Dissolution Of Jamia Teachers Association: Delhi High Court Asks Teachers' Delegation To Meet VC For Resolution

Hearing a plea challenging the dissolution of Jamia Teachers Association, the Delhi High Court on Wednesday said a delegation of teachers can meet the Jamia Millia Islamia Vice Chancellor for resolving the issues.

Justice Prathiba M Singh issued notice on the plea moved by Dr. Amir Azam, the former President of the Jamia Teachers Association, against various office orders dissolving the Executive Committee of the association. Azam was earlier a Professor in Jamia's Department of Chemistry

The court sought a response from the Jamia Millia Islamia University and also directed it to place on record a copy of the report of a six member committee constituted for examining the shortcomings of the association's Constitution.

"This shall be without prejudice to the contention of senior counsel appearing for the petitioner, that such a committee cannot in any manner question the existence of an association of teachers which is a fundamental right under the constitution of India," the court said.

Justice Singh listed the matter for hearing on February 14, 2023, adding that the issues raised in the case shall be gone into on the said date.

"In the meantime, if the delegation of teachers wish to meet the Vice Chancellor of the University in order to resolve the issues, let a meeting be conducted in the VC's office at the university on December 20 at 11:30 AM," the court said.

Senior Advocate Kapil Sibal along with Advocate Abhik Chimni appeared for Azam in the matter.

During the hearing, Sibal submitted that the Jamia Teachers Association functions independently of the University. However, the said position was disputed by the counsel appearing for the University who submitted that as per the constitution of the association, it was established in accordance with the Act of the University.

The court noted that the questions which arise in the matter are as to whether Azam can maintain the plea as he is no longer working in the University and if the association can function independently.

In the plea moved through Advocates Ch. Animes Prusty and Mukul Kulhar, it has been stated that since the teachers association is an autonomous body, it can only be dissolved in the manner prescribed in its constitution and not otherwise.

"Therefore, the act of the Vice-Chancellor to dissolve the JTA and derail the election process on the recommendations of the Deans of Faculties….. is illegal and arbitrary," the plea states.

The plea also argues that the University has no power to interfere in the manner the association functions and thus, the act of constituting a committee to look into its constitution's shortcomings is completely arbitrary.

Title: DR. AMIR AZAM v. JAMIA MILLIA ISLAMIA