before the members detailed
statement of Account including collection of CLAT-2009 Revenues
(Income), Retention

of 50% of Total Revenues by Organizing

University as per MoU for conduct of CLAT -2009 aJUI item-1vise
details of Expenditure incurred in conduct of CLAT-2009 and the
statement of Accounts was unanimously approved by the members."

Payments towards honorarium, as detailed above, were
made in November, 2009.

)
)
)

)
)
)

That certain faculty members were paid honoraria for
CLAT -2009 is not the issue. What is of concern is the lack
of transparency in furnishing details thereof either in the
schedule to the

balance sheet or in the

expenditure account of NALSAR for the
2009-10.

income and
financial year

Since application forms for CLAT, 2009 were

issued between January and April, 2009, the receipts and
expenditure of CLAT, 2009 is spread ove r two financial

)

years i.e. 2008-09 and 2009-10.

)

receipts from the sale of application forms for CLAT, 2009

)
)

was

For the year 2008-09,

Rs.1,78,41,890/-. After deduct i ng the

expenditure

incurred of Rs.63,30,880/ -, the surplu s of Rs.1, 15,11,010
was shown in Schedule 18 of the Balance sheet under the
head "examination fees" . This surplus of Rs.1, 15,11,010I

I

)
)
)

)
)

)
)
)

along with graduate examination fees of Rs.9,29,150/ -,

 )
112

)

I
)
I

totaling to Rs.1,24,40,160/-, is shown o n the credit side

of

)

the income and expenditure statement for the year

ending
31.3.2009 as income from students
examination fees. As a result, details of the
expenditure incurred in the year 200809 for Rs.63,30,880/ - is not
financial

"J
)

statements of NALSAR.
the
surplus

(excess
of

of

shown in

the

It defies reason as to how

mcome

over

expenditure)

Rs.1, 15,11,010 can be shown as income received from

the

)

sale of application forms which, during th e
year 2008-09, was for Rs.1,78,41,890/ -.
Likewise, for the year 2009-10,

)

as against receipts from the sale of application forms

of

)

)

Rs.1,86,65,707,

the

expenditure

incurred

was
Rs.2,25,46,622/ -.The deficit of Rs.38,80,915/- is shown
in
Schedule 28, of the Schedules to the Balance Sheet,

under

)

the head "miscellaneous expenditure".
Schedule 28 refers to a note with regards the

)

Common Law Admission

 Test, 2009.
to

)

Note 4, of the notes of accounts, relates

miscellaneous expenditure and, thereunder, it
is staled that, during the current year, the

)
)

University had incurred
an

expenditure of Rs.38,80,915/- for
the

conducting

Common Law Admission Test and the· receipts, in

support
\

of the said activity, were not shown in the accounts for

the

./

year 2008-09 as receipt based system of
accounting was followed by the institution.

)
)

)

)
)
)
)
)

 )

)

113

)

"')
)
)
)
)

This note of accounts is not only misleading but is
also patently erroneous as the expend iture incurred during
the

year 2009-10, (erroneously shown in

note 4 as

Rs.38,80,915/ -), was actually Rs.2,25,46,622/ -.

Further

the entire receipts for CLAT, 2009 was not received only in
the

year

2008-09,

but

was

partly

received,

Rs.1,86,65,707/-, in the year 2009- 10 al so.

for

As a resul t

)

of the surplus/ deficit alone being

)

and expenditure account of NALSAR for the years 2008-09

shown in the income

and

')

2009-10, details of the

)

reflected therein. Consequently the honorarium paid to the

)
)
)
)
)

expenditure incurred are

not

Vice-Chancellor, the Registrar and Prof. Vijender Kumar of
Rs.90,000/-, Rs.60,000/- and Rs.SO,OOO /- respectively

is

not revealed in the financial statements of NALSAR for the
year

2009-10. The

amounts received towards sale of

application forms for CLAT -2009, or
incurred

for

separately in
NALSAR, let

conducting CLAT -2009,
the

the
is

expenditure
no t

income and expenditure account

alone the

honorarium paid to

)

Chancellor and other faculty members being

)

therein.

Both the

shown

the

of
Vice

reflected

Finance Committee and the General

Council, of NALSAR have been kept in the dark on these
)

)

)
)

)

J
)

)
)

aspects.

 1 14

(n)
')

A Memorandum of Understanding was entered into,

)

)

)
}

)'
)

)
)
)

ENDOWMENT FUNDS

between Sri

K.K. Venugopal,

Managing Trustee,

M.K.

Nambyar SAARC LAW Charitable Trusl and the then Vice
Chancellor, for

creation

of an

endowment chair

on

Comparative Constitutional Law at NALSAH named as "The
M.K.

Nambyar

SAARC

LAW

Chair

m

Comparative

Constitutional Studies". Rs.50.00 lakhs was gi ven by the
Trust to NALSAR for creation of the Chair.

This sum of

Rs.50 lakhs was required to be maintai ned in an interest
bearing account.
Professor

The MoU envisaged appointment of a

of Comparative Constitutional

Law

in

the

University to hold the Chair for a period of three years,
renewable by mutual conse nt; the sal ary or honorarium to

)

be paid to the Chairperson as well as other terms which

)

were to be determined and mutually agreed upon by the

)

)
)

Vice Chancellor and the Chairperson. The Chairperson was
required to undertake, co-ordinate and manage studies,
academic

courses

constitutional

etc.,

law; and

pertaining
the

lo

University

compara tive
was

also

to

undertake specific research and consultancy assignments
as may be considered appropriate or suggested by the
)

charitable trust.

The Appendix to the

MoU contains

guidelines for the work which may be undertaken as part
of the Endowments Chair.

)

)
)
)

 )

115

\

J

)

1
)

)

Curiously while Rs.50.00 lakhs was
kept in a Fixed

Deposit on

received and

25.6.2007, except for a

conference held from 28.4.2008 to 29.4.'2008 at New Delhi,
it was only in the year 2010 that steps were taken to utilize
the interest, from the Fixed Deposit, for the purposes for
which a Chair was created under the MOU.

)
)

' )
)

)
)
)
)

Rs.46.00 lakhs was received from 33 donors for
awarding

gold

medals

to

meritorious students,

Rs.11.00 lakhs was received from
conducting guest lectures.

and

t h ree individuals for

The interest received on the

fixed deposits, relating to the endowmen ts, have not been
fully utilized for the purposes for which these endowments
were created. This was also subjected to criticism by the
A.G. audit in its report for the years 2006-07 and 2007-08.
(o)

CONVOCATION EXPENSES

For the years 2004-2005 till 2009-2010, convocalion
expenses

incurred

by

NALSAR,

as

shown

on

tlte

expenditure side of its income and expenditure account,
are as under:
J

)

)

)

)

)

Year

2004-2005
2005-2006

Amount
9,98,507
11,14,427

 )

2006-2007
2007-2008
2008-2009
2009-2010

11 6

This committee, called for a break-up of
the convocation expenses, and was surprised to
note

the

huge

increase

in

decoration

expenditure.

Year

)

)

)

.)

2004-2005
20052006
2006-2007
20072008
2008-2009
2009-2010
2010-2011

.)

Amount
30
,0
00
3,90
,000
.3,75,000
4,60
,000
7,12
,845
7,50
,000
8,00
,000

On being asked to produce the records to

ascertain

)

whether or not tenders had been called fo r this
decoration expenditure, we were informed that
no tenders were called for, and the work was
being entrusted to the same person each year
with a periodical increase in Lhe amount paid
as

 mutually agreed between him and NALSAR. If
only

tenders had been called for,

invited,

NALSAR

substantial

part of

could
the

have

and
saved

day i.e., the day of
c
o
n
v
o
c
a
ti
o
n
.
I'

)

a

huge expenditure

incurred towards decoration charges for

)

bids

one

 ')

11 7

')
)

'}
')

The

convocation expenses include the

amount

incurred on supply of lunch on the day of the convocation .
While lunch was supplied by M/ s. Durga Mess for students

I

)

and their parents who attended the convocation, Lunch for

J

VIP guests was supplied by Celebrity Club which was
earlier known as Emmanuel Resorts.

')

invited nor was
supplier,

either

Neither were bids

any effort made to identify any other
from

the

city

or

nearby

NALSAR

Shameerpet campus, for supply of lunch both to the VIP
guests and parents and students who
convocation.

attended

the

NALSAR could have reduced its lunch

expenditure substantially if quotations had

been invited

from atleast a few other hotels/caterers.
)

')

)
)
)
)

After scrutinizing the Budget estimates for the year
2000-2001, along with
2000, the

the revised estimates for

1999-

Finance Committee, in i ts meeting held

11.03.2000, suggested to enhance the

on

provision under

'Legal Literacy' from Rs.20,000/- to Rs.SO,OOO/ - and to
effect

corresponding reduction

under "Functions/

Celebrations". In the 15th meeting of the General Council
held on 26.03.20 11, Justice U.C. Bru1.erjee suggested that
the

expenses of convocation should be reduced.

The

minutes of the said meeting records the Vice-Chancellor
having informed the members that the cost of tent, food

J

J

)
)

 )
1
1
8

)

!

and air fare had gone up; hence provision had been

made

')

accordingly; and, once

th e A udito riu m was

complete, expenses on tents etc., would be

)
)

consid erably reduced.
The moot
question
uction of the

is when

will

constr

Auditorium be completed.
CONSTRUCTION OF
AUDITORIUM
(p)

The

Executive

approval

Council

accord ed

for constitution of a building

committee con sisting of

the

then Vice-

Chancellor, two sitting judges of the A.P. High
Co urt, the Chairman, Bar Council of A.P. and the
Registrar, NALSAR. The Executive Co uncil, in
its meeti ng held on
23.06.2007, approved awarding the contract to
M /s. Asia
Engineering Company
among others, of
I

'\

for

construction,

the Auditorium. Limited tenders, (expressio n of interest

E.O.I), were invited from three pre-iden tified

)

contractors, (instead of an open invitation to
tender), from amongst

)

whom

the

bid

submitted by
Engineering

Mjs. Asia

 )

Company Private Limited was found to be the
lowest.
A
work order was issued on 06.07.2007 requiring
them to commence the work within fifteen days.
The period of completion of construction of the
Auditorium, as specified in the work order, was
360 days. Thereafter an agreement was entered
into on 07.08.2007. As agai n st the estimated
cost of Rs.450.14 lakhs, the agreeme n t val ue
of civil worl<:s

j

)
)

 119

)

was around Rs.477.27 lakhs from out of the total value of

)

the

)

contract

of

Rs.4.96 crores.

)
)

)

.)
)
)

work, which

commenced in July, 2007, was stopped just a month
thereafter in August, 2007, by which date only Rs.25.66
lakhs value of the

)

The

work

was completed.

The

matter

remained in cold storage thereafter till the year 2010 when
the architect, vide his letter dated 11.01.2010, re-estimated
the cost of construction of the Auditorium as Rs.5.51
crores. As against the contractor's request for escalation in
rates by 12%, the architect recommended an increase of
between 7 and 7.5%.
J ust pnor

to

re-entrustment

of

the

work

of

construction of the Auditorium in January, 2010, the Vice
Chancellor constituted

the

building committee.

The

constitution of the said building committee has not as yet

)
)

)

been approved by the Executive Council of NALSAR . Even
before enhancement of the agreement value was approved
by the Executive Council, a contract was entered into with
Mjs. Asia

Engineering Company Private Limited on

01.02.2010 whereunder the period of completion of the
work was fixed as 360 days. The site was handed over to
the contractor on 01.02.2010, and the date of completion
was stipulated as 25.01.2011.

)

)
)

 120

The

Executi ve Council, in

its

meeting held

on

28.02.2010, is said to have approved the recommendations
of the

building committee for 7% enhancement of the

original agreement value. Even, by 25.01.2011, only 40%

)
)

of the work was executed. By his letter dated 15.02.2011
the

contractor

again sought

extension of

time,

for

completion of the work, till 30.09.2011. On enquiry, the
Project Engineer informed us that, till date, only 50% of the

)

work has been completed. H e also informed us that the
work will not be completed by 30. 09.201 1, and it may take

)

atleast six more mon ths for its completi on. Meanwhile, the

)

contractor has sought escalation in rates by Rs.35 lakhs
on account of increase in the cost of cemen t and steel.

)
)

No effort was made by NALSAR to invite bids afresh
for re-entrustment of the work in the year 2010, nor has

)

any action been

taken agai nst the

contractor for slow

progress in completion of construction of the auditorium,
though clause 44 of the General condi tions of contrac t
)

prescribes a penalty calcula ted at 0.5%, of the total value
of the work, per week to be levied as liquidated damages
subject to a maximum of 5%. Curiously even the buildin g
committee has not as ye t approved grant of extension of
time to the con tractor even till 30.09.2011, though they
continue to execute the work.

)

 )

'j

)

121

(q)

OTHER CONTRACTS

NALSAR has outsourced the following facilities:
(a)

)

security services; (b) mess; (c) cleaning facilities; (d)

annual
')

maintenance contract for computers, LCD,
Internet etc; (e) sewerage treatment plant; (fj
pest control services; and

)

)

(g) six shops on campus. Lease agreements have
been
entered into between the lessees of the shops
and NALSAR , and the rent received by NALSAR

)
)
departmental

)
)

')
)

ranges from Rs.900/ - to
Rs.4,000/- p.m. These shops ·house a law book house,
a
telephone booth, a bake_ry, a fruit shop, a
store etc.
Furniture

is

procured,

and

IT

and

purchase contracts entered into, by NALSAR not
by open invitation to tender,
but
by
identified

limited

suppliers/ contractors.

tenders
While

from
the

preweb

maintenance contract at NALSAR, Shameerpet
)

Campus is Rs.80,000/
per annum, NALSAR Pro, which has a much larger
traffic,

 )
a

has been incurring only Rs.35,000/ - annually for such

)

maintenance contract.
made that even
invited

from

the

Allegations have
limited

been

tenders,

pre-identified suppliers, are in

reality only from one supplier who himself
\

produces quotations on letter heads of o ther
firms which exist only on paper; and, in effect,
furnit ure is purchased
from, and IT and other purchase contracts are awarded
to,

)

 1 22

')

only one pre-identified supplierI contractor, and not even

)

on the basis of a limited tender. These allegations may

)
)

)

need further probe. Our attention has also been drawn to
the needless expenditure incurred on printing material
such as brochures, journals etc., as a substantial portion
thereof is said not even to have-been pul to use.
During the initial years, the purchase committee of

)
)

)
)

NALSAR included a sitting Judge of the High Court.

To

avoid needless and wasteful expenditure it is necessary
that the earlier practice of having a silling/ retired judge of
the High Court in the purchase com mittee, which has later
been given a go-bye, is revived.

)

)
)

(r)

FINES

Complaints

have

been

received

from

students

regarding imposition of excessive fines. Details of the fines,
collected from students which were cred ited to the slud·en
t welfare fund, during the years 2008-2009 to 2010-2011,
is
as under:

)

Year

2008-2009
2009-2010
2010-2011

Amount
1,27,240
4,01,900
4,88,000

The University has been sanctionin g scholarships to
students from the funds available in the students welfare

)

)

 123

fund. The scholarships sanctioned for the years 2008-2009
to 2010-2011 are as under:
Amount
1,75,000
1,98,750
3,20,000

Year

2008-2009
2009-2010
2010-2011

)

)

(s)

FINANCE COMMITTEE MEETINGS

The A.G. Audit, for the financial years 2004-2005 and
)

2005-2006, observes that, as per

Section 15(4) of the

NALSAR Act, the Finance Committee should meet at least

)

thrice every year but, on enquiry, it was reported that only

)

one Finance Committee meeting was

conducted during

2006-07 and 2007-08 as against the stipulated three
\

)

meetings each year.
Not only

should it

be

ensured that the

Finance

Committee meets once each quarter if not more often, but
also that persons appointed to the

committee are

ably

assisted by qualified independent auditors to unearth, and
correct, discrepancies at the earliest, i n any event, before
)

)

I

)

the accounts are audited by the Accountant General.

 1 24

)
'

'

)

CHAPTER V

)

LIBRARY

)
)

Not only does NALSAR have a fairly well equipped
library, it also provides internet facilities to students both
in the library and in the hostels. The grievances of students
are not

with

regards non-availability

of books in the

library, but with regards the library timings and the period
)

for which it is kept open. This report is, therefore, confi ned
only to this issue, and other issues regarding subscription

)

of other journals,

)

cleanliness, loss of books because of inadequate security in

purchase

of

books, stock taking,

the library etc. are not being de.al t with herein.
)

)
I )

)
'

The li brary at NALSAR campus i s open from 9 am to
9 pm on working days, from 9 am to 5 pm on holidays and
till 11 pm on examination days. Students complain that, as
the

entire morning session and,

circumstances,

the

afternoon

depending

sess1ons

are

on
spent

the
in

)

classrooms or for consultation with their teachers, they

\

have access to the library only for aro und three to four

)

hours each working day. Studen ts have s uggested that the
li brary at NALSAR, like li braries of all institutions of
excellence, should be open 24x7; and, in order to deal with
the staff requirements of such an arrangement, access to

.)

)
)

 1 25
)

)

the library could be mechanized. We are informed that the

)

Library at the National Law School, Bangalore is open till

)
)

12:30 A.M. for all students on a general basis, till 3 A.M.
on examination days, and 24 hours a day for students
preparing from moot court competitions. The Library at
NUJS, Kolkata is said to be open till 2 A.M every day.

)
)

)

)
)

)

)

J

NALSAR administration would

do well to obtain

information from these Law schools, depute its library staff
to study the systems put in place thereat to ensure safe
access of both students and books in the Library and,
thereafter, examine the feasibility of adopting a similar
system in this institution also.

 )

126

\

CHAPTER-VI
STUDENTS WELFARE/ GRIEVANCES

Unlike a military academy attempts to enforce strict
discipline, of a similar kind, on students in a residential
)

)
)

)

University is not warranted. Youngsters, just out of school,
join the five year undergraduate course at NALSAR. These
adolescents, some of whom may not even have attained
majority, need delicate handling, and not strict policing.
These adolescents are called upon to spend a major part of
the next five years of their lives within the confines of a

)

)
)
)

)

residential institution. Their grievances are many, some
genume

some

exaggerated. Instead

of

creating an

atmosphere where they are scared even to approach l.he
authorities to ventilate their woes, NALSAR administration
should give them a patient hearing, and explain why all
their grievances cannot be addressed. This chapter is again
divided into different topics.

)
(a}

PLACEMENT PROGRAMME

As

new

avenues arise, which enables them to

supplement their monthly remuneration, the

focus

of

NALSAR faculty has shifted from its primary objecti ve of
creating a talent pool of bright lawyers to conducting
distance education courses in wide and varied subjects.

)

)

 127

)

The object of establishing NALSAR, as Is laid down
)

)
")

Section 4 of the

Act, includes to evolve and impart

comprehensive legal education at all levels to achieve
excellence; to promote cultural, legal and ethical values
with a view to promote and foster the rule of law and the
objectives enshrined in

)

)
)

the

Constitution of India; to

promote legal awareness in the commun ity for achieving
social and

economic justice; to

undertake study and

training projects relating to law, legislation and judicial
institutions.

)
\

I

During

our

interaction,

while

several students

suggested introduction of new courses, in subjects such as
competition law, on the plea that it would help them secure

)

employment, not one of them expressed only desire or
intention to join the bar or the. subordinate judiciary. Even

)

amongst the representatives of the Student Bar Counci l, it

)

is only a few who said they intend ed joining the bar on

)

them, a majority were second or third generation lavvyers.

)

Of the more than 500 students, who have completed their

completion of their five year undergraduate course. Among

undergraduate law

course at

NALSAR, a

substantial

number have joined as Law Associates in Corporate Law
Firms, and a negligible few have taken to legal practice.
Even among these few, many have joined law firms which

)

)
\

I

)

 128

)
'\I

specialize in corporate/business laws.

The

pay packet

offered by them is the main attraction, unlike the uncertain

.,

returns in the initial years of law practice.

)

')
)

When asked why joining the bar was not among the
options thought of, the common refrain was that it would
involve a "struggle" which they could do without. It does not
stand to reason that such "bright young minds" should avoid
joining the bar for this reason when, in fact, their five year
undergraduate

course

with

NALSAR,

m

a

confined

)

environment involving long hours of study and intense

)

competition with its emphasis .on securig high grades,

is

no less a "struggle". It is evident that not enough attention
)

has been placed on motivating these talented youngsters to

)

take up the legal profession. Quality of Academic Input m

)

)

.)

the

law course, and an active

role by the

faculty

tn

motivating the young minds in career selec tion keeping in
view the objects of the NALSA R, is of ulmost importance.
As,

at present, the

entire batch of

final

year

undergraduate students of NALSAR find placement eilher
with law firms or in the corporate sector, except for a
handful who join

the bar or pursue higher education.

Hitherto, placements used to be supervised by the facu lty of

NALSAR. Placement, both in between semesters and at the
end of the five year undergr.aduate course, has, in the
J

J

 )

1
2
9

recent past, been left
Council without the

to

the

Student Bar

involvement of either the

NALSAR administration or the teaching faculty.
Mid-semester placemen t with lawyers of repute,
and at different levels, be it in the District, in
the High
and in

Court or

the

Supreme Court,

non

governmental
the rural
)

in

organizations

populace and the
deprived

which

cater

to

socially and educationally

sections of society, could

be

an

option for

students who have the zeal to take up socially
relevant issues on their
joining the bar later, instead of the mad rush as
at present

)

to join the corporate sector, or in law firms which cater

to
)
ough

)

)

the needs' of corporates. Routing final placements thrNALSAR, instead of leaving it to the Student
Bar Council,
will avoid the impression among a substantial
section of
students that plum placements are cornered by
members of the recruitment committee of the
Students Bar Council.

 )

An effective

system for placement of

students, in between semesters, needs to be
pul in place, and good
lawyers in the
and
)

High Courts

District Courts, identified for such
placements.

)

Supreme Court, the

Even though improving the

quality of Lhe bar was among the
primary objects of establishing this insti tution,
students
now go only to law firms, and the trial Court,
High Court and Supreme
lawyer's
hardly

)

internships

Court
1s

 )

1 30

)

)
)

)
. .)

considered an option.
Mid-semester placement with
lawyers should be factored into the students curriculum,
and they should be allotted marks for these internships
which can be the marks for clinical courses.
(b)

MOOT COURTS

Participation in Moot Courts, and the success there
)

at, is considered an achievement by students of Law
Schools. NALSAR spends several lakhs each year towards
Moot Court competitions.

Participation in Moot Courts,

)

both within the country and abroad , is partly subsidized by

)

NALSAR. The expenditure incurred by NASLAR for Moot
Court competitions during the years 2006-2007 till 20092010 is as under:

Amount

Year

)
)
)

2006-2007
2007-2008
2008-2009
2009-2010

6,64,168
8,46,338
9,28,056
12,43,359

Several students have

complained about lack

of

transparency and fairness both in the selection process,
and in selection of students, to participate in Moot Court
competitions. While this could partly be discounted as the
grievance of those who have not been found meritorious for
selection, there are no procedures prescribed to ensure a
transparent

)

).

)

process

of

selection

of

students

for

 131

participation
favouritism

m
have

moot court
been

events.

level d

Allegations of

against

Prof.

Vijender

Kumar, and a large section of the students with whom we
interacted believe that he has been partial.
an outsider including, if need be,

Involvement of

a nominee of the

Chancellor in the selection committee would redress these
grievances, and

ensure

that

a

transparent

and

fair

procedure is adhered to in the selection of candidates for
participation in Moot Court competitions.

)
)

(c)

MEDICAL FACILITIES

In

the

General Council

February, 2006, Justice

meeting

held

on

25th

S.S.M. Quadri, (presently the

Chairman of this Committee), suggested that medical

)
)

)

facilities on the campus needed be upgraded. NALSAR has
employed a part time doctor and a nurse. The Doctor is
required to work three hours (4.00 p.m. to 7.00 p.m.) each
day siJ'{ days a week. The University has a health center
where the doctor attends to the medical complaints of

)

students. The Doctor, at present, is paid Rs.20,000 j- per

)

month. NALSAR has also employed a resident nurse on
con tract basis at Rs,lO,OOO/- per monlh. She is required
to stay in

the campus.

She

is provided rent

free

accommodation in the girls hostel, and free food at the

)
J

 1 32

)

students mess subject to a maximum of Rs.2000/- per

)

month.

)
)
)

)

Adequate stock of medicines in the University health
centre, coupled with
response

system,

the

has

setting up of an emergency
been

amongst

the

essential

requirements which students have emphasized upon.
Training students in first aid and emergency medical care;
and Setting up of a counseling cell to help them deal with

)

the acute stress of the demand s of a law school are

)

amongst the other suggestions made. Boy students have

)
)

)
)

)

complained that, while there is a nurse in the Girl's Hostel,
there is no trained para-mediC" residing in the Boys Hostel;
there is no doctor on call; and the doctor, who is required
to be available 3 hours a day six days a week, only visits
the campus on certain days of the week for an hour or so.
The NALSAR campus, and the region arou nd, is said to be
snake infested. Students have complained that there are
scorpions, besides varieties of insects, some of whose bites

)

are dangerous. Studen ts have also complained that the

)

ambulance available at NALSAR is not well main tained;

)

distilled water (without which the cylinder cannot be used)
is not kept in the oxygen cylinder; and there have been
numerous instances of the ambulance failing to respond
promptly to emergency calls from the sludents. (Delays of

J

)

)
)

)
)

 133

)

)

even half an hour to forty minutes have been reported). We
were informed that, as at present, students pool in to pay
the

)

hospital bills

of the

studen t hospitalized in

an

'

emergency and, at a later date, recover the amount from

)

him/her.

')

)

No antivenom or other antidotes are stocked at the
health centre located on
population,

which

the

includes

campus. A large student
students

suffering

from

)

peculiar medical conditions, makes it important to have a

)

well

)

planned

emergency

administration

system

m

place.

should examine whether an

NALSAR
emergency

response section can be facilitated in collaboration with
Mediciti, or and any other hospital located at a proximate
distance

from

NALSAR. The

University should

lake

immediate steps to fully equip the ambulance and e nsure
)

)
)
)
)

that it is properly maintained.

Adequate stock of essential

medicines, including antidotes for snake bites, should be
maintained.

Immediate steps should be taken to conduct

a first-aid training course for all the students in basic first
aid and health care. The feasibili ty of establ ishing an
infirmary for students, during outbreak of contagious
diseases, must be given senous consid eration, as also a
group medical insurance policy for all studen ts and a para
medic in the boys hostel.

)
J

)

 1
3
4

(d)
CLEANLINESS
OF HOSTELS

In the 15th meeting of the General Council held
on
26.03.2011,
suggested

Justice
that

P.

Venkatarama

cleanliness

maintained

properly in

minutes

the

Vice

of

said

Chancellor

should

the

be

hostels. The

meeti ng

having

Reddi

records

assured

the
that

maintenance work would be done in phases, on
account of maintenance being very
)

)

expensive; and hostels' cleanliness would be
main tained properly. We went around the boys
and girls hostels, and
found that the toilets were dirty, the corridors near

the
bathrooms were littered with gar bage, and the
rooms were unclean.
)

)
be
)

that the hostels had been
spruced up for our
cleanliness levels

visit,

and

that lh e

were far worse on other days. Serious attention should
given by the University authorities regarding
upkeep and maintenance of hostels.

)
ERRATIC
POWER SUPPLY
(e)

)

Students informed us

 )

Students have complained of errati c power su
pply,
and failure of the
switch on the

NALSAR staff

generator during power cuts.

to promptly

A generator has

been purchased and is housed a little
from sluden ts hostels.

away

During power cuts an

a tlender f sec urity guard
goes over and switches on
Students have

)
)

)
\

J

the

generator.

 )
1
3
5

complained about
switching on
to

inordinate

delay, in

the generator, ranging from

minutes to one
unable

the

hour.

access

45

As a result they

the

internet,

and

are
their

academic preparation is hampered thereby. They
informed us that they had complained on several
occasions, and had
also gone personally to the
attenderI guard

residence of the

requesting him to switch on the generator. Their
grievance is that they
guard's room

cannot go over to the

during nights as they

are

not

allowed to leave the hostel premises, resulting in
their having to endure power cuts for long.
)

During
)

)
its
)

the year
collected

2011-12,

NALSAR

Rs.8000/- per annum towards internet fee, and
Rs.5000/
per annum towards electricity charges, from each of
undergraduate and post graduate students.
Since erratic power
supply adversely affects

the

students

academic

)

preparation, NALSAR should examine whether a system,

of

)

the

generator being

on during power
introduced.

automatically switched
cuts,
Till then

can be
the

 )

attenderjguard should be asked to forthwith switch on

the
Complaints, either oral

)

genera
tor.

from in
be

stude
nts
promptitude.

)

)

)

this

attended

or

regard
with

written,
should

 )
136

)
}
)

(f)

)

SPORTS & EXTRA - CURRICULAR ACTIVITIES

Very little encouragement is given to sports or

sports

)
)

)

related activities at NALSAR.

This

committee

was informed that neither does NALSAR have a
sports festival of its own,
nor does it encourage students lo participate in
inter
varsity sports meets.

We are al so informed that

the

)

recreation room in NALSAR, though buil t as a
venue for extra-curricular
kept

)

activities,

is

not

open regularly.

Students have complained that permission, to use

the
)

recreational facilities, can only be granted by the

Vice

)

Chancellor resulting in students not being able to u
se
musical instruments in the recrea tional

room

or

have

)
)

)

dance practices etc

as sanction is gi ven by

the Vice Chancellor only on specific occasions.
The activities of the
cultural committee, including organizing dance and
music
evenings, is said to be limited to one every semester of

four

)

year

months duration.

The fee structure for the first

 B.A.,LL.B (Hons} course, for the year 2011-12,
includes
)

Rs.1000/- per annum towards students welfare
fund; and Rs.3000/- per
games

and

sports.

annum

Similar

towards

amounts

are

collected from undergraduate students in the II
to

V years, and from LL.M. students

However the amount spen t on
games for

the

also.

spor ts and

years 2008-09 was

merely

Rs.1,02,655/ -, for the year 2009-10 it was
Rs.1,15,205/-,
I

)

)

)
)

)
)
)

and
was

for

the

year

2010-11

it

 )
137

1

Rs.58,966/-.

Amounts collected towards sports and games

have been diverted for other purposes, and the complaint
of students of lack of facilities in this regard is justified.
The stadium at NALSAR is not fit for playing games.
The field needs to be leveled, and a grass cover needs to be
laid. We are informed that the girls hostel gymnasium

)

equipmen t does not work, the electronic treadmill and the
exercise cycle have not been repaired and can be run only

)

manually. Immediate steps should be taken to have these

)

machines

)
)

)
)

)

repaired.

maintenance

of

Proper and

these

timely

equipment m ust

servicing
be

and

ensured.

NALSAR should have a tie-up with any one of the several
reputed gyms in the city, and arrangements should be
made to have a male/ female trainer go over to NALSAR
campus to train students twice a week. There must be
dedicated time for co-curricular activities within the daily
schedule of activities.

If such activi ties a re undertaken

outside the campus, transport support should be provided.

)
(g)

)
I

COUNSELLING

A counselling cell, manned by qualified personnel, is
said to have been promised to the
un timely

demise of Sri Rami

2010 batch, who

students after the

Reddy , a studen t of the

committed suicide.

There must be a

student
counsellor on the campus to address issues of student

)

 )
138

distress, and problems of adj ustment be it academic or
other inter-personal difficulties.
(h)

OFFICIAL E-MAIL ADDRESS

Students have also sought an official NALSAR email
address for each student to enable them to correspond
with judges, lawyers, and other universities proving their
authenticity as a NALSAR student. Other Law schools in
the country, including NLS Bangalore, are said to have
I

')

provided such facilities. We see no reason why NALSAR
should not introduce something similar as Lhis can also be
used to communicate with students, inform them of their

)

)
)
)
)
)

)

}

examination results etc.

 )

13
9

)

")
·---_)

CHAPTER VII SUGGESTIONS AND

')

RECOMMENDATIONS

)
)

)
)

)
)

A. ADMINISTRATION AND GOVERNANCE STRUCTURE

Having

to our notice,

and adverting thereto, we are

view that the
serve
1)

in

following

Decisions

the

of

all

Planning

the

statutory

Executive Council, the
Finance

Committee

2)

Board should be brought to the

The services of an expert body, like ASCI. may
be hired for studying the
recommend an effective

)

present set

and efficient

3)

and

regulations,

meticulously adhered to by all the
highly

)

officers of NALSAR may be, and

any

)

them should viewed

)

)

)

model

and
of

Administration and Governance as introduced

authorities of NALSAR, however

)

up,

administration and management for NALSAR.

by statutes

)

and

notice of the General Council in its next meeting.

)

)

would

taking corrective measures:

Academic Council, the

)

)

the

of the

suggestions

committees, namely, the

()

')

anxious consideration to

facts, mismanagement and mishandling which has come

)

)

bestowed our

made accountable.

seriously and

must

be

officers

or

placed the
deviation by

the guilty

be

 )

140

)
4)

Decentralization of power and authority in the
office of the Vice-Chancellor is necessary to prevent
and check wide spread misuse. The Vice Chancellor
should keep the Chancellor informed of all important
matters

concerning

the

administration

and

govemance of NALSAR. Prior written permission of
the Chancellor must be obtained before the Vice

')

Chancellor of NALSAR undertakes foreign trips.
)

5)

/

"on duty" leave, should be with the prior permission of

)

the Chancellor. Necessary statutes/regulations must
be made in this regard.

)
)

Leave availed by the Vice-Chancellor, including

6)

Expenditure limits, even for the Vice-Chancellor,
must be

)

put

in

place

which

may

be

reviewed

periodically.

,)

)

7)

The functions of the Registrar have increased
multi-fold necessitating a full time professional being

)

appointed to the said post. It would be inappropriate
to continue to burden the faculty with the onerous
duties attached to the office of the Registrar. An
outside professional may be taken as the Registrar,
NALSAR.
8)

The Registrar of the University should monitor
proper maintenance, and should personally inspect at
least once a month. Repairs of buildings, including

)

)

 )

141

class rooms, hostels etc., if any, should be carried out

')

)

with promptitude.
9)

Attendance register should be maintained for the
faculty of NALSAR and, similarly, Leave records must
be properly maintained and a system introduced to

)

ensure that prior leave is obtained for absence from

)

duty.

)

10)

Proper records of all fixed assets, furniture
and fixtures, and other articles owned by the
University
should be maintained by the Registrar which should

}

be periodically checked at the end of each academic

)

year.

)
)

11)

should be made available to each student at the
commencement of each

)

academic year

to enforce

compliance of the rules, and to hold the students

)
)

A hand book containing consolidated set of rules

accountable for violation thereof.
12)

)

A

committee,

consisting

of

senior

faculty

members, should be constituted to interact with
students, take note of their grievances, and to take

J

appropriate measures to redress them.
13)
)
)

)
)

)

In order

to maintain academic excellence, in

NALSAR, involvement of the permanent faculty in
distance education courses or in other collaboration

 I

)
142

)

)
courses with outside bodies should be avoided as far

)

as possible.

! )

)

14)

Education courses, instead of utilizing the services of
the existing faculty.

)
15)

16)

)
)
)

Systems should be introduced not only to provide
fool proof security of the examination paper, but also
to ensure that there is no leakage of question papers.

)

)

NALSAR

campus.

)

)

Distance Education programmes conducted by
NALSAR PRO should be shifted to the

)
)

a separate

division of Distance Education to handle Distance

)

)

NALSAR should consider having

B.ACADENUCISSUES
1)

Organising the Academic Branch of NALSAR into
different departments - each to be headed by a Senior
Professor - would ensure improvement in academic
quality.

Even

History,

Political Science and Sociology -

socio-legal subjects -

English,
can be

brought under one department. To ensure academic
equality, the faculty must be available on the campus
on all working days.
for

extension

Diverting their talent and time

activities

of

NALSAR,

including

proximate education contact courses and off-campus
)

)

initiatives, would dilute academic quality.

 )

143

)
)

')

Faculty meetings should be, mandatorily, held

2)

)

once in a month to discuss various academic and
other related issues concerning NALSAR. The faculty
should also be informed in writing, in advance, of any
proposed Executive Council and

General Council

meeting, so that non-EC and non-GC faculty members
can represent their views on any of the issues in the
agenda,

by

sending

their

representations

which

should be placed in the respective meetings.

)

3)

)

There is an urgent need to improve the quality of
the faculty of NALSAR. In the case of appointment on
contract basis assessment, of three years performance

)

of the new recruits, by senior faculty of NALSAR and

()

students may be taken into consideration and, if

)

found unfit, they shall not be appointed on regular
basis.

8
)
)
)
)

)

)

)
,)
)
)

)

It is essential that experts in different subjects

4)

are recruited as members of the faculty to teach
subjects

in

which

they

have

expertise.

Their

assistance can be taken for other courses, if such a
need

should arise. It is, however,

essential that

students of NALSAR are taught by experts in the field.

 )

144

)
)

')

5)

A

Committee

within and

of

Academicians/Jurists

from

outside NALSAR. constituted by

the

Chancellor, should be entrusted with selection of the
faculty.

6)

NALSAR Alumni, who have completed their LL.M
in reputed institutions in India and abroad, may be
made eligible to apply for the faculty.

)

l

7)

Adhoc/ contractual appointments should only be
made

)

for

a

limited

duration.

Contractual

appointments must, as far as possible, be confined to

}

retired professors,

who

are

invited

as

visiting

professors of NALSAR, as they cannot be appointed on

)

a permanent basis in view of the UGC Rules.

)
)

8)

Systems must be put in place to ensure that the
faculty constantly upgrade their quality of teaching.

)

and senior faculty members act as mentorsI advisers
to those newly recruited by a process of continuing

)

education. Exchange programmes, or programmes of a

)

similar nature, can be thought of as an option for
providing continuous education to the faculty.
9)

Necessary arrangements
promoting

)

)
)

\

)

and

should be made for

rewarding research

efforts.

The

 )

145

activities of the

several centres, established at

NALSAR, must be reactivated.
10)

Projects given by outside agencies to NALSAR
should invariably be preceded by a circular, issued to
the faculty, calling for expression of interest from such
of them who have specialized in the subject of the
project. Students, interested in research, may also be
involved in the execution of such research projects.

11)

The Vice-Chancellor and

the

Registrar should

not, except for an honorary role, be a part of the
project or be paid any honorarium or other fees in
relation

thereto

exclusively in

unless

the

project

their capacity as

is

brought

a subject expert.

Financial assistance, either in the form of research
associateship or by way of reduction in fees or

)

scholarships, can be extended to such students who

)

are selected for a research project enabling them to
reduce their financial burden.

)
)

12)

The course curriculum, as designed, must be
reviewed

periodically each year

in

the

concerned

department with the assistance, if need be, of an
outside subject expert. The entire faculty of NALSAR
must also be involved in such an exercise. Curriculum
and performance review, in which feed back from both

)

)
)

 146

the faculty and the students is called for, should be
introduced.

-)

13)

The examination papers must be so devised as to
test the knowledge of a student in the subject, and not

)

merely his ability to memorize or rote.

)

')

14)

evaluation of project reports and

)

such students who apply, on payment of charges.
15)

Academic committees should be constituted, and
Regulations should be made for appointment of the

)

members of the faculty to these internal University

)

committees. A rotation policy, whereby all faculty
members serve on all committees, should be put in

)

)

answer scripts.

Copies of answer scripts should be made available, to

)
)

Transparent procedures must be put in place for

place.
16)

It should also be ensured that no individual is

retained in

)

any committee for more than two

years continuously.

)
17)

A system of evaluation of faculty by the students
of NALSAR, the format in which such feed back may
be obtained etc should be introduced.
evaluation of faculty must be placed

)
)

)

)

Student

before

the

 147

Academic Council, the Executive Council and the
General Council.

C)
')

18)

introducing two sections of 50 students each, from the
next year starting with the first year under-graduate

)

law course.

)
)

Since the ideal strength of a class room is
between 40 to 50 students, NALSAR should consider

19)

Introduction of a tutorial system where students,
in

()

small groups of around ten, interact with the

faculty can also be introduced in the

)

afternoon

session.

)
20)
()

Division of courses into mandatory and optional
courses; and introducing single credit, no credit and

)

inter-disciplinary courses; should also be examined.
21)

Five percent marks, presently being given for
attendance, should be dispensed with as it has not
been

)

Instead, a minimum

attendance requirement of 75% should be made

)
)

found to be effective.

compulsory.
22)

Rules must be framed to curtail plagiarism in the
field of research and preparation of project reports by

)

)

)
)

)

students.

 148
)

..
)

)

)

·;

23)

NALSAR should also consider introduction of
foreign languages as optional courses.

C. FINANCIAL MANAGEMENT

l)

Systems are required to be introduced to ensure
that the

)

financial resources

of NALSAR are

not

wasted, and frivolous and unnecessary expenditure is

)

avoided. An efficient and effective accounting system,

)

with all accounts books such as cash book. bank

)

book, general ledgers etc.. being properly maintained,
must be designed and implemented.

)

.)

2)

Voucher information, and approval of payments,
must be streamlined.

3)

Bank reconciliation statements must be prepared

')

)

)

each quarter.
4)

An internal audit system must be introduced.

5)

Proper accounting systems, including structured

)
)

periodical financial

data

reporting, must

be

established.

)

6)

An effective control system, both for maintenance

of accounts and

to control expenditure, must be

introduced. Accepted accounting procedures must be
adhered to.

)
)

)

 -)
149

)
)
)

7)

The existing auditors, who have continued from
the inception of NALSAR, should be changed.

)

)

8)

As stipulated under Section 15(4) of the Act, the

Finance Committee should meet at least thrice a year,

)

if not more frequently, and should examine upto date

)

financial information which must be furnished well in

)

advance of the meeting.

')

9)

ensure that the award of contracts by NALSAR is only

)

by an open tender process, and not by nomination or

)

by limited tender, and for that purpose a Committee
be constituted, to accept the tender, to oversee high

)

quality of construction, and timely execution of the

)

work awarded. The committee must

also include a

nominee of both the Chancellor and the

)

Finance

Secretary of the State Government.

)
)

Statutes/Regulations must be so framed as to

10)

Measurement books of constructions must be
maintained for the works executed, which should be
promptly signed by the contractor and the officer of
NALSAR, and these books must be subjected to audit.

11)

Payments made

to

the

contractor and

consultants, for execution of the works,

the

must be

recorded and should also be made available for audit.

)

)
)

)

 )
150

12)

Bills

of contractors must be processed, and

payment made, only after thorough verification of the
works executed by them and as recorded in M.B.
Separate Registers should be maintained for fixed

13)

deposits, fixed assets, investments and recoverable
advances. Purchase
)

Register of

files,

consumables should also be maintained

)

and kept upto

)

must be made available

Accountant

Utilization of endowment funds must also be

14)

subjected to verification by the auditors to ensure
that the

()

purposes for which such endowments have

been created, or

)

")

for verification by the

General.

)

)

date. All these Registers and files

auditors-statutory or internal, or the

-)
)

Stock Registers and

funds donated, have been adhered

to.
15)

Strict

control must

be

exercised

over

the

expenditure incurred -both capital and revenue.

)

16)

)

Statutes/regulations must be made fixing the
expenditure limits of all officers of the University
including the Vice-Chancellor.

17)

)
)
)
)

)

)
_)

)

Copies

of the internal audit report, and

the

Accountant General Report, must also be placed
before the Finance Committee, the Executive Council

 ")

151

)

)
and the General Council for their information and

)

corrective action.

)

0

18)

Detailed records of expenditure incurred for each
project should be maintained, and the honorarium
and other fees paid to the co-ordinator of the project
must be reflected in the schedules to the Balance

-)

sheet of NALSAR each year.

)

)

19)

remaining after incurring project expenditure, must be

)

identified and informed in writing before the project is
undertaken.

)
)

20)

associated with the project, must also be intimated to
the concerned Ministry/Sponsor of the project.

0
21)

)

regarding

)
)

)

)
)

)

distribution

consultation/research

)

)

As recorded in the resolution of the Executive
Council, in its meeting held on 08.03.2008, the issue

)

)

Details of the honorarium paid, and the project
surplus paid to each faculty member of NALSAR

.)

!)

Persons, who are entitled to receive the surplus

of

amounts

programmes

received

I

in

training

programmes must be reviewed.
22)

Strict control must be exercised regarding foreign
travel of officers and faculty of the University,
including the Vice-Chancellor and

the expenditure

 152

incurred by NALSAR for foreign travel and stay must
be specifically placed before the General Council.
23)

Amounts incurred by NALSAR for private foreign
trips of the Vice-Chancellor and other officers/faculty
of the University, and amounts taken as advance and
not accounted for, should be recovered.

24)

As stipulated, in the

Leave Regulations, prior

sanction of the Executive Council must be obtained

')

for the period of foreign travel of officers of the

)

University, including the Vice-Chancellor. It is only

.)

on sanction being accorded can the period of absence
be treated as "duty leave".

)
25)

Frivolous and needless expenditure, particularly
by way of advertisements in periodicals, journals and

)

)
)

)
)

magazines, should be curbed.
26)

Regulations must

be

made, and

accounting

systems introduced, to ensure that the expenditure
incurred towards advances, taken by officers of the
University/faculty,

is

accounted for within three

months from the date on which the advance is taken.
If information, regarding such expenditure, is not

J

furnished within the time stipulated, the amount paid
as advance must be recovered from the concerned

)

)
)

)

)

)

officer /faculty.

 153

27)

Each faculty member must be required not only
to declare his and his dependants assets, but should
also

be asked to furnish information regarding the

remuneration (in whatever form) he receives for the
distance education and other courses.
28)

Information regarding honorarium/fees received
by the faculty of NALSAR from other institutions such
as the Indian School of Business, the Administrative

)

Staff College of India etc., must be furnished to the

)

NALSAR management, and a copy of such intimation
must be kept in the personal file of the officer /faculty.

()

)

29)

thought of; MoUs with non-government, non-statutory

0

bodies/ universities should be

discouraged, and

NALSAR must examine the feasibility of offering such

)

courses on its own.

0
)

Introduction of new courses should be well

30)

Necessary care and caution must be exercised by
NALSAR while entering into collaboration agreements

)

with other organizations and, in any event, no MOU

)

should be entered without the prior permission of the
Academic Council.

\

.J
)

)
)

)
)
/

J
_)

)

31)

Where MOUs are entered with other statutory
bodies/universities, NALSAR should ensure that the
terms and conditions of such MoUs are uniform,

 -)
154

)
)
transparent and are subject to its overall control. The

')

books of accounts for such joint courses must be

)

periodically examined by the accounts staff of NALSAR
or by a Chartered Accountant of its choice.

)

32)

of Applied Aviation Management.

)

)

33)

distance education courses, and

of efficiently running the five year under-graduate
course in law is not diluted.

J
34)

0

While NALSAR can award a postgraduate degree,
IIRM by itself cannot. Showing its name in the Degree
Certificate, much less prominently, would be improper
and this must be corrected at the earliest.

)
35)

As

NALSAR was

established to achieve the

objects specified in Section 4 of the NALSAR Act, it

)

cannot venture into areas or teach subjects other than

)

law and,

)

ultravires the NALSAR Act.

)

such

of NALSAR, it must be ensured that its primary focus

)

)

While

similar collaborative exercises, may add to the revenue

)

)

NALSAR should review its MoU with the Institute

36)

the MBLA course offered by it would be

Incurring

of

wasteful

expenditure

during

convocation must be avoided. Steps should be taken
)

)
)
)

)
)

)
_)

to reduce expenditure incurred each year in erection
of shamiyanas, decoration, providing lunch on the day

 )
)

155

)
)
of the convocation etc. NALSAR should identifY other

)

contractors who would undertake such tasks at lesser

)

:)

rates.

37)

()

judge

38)

_.;

Court in

the

purchase

Necessary steps must be taken to ensure that
auditorium is completed at

the agreement.
39)

The possibility of marginal increase in the tuition
fees

on the

considered.

lines

of other law schools, may

students, including those from the schedule castes,
schedule

,)

incentives, such

:J

research associateship, can also be thought of.

)

be

Nonetheless, reduction of fees for needy

0

)

the

earliest. if need be by invoking the penalty clause in

)

)

High

construction of the

0

)

the

by, should be revived.

)

)

of

committee of NALSAR, which was later given a go

)

I

The earlier practice of having a sitting/retired

tribes,

backward classes,

and

socially

should
as

be

and

educationally

examined.

Other

awarding scholarships and

D. LIBRARY

The system prevalent in other law schools regarding
the timings of the Library should be studied, and a similar

)

)

)

)

_)

system introduced by NALSAR also.

 :)
)

156

)
)
)

)

E. STUDENT WELFARE/GRIEVANCES

1)

the end of the undergraduate course, should be made

:-)

only through NALSAR, in consultation with

)

)

2)

where students can do their, in between Semester,
intership.
3)

routed through

NALSAR administration, and

not

directly addressed to the Students Bar Council.
4)

A senior faculty member should be asked to
discharge the functions of a placement officer, and

0

such office must be held by all senior faculty members
on rotation.

)
)

Requests from law firms, companies and other
organizations to conduct campus interviews must be

)

0
0

Necessary steps should be taken to identifY
reputed lawyers, both within the State and outside,

)

)

the

Students Bar Council.

)

0

Placements, both in between semesters and at

5)

A transparent and fair procedure for selection of
candidates for participation in moot courts must be

\

.I

prescribed and adhered to.

\

I

)

)

)
)
)

)

6)

Involvement of a nominee of the Chancellor, in
the selection committee, would ensure that merit, and

 )

157

)

)
no

')

other

consideration,

weigh

in

selection

of

candidates to participate in moot courts.

) .

0

7)

venom serum, must be stocked at the University

:)
}

health centre.
8)

nearby,

for

setting

up

an

emergency response system should be considered.

)
9)

The ambulance must be well equipped, and kept
ready for use in an emergency.

)
)

The feasibility of a tie-up, with any of the superspeciality hospitals

)

0

Adequate stock of medicines, including anti-

10)

A first aid training course, in basic first aid and
health care, must be made compulsory for each

0

student.

Establishing an infirmary for students,

during outbreak of contagious diseases, can also be
examined.

)

)
)

11)

address issues relating to students distress, and other
adjustment problems faced by them.

)
)

12)

)
)

)

)

)

J

\)

The foot ball ground should be leveled, and a
grass cover laid for students to play thereat.

)

)

A professional Counsellor should be appointed to

13)

The

equipment in

the

gymnasium must

be

repaired, and properly maintained. Hiring the services

 ---)

158

')

n

of a trainer, to train students to use these equipment,
twice a week should also be considered.

0
)

14)

switched on

switched on during power cuts.
15)

J

All students of NALSAR should be given
other law schools in the country.

16)

)

()

0
)
)

)

)

)

)

)

)

)

an

official E-mail address as is said to be provided for in

0

()

NALSAR authorities should

be introduced whereby the generator is automatically

n

0

promptly.

examine whether an automatic switching system can

f)

)

In case of power cuts, the generator must be

NALSAR should ascertain whether a dress code is
being

implemented in

other National Law Schools.

Proper dress code should be insisted upon at least on
formal occasions.

 ,.-)

!59

n
()
CHAPATER VIII

n

CONCLUSION

I)

While enquiring into the administration and finances of

0

NALSAR, and in inspecting its buildings, libraries, examination,

()

teaching and other works done by the University, our endeavour
has been

to focus

on the establishment of systems in the

Administration and governance of NALSAR, on systematic steps to
be taken for its academic improvement. and
proof accounting system in

0
0
0

place

to ensure that all actions

taken in these and other areas are
systems, and

not

NALSAR could

to have a fool

uided by the prescribed

on individual whims and fancies so that

maintain itself

as an acknowledged centre of

excellence and higher learning. We hope that. if corrective steps
are taken to rectifY the deficiencies pointed out in our report,

0

and sincere and wholehearted efforts are made in improving its

0

academic standards,

0
)

0
J

NALSAR would

be

able

to

achieve

excellence both academically as well as administratively.
The

primary focus

of NALSAR should be to create a

conducive academic environment, a

fair

and

impartial

administrative structure so as to motivate bright and intelligent
young boys and girls, who pass out from NALSAR, to join the
legal profession.

The impact of the present focus appears to

have resulted in catering to the needs of the corporate sector,

)

)

)
)

,-)

which needs are-look. A course correction and a shift of focus is
not only required to achieve the objects of the University
under Section 4(ix) of the Act i.e., "to promote legal awareness in

 )

160

the community for achieving social and economic justice", but

I)

also

0

independent judiciary. It is only if talented, intelligent and

n
0
)
)

C)
)

to

eventually lay

the

foundation for

a strong and

bright youngsters specifically trained for that purpose join the
legal profession, and later adom the Bench, will it contribute to
enhancing the

prestige of the

judiciary and

inspire greater

confidence in public. Dilution in educational standards would
not only defeat this objective but would also result in NALSAR
falling from its present position of eminence among all the
National Law Schools in the country.
Students, with whom we interacted, informed us that the
high salaries offered by the prospective employers is one of the
main reasons for their seeking employment in law firms, and in
joining the

corporate sector, on completion of their five year

undergraduate B.A.,LL.B. (Hons) course.
needy and

the socially and

Scholarships to the

educationally backward sections

among the students would reduce their financial burden during
studies, but may

not

go a long way in motivating these

youngsters to take up the legal profession. At the time of
placement of students, who have an inclination to join the legal
profession, care must be taken to ensure that they get proper
inspiration and financial support from the Senior Counsel with
whom they are placed.
)

In our opinion the suggestions proposed by us in this
report would limit the scope of mal-administration but would
)

also check improper use and utilization of funds of NALSAR.

)

)
)

_)
)

)

0

()

 0

161

n
I)
......

)

Regular monitoring by
corrective measures,

the

would

Academic council,
help

and

timely

NALSAR attain academic

excellence which is, indeed, the main objective of establishing
this University.

()
)
)
\

()
)
)

()

/

)

)

)