$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 27.03.2026 % LPA 162/2026 & CM APPL. 19169/2026 PROF QUDDUS KHAN .....Appellant Through: Mr. K.K. Tyagi, Adv. with Mr.Iftekhar Ahmad & Ms. Garima Tyagi, Advs.

versus JAMIA MILLIA ISLAMIA UNIVERSITY & ANR......Respondents Through: Mr. Pritish Sabharwal, Adv. with Ms.Shweta Singh & Mr. Sanjeet Kumar, Advs. for JMI.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA DEVENDRA KUMAR UPADHYAYA, CJ. (ORAL)

CM APPL. 19170/2026 (for exemption

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

LPA 162/2026 & CM APPL. 19169/2026 (for stay

3. This intra-court appeal challenges the order dated 04.02.2026 passed by learned Single Judge, whereby W.P.(C) 1278/2026 instituted by the appellant, has been dismissed.

4. The underlying writ petition was filed by the appellant with the prayer to quash the order dated 14.08.2024 as also the Office Order dated 12.09.2025 with a further prayer to issue an appropriate direction to the respondent – University to appoint the appellant as the Head, Department of Allied Sciences & Humanities, Faculty of Engineering and Technology of the University.

5. At this juncture, we may note that by the Office Order dated 14.08.2024, the Vice-Chancellor of the respondent – University has appointed Prof. Mohd. Mudassir Husain as the Head of the Department concerned w.e.f. 15.08.2024, whereas by the Office Order dated 12.09.2025, the said Prof. Mohd. Mudassir Husain was permitted to avail casual leave on 01.09.2025 with permission to station leave due to his personal work. By the said Office Order, ex-post facto approval on discharging routine duties of Head of the Department performed by Prof. Mukesh Pratap Singh, for the said date, i.e. 12.09.2025, was also granted.

6. It has been argued by learned counsel for the appellant that the impugned order dismissing the writ petition passed by learned Single Judge is contrary to the provisions of Ordinance 4 (IV) of the Ordinance of the respondent – University, which regulates the appointments and powers and functions of Head of the Departments. Ordinance 4 (IV) of the Ordinance of the respondent – University is extracted hereunder:

“Ordinance 4 (IV)

HEADS OF DEPARTMENTS OF STUDIES -POWERS &

FUNCTIONS

1. Appointment of the Head of the Department of Studies: (E.C. Res. No.

10, Dated 12.09.2006)

1. Each department of studies shall have a Head who shall be a Professor, provided that if there is more than one Professor, the Head of the Department shall be appointed by the Vice-Chancellor by observing the principle of rotation from amongst the Professors according to seniority for a period of three years.

2. Notwithstanding anything contained in Clause 1, if for any reason it has not been possible to appoint a person as Head of the Department who is senior to the person(s) who has already served or is serving as Head of the Department, it shall be open to the Vice-Chancellor to appoint that person as Head of the Department whenever a vacancy next occurs if he can otherwise be so appointed.

3. However, if there is no Professor in a ‘Department’, a Reader may be appointed as Head of the Department, and if there are more than one Reader, the Head of the Department will be appointed by rotation according to seniority from amongst the Readers for a period of three years.

Provided that in the absence of Professor(s) or Reader(s) in a Department, the concerned Dean of the Faculty shall discharge the duties of the Head of the Department.

4. The Head of the Department shall hold the office for a period of three years or till attaining the age of 65 years, whichever is earlier.

5. Where the Head of the Department is unable to perform his/her duties owing to illness, absence or any other reason/cause, the next Professor/Reader (as the case may be) in the rotational cycle shall officiate as Head of the Department.

Provided that officiating discharge of duties as Head of the Department shall not prejudice