Delhi High Court - Orders
Dr Suraiya Tabassum vs Jamia Millia Islamia University ... on 9 September, 2021
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Talwant Singh
$~9[2021]
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 316/2021
DR SURAIYA TABASSUM ..... Appellant
Through: Mr. Barun Kumar Sinha with Ms.
Pratibha Sinha, Advs.
versus
JAMIA MILLIA ISLAMIA UNIVERSITY THROUGH: THE VICE
CHANCELLOR & ORS. ..... Respondents
Through: Mr. Fuzail Ayyubi, Adv. for R-1 & 2.
Mr. Apoorv Kurup with Ms. Nidhi
Mittal, Advs. for R-3.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 09.09.2021
[PHYSICAL COURT HEARING]
CM No.30635/2021
1. Allowed, subject to just exceptions.
LPA No.316/2021 & CM No.30634/2021 [Application filed on behalf of the appellant seeking stay on the operation of the impugned order, dated 18.08.2021]
2. Mr. Barun Kumar Sinha, who appears on behalf of the appellant, says that, the issue, which arises for consideration in the instant case, is similar to the issue, which obtains in LPA No.310/2021. 2.1. Mr. Sinha informs us that, the aforementioned appeal was listed before this Court, on 06.09.2021, when notice was issued and interim directions were also passed.
LPA 316/2021 1/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:11.09.2021 23:42:302.2. Mr. Fuzail Ayyubi, who appears on behalf of the respondent/University, does not dispute this position.
3. Accordingly, issue notice to the respondents. 3.1. Mr. Ayyubi accepts notice on behalf of the respondent nos.1 & 2, in effect, Jamia Millia Islamia University, while Mr. Apoorv Kurup accepts notice on behalf of respondent no.3/UGC.
4. As directed in the other matter i.e., LPA 310/2021, in the present appeal also, while the respondent/University is permitted to process the applications received against advertisement dated 18.09.2020, no final step(s) will be taken, without the leave of the Court. 4.1. The respondent/University will also inform the concerned applicants that, the instant appeal is pending, wherein, inter alia, the issues which emerge from the issuance of the advertisement dated 18.09.2020, are being considered.
4.2. Furthermore, the respondent/University will also indicate to the concerned applicants that, they would not be entitled to claim any equities, merely, because they have applied against the advertisement dated 18.09.2020.
4.3. This interim direction will bind the parties, during the pendency, of the appeal.
5. To be noted, learned counsel for the respondents, submit that, they do not wish to file any reply(ies) and that they will argue the matter, based on the record made available, before the learned single judge.
LPA 316/2021 2/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:11.09.2021 23:42:305.1. However, insofar as respondent no.3 i.e., University Grants Commission (UGC) is concerned, it will file an affidavit, which will, inter alia, indicate as to, what is UGC's understanding of the letter, dated 25.06.2019. The said affidavit will also indicate as to, whether, is it the UGC's stand, that a fresh advertisement ought to have been issued for recruitment qua the subject post?
6. Learned counsel for the parties will also file their written submissions not exceeding three pages each, at least, three days before the next date of hearing.
7. List the matter on 27.10.2021.
RAJIV SHAKDHER, J TALWANT SINGH, J SEPTEMBER 9, 2021/pmc Click here to check corrigendum, if any LPA 316/2021 3/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:11.09.2021 23:42:30