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 that vide order dated January 27, 2020, initial respondent Nos.2, 7 to 9 were deleted and an amended memo of parties was filed. The parties herein after shall be referred as per the amended memo of parties.

3. The petitioner herein is an alumnus of Faculty of Law, Jamia Millia Islamia University (respondent No.5) and has filed the present petition challenging the appointment of Dr. Najma Akhtar (respondent No. 2) to the post of Vice Chancellor of the respondent No. 5/University.

4. Respondent No.5/University is a Central University as per The Jamia Millia Islamia Act, 1988 (‘JMI Act’, for short), represented through its Registrar. Respondent No.4, the University Grants Commission (‘UGC’, for short) was established by an Act of Parliament (Act No. 10 of 1956) to make provisions for the coordination and determination of standards in Universities and to ensure that the available resources are utilized to the best possible effect and for determining and allocating of funds to Universities made available by the Central Government, giving UGC the unique distinction of being the only grant-giving agency in the country vested with two responsibilities: that of providing funds and that of coordination, determination and maintenance of standards in institutions of higher education.

5. The case of the petitioner as noted from the petition and contended by the Mr. Akhil Sibal, learned Senior Counsel, appearing on behalf of the petitioner is that consequent to the acceptance of the resignation of the then serving Vice-Chancellor of the respondent No. 5/University by the Visitor/ The President of India, the Department of Higher Education, Ministry of Human Resource and Development (respondent No. 1) advertised the post of the Vice-Chancellor of the respondent No.5/University, with last date of receipt of application as September 9, 2018 (‘Advertisement’, for short). The eligibility requirements were as per the UGC (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the maintenance of standards in Higher Education) Regulations, 2010 which stood superseded by the UGC (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the maintenance of standards in Higher Education) Regulations, 2018 thereof (‘UGC Regulations’, for short).

6. The Advertisement as noted from the petition reads as under:

“Government of India”

Ministry of Human Resource Development

Department of Higher Education

Appointment of Vice-Chancellor of Jamia Millia Islamia (A Central University)

Jamia Millia Islamia is an Institution of National Importance.

The Vice-Chancellor, being the academic as well as administrative head, is expected to be:

* A visionary with proven leadership