NEW DELHI: Professor Eqbal Hussain has approached the Delhi High Court challenging a single judge’s order quashing his appointment as the Pro Vice Chancellor and subsequently as Officiating Vice Chancellor of Jamia Millia Islamia.
Hussain’s appeal is listed for hearing on Monday before a division bench of Justices Rekha Palli and Saurabh Banerjee.
The single judge of the high court had on May 22 quashed the appointment of Hussain as the Pro Vice Chancellor (VC) and subsequently as Officiating VC of Jamia, holding that the appointments were not made in conformity with the relevant statute.
It had, however, directed to ensure that the academic and administrative machinery of the university does not suffer or come to a complete halt and that fresh appointment to the post of officiating VC be made within one week.
The court had also asked the ‘Visitor’, who is the
President of India, to order initiation of the process of appointing a regular VC in the meantime.
“A writ of Quo Warranto is issued quashing the appointment of respondent no.2 (Hussain) at the first instance as Pro Vice Chancellor by office order dated September 14, 2023 and as Officiating Vice Chancellor by office order dated November 12, 2023.
“Since the respondent no. 2 has not been appointed in terms of the Statute, his continuation in the office of Vice Chancellor as the Officiating Vice Chancellor cannot be permitted further,” the court had ordered while dealing with petitions by Md. Shami Ahmad Ansari and others.
“The appointment of the VC (Officiating)/ Administrator (Temporary) shall be done within a period of 1 week from the date of receipt of the present order. The initiation of appointment to the post of Vice Chancellor on 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,” it had said.
On September 14, 2023, Prof Najma Akhtar, then VC of Jamia Millia Islamia (JMI), appointed Hussain as Pro VC.
Following Akhtar’s retirement on November 12, 2023, the Registrar’s office issued another notification, appointing Hussain as Officiating VC.
Petitioners argued both appointments violated JMI Act and UGC regulations.
The court noted that according to JMI laws, Hussain’s candidacy for Pro VC should have been presented to the Executive Council for approval before appointment. If disagreements arose, the matter should have been referred to the Visitor.
The court found these procedures were not followed, rendering Hussain’s appointments invalid.
It emphasised that the EC holds jurisdiction to appoint a new candidate if necessary.
The court stated that the subsequent appointment of Hussain as Officiating VC was also legally invalid, as there was no emergent situation warranting non-compliance with the statute. The statute allows the senior-most professor
to be appointed as Officiating VC, which was not
followed.