Delhi HC Issues Notice On Plea Against Appointment Of Dr. Shahid Akhter As Member Of Nat'l Commission For Minority Educational Institutions

The Delhi High Court has issued notice on a plea challenging the appointment of Dr. Shahid Akhter, who was appointed as a Professor at the Centre for Management Studies, Jamia Millia Islamia in the year 2019, as one of the members of National Commission For Minority Educational Institutions.

Justice V Kameswar Rao sought the response of the Union of India, Jamia Millia Islamia, National Commission for Minority Educational Institutions and Dr. Shahid Akhter while granting six weeks time for filing counter affidavit in the matter. Further two weeks time has been granted for filing rejoinder.

The petition has been filed by one Zarmina Israr Khan, a Ph.D. scholar in African Studies, at the Jawaharlal Nehru University, Delhi.

Dr. Amit George along with Advocate Iram Peerzada appeared for the petitioner in the matter.

The plea filed challenges the appointment on the ground that first, there was no constitution of the Search Committee and second, there was no notification or advertisement issued for the post of Member.

Challenging the decision making process concerning the appointment, the plea states that appointment of Dr. Shahid Akhter as Member of the said Commission was not an informed process as no notification or advertisement for the post was issued by the Ministry of Education, thereby being in violation of Article 14 and 16 of the Constitution of India.

The plea avers that an appointment which is made without the issuance of an advertisement or notification suffers from lack of transparency and objectivity and, hence, becomes ultra vires Article 14 and 16 of the Constitution.

"…the entire process culminating into the impugned appointment of Dr. Shahid Akhter (Respondent No. 4) is a colorable exercise of power and in flagrant violation and total non-compliance of the statutory provisions contained in Clause – 3, 4 and 5 of the NCMEI Act, 2004 read with Article – 14 and 16 of the Constitution of India, 1950," the plea reads.

Dr. Shahid Akhter was appointed as a Professor through open Selection Committee on November 5, 2019 at the Centre for Management Studies, Jamia Millia Islamia. 

A Gazette notification was then issued on August 17 this year appointing Akhter as a Member of the NCMEI.

"It is undisputed that person to be appointed as a Member of the NCMEI must be a "person of eminence" and possess the required competence. Neither is such expertise, academic qualification, experience and stature of an individual who is proposed to be appointed to this esteemed office, is with Dr. Shahid Akhter (Respondent No. 4) nor is it in consonance with the constitutional scheme," the plea adds.

"List before Registrar for completion of service and pleadings on February 14," the Court ordered.

Case Title: ZARMINA ISRAR KHAN v. UNION OF INDIA & ORS.