Delhi High Court Quashes Jamia VC Appointments

The Delhi High Court invalidated the appointment of Prof. Eqbal Hussain as Pro Vice Chancellor and Officiating Vice Chancellor of Jamia Millia Islamia, citing non-compliance with statutory regulations. The court directed immediate fresh appointments to avoid any disruption in the university's operations.

The Delhi High Court on Wednesday quashed the appointment of Prof. Eqbal Hussain as the Pro Vice Chancellor and subsequently as Officiating Vice Chancellor of Jamia Millia Islamia, holding that the appointments were not made in conformity with the relevant statute.

Justice Tushar Rao Gedela, however, directed to ensure that the academic and administrative machinery of the university does not suffer or come to a complete halt, fresh appointment to the post of Officiating Vice Chancellor (VC) be made within one week.

The court also asked the 'Visitor', who is the President of India, to order initiation of the process of appointing a regular VC in the meantime.

''A writ of Quo Warranto is issued quashing the appointment of respondent no.2 (Hussain) at the first instance as Pro Vice Chancellor by Office Order dated 14.09.2023 and as Officiating Vice Chancellor by Office Order dated 12.11.2023. Since the respondent no. 2 has not been appointed in terms of the Statute, his continuation in the office of Vice Chancellor as the Officiating Vice Chancellor cannot be permitted further,'' ordered the court while dealing with petitions by Md. Shami Ahmad Ansari and others.

''The appointment of the VC (Officiating)/ Administrator (Temporary) shall be done within a period of 1 week from the date of receipt of the present 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,'' the court said.

On September 14, 2023, then VC Prof Najma Akhtar had appointed Hussain as the Pro VC of Jamia Millia Islamia (JMI). Subsequently, upon Akhtar's superannuation on November 12, 2023, another notification was issued by the Office of the Registrar about Hussain assuming the charge of Officiating VC.

The petitioners contended that both the appointments were in violation of the provisions of the Jamia Millia Islamia Act (JMI Act) and regulations issued by the UGC.

The court observed that as per the procedure provided in the laws governing JMI, Hussain's name, as a recommended candidate of then VC for Pro VC's post, ought to have been placed before the Executive Council for its approval prior to his appointment.

It added that in case of any disagreement, the matter had to be referred to the Visitor for either overriding the council's decision or remitting the case back to the VC for recommending a fresh name.

''It would yet again be the EC (Executive Council) which alone would have the jurisdiction to appoint the fresh incumbent, if the need so arises. Having regard to the above analysis and findings on facts, it is crystal clear that the mandate of Statute 4 of the Statutes of the University was not followed,'' it stated.

Having held that the initial appointment as Pro VC was contrary to and in violation of the statutes, the court concluded that the subsequent appointment of Hussain as officiating VC was also not legally valid.

The court said, no ''emergent situation'' had obtained at the time of Hussain's appointment as the officiating VC to show compliance with the statute as the fact that the erstwhile VC was going to demit office was known to all and sundry and the statute provides that the senior-most professor, who is one of the petitioners, can be appointed as the Officiating VC.

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