$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1278/2026, CM APPL. 6293/2026 & CM APPL. 6294/2026 PROF QUDDUS KHAN .....Petitioner Through: Mr. Ankur Chibber, Mr. Advait Ghosh, Mr. Parthiv Ghosh, Advocates.

versus JAMIA MILLIA ISLAMIA UNIVERSITY .....Respondent Through: Mr. Pritish Sabharwal, Standing Counsel with Mr. Mehrish Khan, Ms. Shweta Singh, Mr. Sanjeet Kumar, Advocates. CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 04.02.2026

1. This is the second round of litigation at the instance of the Petitioner. In the first round, the Petitioner had challenged the office order dated 14^th August, 2024 by way of W.P.(C) 11876/2024. During the pendency of the said writ petition, the Respondent issued a subsequent office order dated 12^th September, 2025. In view thereof, the Petitioner sought and was granted liberty to withdraw the earlier writ petition with permission to file a fresh petition impugning both the orders. Accordingly, the present petition has been filed.

Factual Matrix

2. Before noting the Petitioner’s grievance, a few essential facts need to be noticed:

2.1. Upon completion of the tenure of Prof. Ataur Rahman Khan as Head, Department¹ of Applied Science & Humanities, Faculty of Engineering & Technology, JMI, on 14^th August, 2021, the next senior-most Professor, namely Prof. Mohd. Mudassir Husain, was to be considered for appointment as Head in terms of Statute 8(1) of the JMI Act, 1988 read with Ordinance IV (Academic) Clause (1). However, since Prof. Mohd. Mudassir Husain was on Extraordinary Leave at the relevant time, the Competent Authority appointed Prof. Zishan Husain Khan, being the next senior-most Professor, as Head of the Department with effect from 15^th August, 2021 for a period of three years.

2.2. The tenure of Prof. Zishan Husain Khan as Head was to expire on 14^th August, 2024. In the meantime, Prof. Mohd. Mudassir Husain, after availing sanctioned Extraordinary Leave, rejoined his duties in the Department with effect from 31^st July, 2024.

2.3. Thereafter, by office order dated 14^th August, 2024, issued in exercise of powers under Statute 8(1) of the JMI Act, 1988 read with Ordinance IV (Academic) Clause (2) of Para (1), the Officiating Vice-Chancellor appointed Prof. Mohd. Mudassir Husain as Head, Department of Applied Science & Humanities, with effect from 15^th August, 2024 for a period of three years.

2.4. The said office order further stipulated that upon completion of the term of Prof. Mohd. Mudassir Husain, the next senior-most Professor, namely Prof. Quddus Khan (the Petitioner), would be appointed as Head, as Prof. Zishan Husain Khan had already served as Head from 15^th August, 2021 to 14^th August, 2024.

2.5. Aggrieved by the aforesaid office order dated 14^th August, 2024, the Petitioner approached this Court by way of W.P.(C) 11876/2024.

2.6. During the pendency of the proceedings, the inter se seniority position within the Department underwent change pursuant to the Career Advancement Scheme (CAS), as a result whereof Prof. Mukesh Pratap Singh became senior to the Petitioner.

2.7. The seniority list, issued by the Head of the Department of Applied Sciences & Humanities, JMI, is handed over in Court by Mr. Pritish Sabharwal, Standing Counsel for JMI, and the same is taken on record. The said list reads as follows:

1 “HoD”

2.8. In light of the foregoing seniority list, the second impugned office order dated 12^th September, 2025 was passed to the following effect:

“The Hon'ble Vice-Chancellor, JMI, has passed the following orders: 1. Allowed Prof. Mohammad Mudassir Husain, Head, Deptt. of Applied Science & Humanities, JMI, to avail Casual Leave on

01.09.2025 with permission of station leave due to his personal work.

2. Granted ex-post facto approval on discharging the routine duties of the Head, Deptt. of Applied Science & Humanities, JMI, performed by Prof. Mukesh Pratap Smgh, the next senior Professor in the Deptt. of Applied Science & Humanities, JMI, for the above mentioned date.”

2.9. Aggriev