Delhi High Court Sets Aside Appointment Of Prof. Mazhar Asif As Acting Chairperson Of JNU's Centre Of Spanish & Latin American Studies

The Delhi High Court has set aside the appointment of Professor Mazhar Asif as the Acting Chairperson of Centre of Spanish, Portuguese, Italian and Latin American Studies in the Jawaharlal Nehru University.

Justice V Kameswar Rao disposed of the petition filed by Rajiv Saxena, a Professor at the Centre, assailing decision of the JNU wherein it had concluded that no professor at the Centre is eligible to be it's Chairperson. 

"This Court is conscious of the fact that a Centre cannot be without a Chairperson who supervises its activities, but the appointment of respondent No. 2 cannot be justified. I have seen the prayers made by the petitioner in the writ petition," the Court said.

It added: 

"He has primarily challenged the appointment of the respondent No.2 being violative of the Act of 1966 and Statutes framed thereunder. He has not sought any prayer in the writ petition for his appointment / continuance as Chairman of the Centre. In fact, his prayer is that a Chairperson of CSPILAS be made strictly in accordance with the Statutes 18(2)(c) (I) of the Act of 1966."

Placing reliance on the Jawaharlal Nehru University Act, the petitioner contended that Statute 18(2)(c)(I) stipulates that each Centre/Department is required to have a Chairperson and the Chairperson is required to be appointed by the Executive Council from amongst the Professors / Senior Fellows within the Centre itself.

The Petitioner's counsel added the statute does not confer any discretion on the University to act otherwise the Rules prescribed and that the only discretion lies with the University is that if there is only one Professor in the Centre, then an Associate Professor may also be appointed.

On the importance of appointing professors as Chairperson of the Centre, the petitioner argued that it entails a host of administrative and academic duties which include maintenance of academic standards and conducting teaching, research and examination in the Centre which makes professors the most suitable.

"There cannot be any dispute that the Jawaharlal Nehru University has been established under the Act of 1966 and is governed by the Statutes and Ordinances which are statutory in nature. It is the Statute 18 of the Statutes which governs the appointment of the Chairperson of all the Centres under the School including CSPILAS," the Court said.

In view of the aforesaid, it was observed that appointment of Professor Asif as the Chairperson of CSPILAS is not in conformity with the Statute, as he is Chairperson of Centre for Persian Studies.

"The action of the University appointing respondent No.2 as Chairperson of CSPILAS shall mean, that a Professor in any Centre can be appointed as Chairperson of any other Centre. The same is impermissible," the Court said.

Accordingly, the petition was disposed of.

Case Title: PROF. RAJIV SAXENA v. JAWAHARLAL NEHRU UNIVERSITY & ANR.

Click Here To Read Order