Challenge to appointment of Dr. Najma Akhtar as Vice-Chancellor of Jamia Millia Islamia University: Delhi High Court seeks CVC response
An appeal has been filed in Delhi High Court against a single-judge bench judgment dismissing a petition challenging the appointment of Dr. Najma Akhtar as the Vice-Chancellor of the Jamia Millia Islamia University.
Dr Najma Akhtar, Delhi High Court
Published on : 31 Jul, 2021 , 5:07 pm
The Delhi High Court on Friday sought response from the Central Vigilance Commission (CVC) in a challenge made to the appointment of Dr. Najma Akhtar as the Vice-Chancellor of the Jamia Millia Islamia University (M Ehtesham-ul-Haq vs UOI & Ors).
Before the Court was an appeal challenging a single-Judge judgement that had earlier dismissed a plea challenging the appointment of Dr Akhtar as the Vice-Chancellor.
Appearing for the appellant, advocate Mobashir Sarwar contended that the appointment needs to be set aside as it was wholly illegal. It was argued that the Search Committee constituted for appointing the Vice-Chancellor was marred by illegalities.
Dr Najma Akhtar was represented by ASG Vikramjit Banerjee along with standing counsel Fuzail Ayyubi. Banerjee contended that there is no reason to entertain the appeal as no new grounds have been raised in it.
Since the appeal was at the stage of admission, and since no one appeared on behalf of the CVC on Friday, the Court posted the matter for hearing on 22 September, 2021. The Court has also sought the CVC's response.
The appellant had contended that the entire process which culminated in the appointment of Dr Akhtar as the Vice-Chancellor of Jamia Millia Islamia University was a colourable exercise of power.
The process was also alleged to have been in flagrant violation of the Jamia Millia Islamia Act, 1988 read with Clause 7.3.0 of the UGC (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the maintenance of standards in Higher Education) Regulations, 2010.
The appeal against single-judge judgment was filed on following grounds:
a) That the appointment of Justice (retd.) MSA Siddiqui as member of the Search Committee for the appointment of a new Vice-Chancellor was wrong because he was not a “person of eminence in the sphere of higher education” as required under the applicable statute and regulations for members of the Search Committee.
b) The Selection Committee was required to give reasons for selecting Dr. Akhtar for Jamia Millia Islamia as per 3.2 of UGC (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the maintenance of standards in Higher Education) Regulations, 2010.
c) The Ministry of Human Resources and Development (MHRD) had no role recommending the names to be included in selection committee.
d) The CVC had initially denied clearance for the appointment of Dr Akhtar. The same was, however, revoked after the MHRD’s intervention, which is impermissible in law.
Apart from ASG Vikramjit Banerjee and standing counsel Fuzail Ayyubi, Dr Akhtar was also represented by advocates Pritish Sabharwal, Shruti Agarwal, Tanvi, Ibad Mushtaq, Akanksha Rai. The University Grants Commission (UGC) was represented by advocates Apoorv Kurup and Nidhi Mittal.
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