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2021 Supreme(Del) 210

V.KAMESWAR RAO
M. Ehtesham-Ul-Haque – Appellant
Versus
UOI – Respondent


Advocate Appeared:
For the Appellant :Akhil Sibal, Sr. Advocate, Abhik Chimni, Mobashshir Sarwar, Nitya Gupta, Sonali Malik, Lakshay Garg, Advocates.
For the Respondents:Chetan Sharma, ASG, Kirtiman Singh, CGSC, Amit Gupta, Vinay Yadav, Akshay Gadeock, Sahaj Garg, R.V. Prabhat, Waize Ali Noor, Rohan Anand, Vikramjit Banerjee, ASG, Fuzail Ayyubi, Standing Counsel, Pritish Sabharwal, Shruti Agarwal, Tanvi, Ibad Mushtaq, Akanksha Rai, Ravinder Aggarwal, Girish Pande, Apoorv Kurup, Nidhi Mittal, Advocates.

JUDGMENT :

1. The present petition has been filed with the following prayers:

“In light of the abovementioned circumstances, it is most humbly and respectfully prayed that this Hon'ble Court may be pleased to:

A. Calling the official record from Respondent No. 1 pertaining to the impugned appointment of Dr. Najma Akhtar (Respondent No. 3) as the Vice Chancellor of the Respondent University including the denied Vigilance Clearance Certificate vide Office Memorandum bearing No. Conf.3657/12 dated 10.01.2019;

B. Issue an appropriate writ, order, direction and/or declaration in the nature of quo warranto declaring the appointment of Dr. Najma Akhtar (Respondent No. 3) in flagrant violation / contravention and total non-compliance of the statutory provisions and regulations of Statute 2(1) of the Jamia Millia Islamia Act, 1988 read with clause 7.3.0 of the UGC Regulations, 2010' as amended from time-to-time, as the Vice Chancellor of the Respondent University illegal, arbitrary, void ab initio and non est in law.

C. Pass such other or further order(s) and/or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

2. At the outset, I may state tha

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