Delhi High Court Quashes Appointment Of Prof. Eqbal Hussain As Jamia Pro-Vice Chancellor

The Delhi High Court on Wednesday quashed the appointment of Prof. Eqbal Hussain as the Pro Vice Chancellor and consequently as the Officiating Vice Chancellor of Jamia Millia Islamia Office.

“Since the respondent no. 2 (Hussain) 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,” Justice Tushar Rao Gedela observed.

The court directed that the appointment of the VC (Officiating) or Administrator (Temporary) shall be done within a period of one week from the date of receipt of today's order.

“The initiation of appointment to the post of Vice Chancellor on regular basis shall commence not later than two weeks of the appointment of Vice Chancellor (Officiating)/ Administrator (Temporary) and be completed within 30 days thereafter,” it said.

The court allowed the plea challenging Hussain's appointment as the Pro Vice Chancellor and subsequently as Officiating VC on the ground of violation of the Statutes, Ordinances and provisions of the Jamia Milia Islamia Act.

The plea, a writ of quotation warranto, further argued that the appointment was contrary to the UGC Regulations, 2018.

Allowing the plea, the court said that in the extraordinary situation arose in the matter, the Visitor of the varsity must and shall exercise the powers to immediately appoint, on an officiating capacity, an eligible person as per the extant Statutes as VC (Officiating) or Administrator (Temporary).

“This would ensure that the academic and administrative machinery of the University does not suffer or come to a complete halt. The Visitor, may in the meanwhile, simultaneously, in exercise of the powers conferred by the Statute direct the initiation of process of appointment of a VC on regular basis,” the court said.

It added that there was no explanation as to why the Office Order appointing Hussain as the Pro Vice Chancellor was not placed before the Executive Council being the Appointing Authority for its approval and confirmation.

“Equally, no such emergent situation was shown at the time of passing of Office Order dated 12.11.2023 appointing respondent no.2 as the officiating VC. It is to be kept in mind that the fact that the erstwhile VC 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 court said.

Counsel for Petitioner: Mr. Jayant Mehta, Senior Advocate with Mr. Ankit Jain, Mr. Shailesh Tiwari, Mr. Aditya Tyagi and Ms. Tanisha Gopal, and Ms. Nikita Sethi, Advocates for Petitioner No.2

Counsel for Respondents: Mr. Sanjay Ghose, Sr. Advocate alongwith Mr. Shoaib Khan, Mr. Fahim Khan and Mr. Advait Ghosh, Advocates for R-1 & 3; Mr. Ankur Chhibber, Advocate for R-2; Ms. Monika Arora, CGSC alongwith Mr. Subhrodeep Saha, Ms. Jyoti Tiwari and Ms. Radhika K., Advocate for UOI/ R-4 & 7; Dr. Amit George, Mr. Mobashshir Sarwar and Mr. Adhishwar Suri, Advocates for R-5 & 6; Mr. Apoorv Kurup and Ms. Gauri Goburdhun, Advocates for UGC/R-8

Title: MD SHAMI AHMAD ANSARI & ANR v. JAMIA MILLIA ISLAMIA & ORS and other connected matters

Citation: 2024 LiveLaw (Del) 622

Click here to read order