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ABHAY S. OKA, PANKAJ MITHAL
Meher Fatima Hussain – Appellant
Versus
Jamia Milia Islamia – Respondent
JUDGMENT
ABHAY S. OKA, J.
1. Leave granted.
2. By the impugned judgment dated 11th April 2023, Letters Patent Appeals preferred by the appellants herein were dismissed.
FACTUAL ASPECTS
CASE OF SABIHA HUSSAIN
3. A few factual details must be stated to appreciate the controversy. The appellant (Sabiha Hussain), in a Civil Appeal arising out of Special Leave Petition (C) No. 8416 of 2023, was initially appointed as a Reader on probation on an ad-hoc basis by Jamia Milia Islamia, a University constituted under an Act of Parliament (for short, ‘the University’). The 1st and 2nd respondents represent the University. On 6th August 2008, she was appointed to a sanctioned post of Reader in the programme for the Study of Social Exclusion and Inclusive Policy in Dr. K.R. Narayanan Centre for Dalit and Minority Studies. The appointment was made pursuant to the advertisement dated 1st May 2008. According to the appellant's case, her appointment was made through a properly constituted Selection Committee. The said appellant was later appointed as an Associate Professor. She was appointed a professor under the Career Advancement Schemes of 2010 of the University Grants Commission (for short, ‘UGC’), ef
Removal from service – A person appointed after undergoing a regular selection process and possessing relevant qualifications, cannot be abruptly removed from service.
Regular appointments have to be made in accordance with the rules and by giving wide publicity, considering all eligible candidates.
(1) Appointment – It is open for employee to challenge conditions if it is not being in conformity with statutory requirement under law and he is not estopped from questioning at a stage where he fin....
The main legal point established is the requirement of adherence to the principles of natural justice, including providing an opportunity of hearing, in termination proceedings, and the applicability....
Point of law; It is clearly clarified in this judgment also in line with the earlier judgments also that unless and until the original appointment is a “regular recruitment” in accordance with “the r....
Appointments made with proper oversight and approval cannot be deemed illegal solely due to procedural irregularities, especially when no disciplinary actions have been taken against the appointees.
Termination of educators requires adherence to procedural rules and natural justice; significant delays in actions against previously appointed individuals are not permissible without substantial mis....
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