Delhi HC seeks Jamia’s stand on plea against removal of Prof Eqbal Hussain as Officia
Delhi HC seeks Jamia’s stand on plea against removal of Prof Eqbal Hussain as Officiating V-C
M.U.H
30/05/2024339
The Delhi High Court on Wednesday sought the stand of Jamia Millia Islamia in an appeal moved by Professor Eqbal Hussain against an order quashing his appointment as the central varsity’s Pro-Vice Chancellor and consequently as the Officiating Vice-Chancellor (V-C).
A division bench of Justices Vibhu Bakhru and Tara Vitasta Ganju issued notice to the varsity, Union of India, University Grants Commission as well as other respondents and listed the matter for hearing on August 12.
The bench, however, refused to pass an interim order with respect to the decisions taken by the current Officiating V-C Professor Mohammed Shakeel.
“We are not going to infringe on the entire working of a person who is already in office…A person functioning in an official capacity we don’t impinge…,” the division bench orally said.
On Tuesday, a single judge bench of the HC listed Hussain’s plea on May 30 against the appointment of Professor Shakeel as the Officiating V-C. The High Court did so after it was told that the Visitor of the University–President of India, is seized of the matter.
Hussain has challenged a May 22 order passed by a single judge bench which had said, “Since the respondent no. 2 (Hussain) has not been appointed in terms of Statute, his continuation in the office of Vice Chancellor as the Officiating Vice-Chancellor cannot be permitted further”.
Justice Tushar Rao Gedela had thereafter said that the Visitor of the varsity may, in the meanwhile, “in exercise of the powers conferred by the Statute direct the initiation of process of appointment of a V-C on regular basis”.
The HC had then directed that the appointment of the Officiating V-C or Administrator (temporary) shall be done within one week from the date of receipt of the May 22 order.
“The initiation of appointment to the post of Vice Chancellor on (a) regular basis shall commence not later than two weeks of the appointment of Vice Chancellor (Officiating)/ Administrator (Temporary), and be completed within 30 days, thereafter,” the single judge bench had said.
The court had said that Hussain’s appointment in September 2022 as the pro-VC was in “violation of the Statutes of the University”, adding that “no such emergent situation was shown” when the November 2023 order was passed — appointing Hussain as the Officiating V-C.
“It is to be kept in mind that the erstwhile V-C (Dr Najma Akhtar) was going to demit office due to the expiry of her tenure, by efflux of time was known to all and sundry. No explanation as to why steps in the ordinary course under statute 2 of the Statutes of the University were not initiated, well in time, has been placed on record. Moreover, the university in such (a) situation was not powerless to appoint the senior most professor as the Officiating V-C… This court is acutely aware of the fact that the post of VC cannot be kept vacant, having regard to the importance of the said post, both administratively and academically as well as for exercise of emergent powers, however, the appointments to such posts have to be sacrosanct and above board,” the HC had observed.
