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2023 Supreme(Del) 4616

RAJIV SHAKDHER, TALWANT SINGH
M Ehtesham Ul Haque – Appellant
Versus
Union of India Department of Higher Education Ministry of Human Resource Department Through Its Secret – Respondent


Advocates appeared:
Mr Kirtiman Singh, CGSC with Mr Waize Ali Noor and Ms Durgesh Nandini, Advocates for R-1 along with Mr Satish Kumar Singh and Mr Mannu Kumar, Section Officers, Ministry of Education.
Mr Vikramjit Banerjee, ASG with Mr Pritish Sabharwal, Standing Counsel along with Mr Shruti Agarwal, Ms Janhavi Prakash, Mr Kartik Dey, Mr Shashank, Mr Sanjeet and Mr Sharad Shukla, Advocates for JMI.
Mr Ravinder Agarwal, Mr Girish Pandey and Mr Lekh Raj Singh, Advocates for R-3/CVC.
Mr. Apoorv Kurup and Ms Keerti Dadheechi, Advocates for R-4/UGC.

JUDGMENT

[Physical Court Hearing/Hybrid Hearing (as per request)]

TABLE OF CONTENTS

    Preface:

    Background:

    Submissions advanced on behalf of the petitioner:

    Submissions advanced on behalf of respondent nos. 2-5:

    Reasons and Analysis:

    Conclusion:

PREFACE:

1. This intra-court appeal is directed against the judgement dated 05.03.2021 passed by the learned single judge in W.P(C) 952/2020 [hereafter referred to as the "impugned judgment"].

1.1. Via the impugned judgment, the learned single judge has dismissed the writ action preferred by the appellant.

BACKGROUND:

2. The appellant, who is an alumnus of respondent no.5 i.e., Jamia Millia Islamia [hereafter referred to as "JMI"] had sought a writ of quo warranto and/or an appropriate writ, order, or direction qua the appointment of respondent no.2 i.e., Professor Najma Akhtar [in short "Professor Akhtar"] to the post of the Vice Chancellor [in short "VC"] of JMI.

2.1. The relief sought in the writ petition is premised on the assertion, that Professor Akhtar's appointment was made without complying with the provisions of Statute 2(1) appended to the Schedule, as promulgated by Section 24 of the Jamia Millia Islamia Act, 1988 [in short, the "JMI Act"



















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