Justice Gedela emphasized that Prof Hussain’s appointment did not comply with the statutes governing the university. “Since respondent no. 2 has not been appointed in terms of Statute, his continuation in the office of Vice Chancellor as the Officiating Vice Chancellor cannot be permitted further,” the Court stated.
New Delhi:(On May 22, 2024): The Delhi High Court quashed the appointment of Prof Eqbal Hussain as the officiating Vice-Chancellor (VC) of Jamia Millia Islamia (JMI). Justice Tushar Rao Gedela ruled that Hussain’s appointment as both pro-Vice-Chancellor and subsequently as officiating Vice-Chancellor was legally untenable.
READ ALSO: Karnataka High Court Nullifies Appointment of University of Mysore’s Vice-Chancellor
Justice Gedela emphasized that Prof Hussain’s appointment did not comply with the statutes governing the university.
“Since respondent no. 2 has not been appointed in terms of Statute, his continuation in the office of Vice Chancellor as the Officiating Vice Chancellor cannot be permitted further,” the Court stated. This ruling came in response to two petitions which argued that Hussain’s appointment was in “flagrant violation and total non-compliance” with the Jamia Millia Islamia Act.
The Court directed the Visitor of the University to immediately appoint an eligible person as the officiating Vice-Chancellor under the powers conferred by the Jamia Millia Islamia Act. The new appointment must be made within one week of the court order. Additionally, the process for selecting a permanent Vice-Chancellor must commence within two weeks and be completed within 30 days thereafter.
READ ALSO: Supreme Court Intervenes in West Bengal’s Vice-Chancellor Appointments Dispute
The Court concluded that Hussain’s appointment was unequivocally incorrect.
“It is to be kept in mind that the fact that the erstwhile VC [Vice Chancellor] was going to demit office due to expiry of her tenure by efflux of time was known to all and sundry. No explanation as to why steps in the ordinary course under Statute 2 of the Statutes of the University were not initiated well in time, has been placed on record.”
“The University in such situation was not powerless to appoint the senior most Professor as Officiating VC in terms of proviso to Clause (6) of Statute 2.”
“This Court is aware of the fact that the post of VC cannot be kept vacant having regard to the importance of the said post, both administratively and academically as well as for exercise of emergent powers, however, the appointments to such post have to be sacrosanct and above board.”
Senior Advocate Jayant Mehta, along with Advocates Ankit Jain, Shailesh Tiwari, Aditya Tyagi, Tanisha Gopal, and Nikita Sethi, represented the petitioners. Jamia Millia Islamia was represented by Senior Advocate Sanjoy Ghose, along with Advocates Shoaib Khan, Fahim Khan, and Advait Ghosh.
The Union of India’s representation included Central Government Standing Counsel Monika Arora and Advocates Subhrodeep Saha, Jyoti Tiwari, and Radhika K. Advocates Dr. Amit George, Mobashshir Sarwar, and Adhishwar Sur appeared for the Visitor’s nominees, while Advocates Apoorv Kurup and Gauri Goburdhun represented the University Grants Commission. Advocate Ankur Chibber defended Prof Eqbal Hussain.
READ ALSO: ‘3-Universities Without VCs’: HC Expresses Concern and Anguish
This decision marks a pivotal moment for Jamia Millia Islamia, highlighting the necessity for adherence to statutory guidelines in administrative appointments. The Court’s directive ensures that future appointments are made with due diligence, reinforcing the integrity of the institution’s governance.
Case Title: MD Shani Ahmad Ansari & Anr v Jamia Millia Islamia & Ors
