The court held that the SCS Committee was properly constituted in accordance with the provisions of the JMI Act and the UGC Regulations, that the members of the SCS Committee were persons of eminence in the sphere of higher education, and that the appointment of Respondent No. 2 as the Vice Chancellor of JMI was not flawed.

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"], and Regulation 7.3.0 of the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010 [in short, the "2010 UGC Regulations"]. Notably, JMI, via a notification dated 18.07.2018, has also adopted the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 [in short, the "2018 UGC Regulations"].

3. There are various strands to the challenge that was laid by the appellant to Professor Akhtar's appointment as the VC. However, before we proceed to discuss each of the grounds raised, it would be useful to set forth the backdrop in which the instant action came to be instituted in this Court. The backdrop will be necessary, as it would inter alia, shed light on the manner, in which Professor Akhtar was appointed as the VC.

4. The resignation of the erstwhile VC of JMI, which took effect from 06.08.2018, propelled the Department of Higher Education, Ministry of Human Resource Development (MHRD) i.e., respondent no.1 to issue an advertisement for filling up the post of VC in JMI. The end date for filing applications was fixed as 13.09.2018. A total of 107 applications were received against the advertisement.

5. While the process of receiving applications was on, the Executive Council of JMI, in line with the provisions of Statute 2(1) of the JMI Act, nominated Justice MSA Siddique, a former judge of this Court, and Professor Ramakrishna Ramaswamy, School of Physical Sciences, JNU, New Delhi as members of the Search-cum-Selection Committee [in short, the "SCS Committee"], at its meeting held on 31.08.2018.

6. The decision of the Executive Council was communicated to MHRD by JMI, through a letter dated 05.09.2018. Via this letter, it was brought to the notice of the MHRD, that to constitute a Committee as per the terms of Statute 2(1) of the JMI Act, the Visitor of JMI, who is none other than the President of India, was required to choose his nominee, to complete the composition of the Committee [i.e., the SCS Committee].

7. As per Statute 2(1), the nominee of the Visitor was required to helm the SCS Committee. On 11.10.2018, the MHRD apprised the Visitor about the persons nominated by the Executive Council for the constitution of the SCS Committee, coupled with its request to consider the nomination of one of the two persons indicated by it, as the Chairman of the SCS Committee. The two persons recommended by the MHRD were:

(i) Professor D.P. Singh, Chairman, UGC

(ii) Professor (Retd.) K.K. Aggarwal, former VC, Guru Govind Singh Indraprastha University, Delhi

8. Concededly, the V