IMPORTANT POINT
The JNU cannot act contrary to its Ordinances and Statutes, and any decision entailing civil consequences must be reasoned.

JUDGMENT (Oral)

A Housekeeping Note

1. It is noticed that there are two counter affidavits on record filed by the JNU, one under an index dated 15 January 2024 and the second under an index dated 3 February 2024, accompanied by an application for condonation of delay. Delay is condoned.

2. Mr. Saha submits that the JNU is not pressing the first affidavit filed under index dated 15 January 2024.

Facts

3. The petitioner was enrolled, in 2022, with the Special Centre for Molecular Medicine (SCMM) in the Jawaharlal Nehru University (JNU) as a Ph.D scholar.

4. Prof. Shailja Singh was nominated as the petitioner's supervisor, to supervise him during his Ph.D course. Certain differences arose between the petitioner and Prof. Singh, resulting in Dr. Singh addressing a communication dated 27 February 2023 to the Chairperson of the SCMM, alleging that the petitioner had been irregular in attending the lab, that he was insincere in performing the work assigned to him and that he was visiting the lab at late hours with strangers, which was a security threat. Predicated on these allegations, Prof. Singh requested the Chairperson of the SCMM to transfer the petitioner from her supervisorship and to take necessary action.

5. It is important to note, at this point itself, that, though the statutes and ordinances governing the JNU contained ample provisions under which punitive or disciplinary action can be initiated against an incorrigible or undisciplined scholar, no such action was ever initiated against the petitioner at any point of time.

6. Ordinances 6.1 and 6.6 of the Ordinances of the JNU read thus:

"6.1 The Research Supervisor for a Research Scholar shall be appointed by the Committee for Advanced Studies and Research or its equivalent body, as the case may be, on the recommendation of the Centre or School/Special Centre concerned.

6.6 In case of insuperable difficulties, either the Research Scholar or the Research Supervisor/Co-supervisor may request in writing for change of supervision arrangement. Such request shall be addressed to the Chairperson of the Centre or School/Special Centre, who shall place it before the Faculty Committee. The Faculty Committee may, if it is considered to be appropriate, feasible and in the best interests of all, recommend to the Committee for Advanced Studies and Research or its equivalent body, as the case may be for change of Research Supervisor/Co- supervisor. The Committee for Advanced Studies and Research or its equivalent body may appoint, in such case, different Research Supervisor/Co-supervisor."

7. Though Ordinance 6.6 of the Ordinances requires any written request by a supervisor, expressing unwillingness to supervise a Ph D scholar, to be placed before the Faculty Committee, the Chairperson of the SCMM did not do. Instead, he placed the matter before a Central Level Grievance Redressal Committee (hereinafter referred to as "the GRC").

8. On 17 March 2023, the GRC expressed the view that the differences between the petitioner and Prof Singh could be amicably resolved and, therefore, advised them to sit together and try and settle the matter.

9. The differences between the petitioner and Professor Shailja Singh could not come, however, to any happy resolution, resulting in both the petitioner and Prof Singh addressing communications to the Chairperson of the SCMM, making allegations against each other.

10. The matter was, once again, referred by the Chairperson of the SCMM to the GRC, instead of being referred to the Faculty Committee in terms of Ordinance 6.6.

11. The Grievance Redressal Committee met on 12 May 2023, and recommended, apropos the supervisorship of the petitioner's Ph D programme, that, as neither the petitioner nor Prof. Singh desired to work together, and wanted to part ways, the Chairperson could initiate steps to reallocate a new supervisor to the petitioner "as per the official process of the JNU".

12. The Chairperson of the SCMM, on 18 May 2023, wrote to the petitioner informing him tha