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[Cites 6, Cited by 0]

Delhi High Court

Mohammad Javed Malik vs Jamia Millia Islamia & Ors. on 21 February, 2022

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                %                                            Reserved on: 31st January, 2022
                                                                          Pronounced on: 21st February, 2022

                                +    W.P.(C) 1798/2022 & CM APPL.No.5163/2022
                                     MOHAMMAD JAVED MALIK                                         ..... Petitioner
                                                               Through:     Mr.M.Sarwar     and              Mr.Iram
                                                                            Peerzada, Advocates.
                                                               versus
                                     JAMIA MILLIA ISLAMIA & ORS.                                ..... Respondents
                                                               Through:     Mr.Chetan Sharma, ASG with
                                                                            Mr.Fuzail     Ahmad        Ayyubi,
                                                                            standing    counsel,    Mr.Pritish
                                                                            Sabhrawal,    ASC      for    JMI,
                                                                            Ms.Akanksha Rai and Mr.Sanjeet
                                                                            Kumar,      Mr.Vinay        Yadav,
                                                                            Mr.Sahaj Garg, Mr. Amit Gupta,
                                                                            Mr.Rishav Dubey, Advocates for
                                                                            JMI/UOI.
                                                                            Mr.Apoorv Kurup and Ms.Nidhi
                                                                            Mittal, Advocates for R-6/UGC.
                                CORAM:
                                HON'BLE MR. JUSTICE YOGESH KHANNA

                                YOGESH KHANNA, J. (Through Video Conferencing)
                                1.   The This petition is filed with following prayers :
                                            A. Calling the entire official records from Respondent No.1
                                            pertaining to the impugned appointment of Dr. Nazim
                                            Hussain Al-Jafri (Respondent No. 4) as a Professor in the
                                            Department of History & Culture, Jamia Millia Islamia, New
                                            Delhi;
                                            B. Issue an appropriate writ, order, direction and /or
                                            declaration in the nature of quo warranto declaring the
                                            impugned appointment of Dr. Nazim Hussain Al-Jafri
                                            (Respondent No. 4) in flagrant violation and total non-
                                        W.P.(C) No.1798/2022                                              Page 1 of 14

Signature Not Verified
Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:22.02.2022 14:42
                                                 compliance of Statute-25 of the Jamia Millia Islamia Act,
                                                1988 read with Clauses 3.1, 3.2, 4.0, 4.1(III) 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, 2018, besides being violative of
                                                Ordinance-15 (XV) of JMI Act, 1988 read with Article 14
                                                and 16 of the Constitution of India, 1950, and also ultra
                                                vires to Section-11 (3) read with Statute-14(2)(II) of JMI Act,
                                                1988 illegal, arbitrary, void ab initio and non est in law.

                                2.        The petitioner seeks to challenge the entire decision making
                                process culminating into the impugned selection and appointment of
                                respondent No. 4 as a Professor in the Department of History & Culture,
                                Jamia Millia Islamia - respondent/University being in flagrant
                                violation/contravention and total non-compliance of the Statute-25 of the
                                Jamia Millia Islamia Act, 1988 read with clauses 3.1, 3.2, 4.0, 4.1 (III) 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, 2018,
                                besides being violative of Ordinance-15 (XV) of JMI Act, 1988 read with
                                Atticle 14 and 16 of the Constitution of India and also ultra vires to
                                Section-11(3) read with Statute-14(2)(II) of the JMI Act, 1988, as the
                                same is a colorable exercise of power, being illegal, arbitrary, void ab
                                initio.

                                3.        It is alleged on 01.06.2021 the respondent/university issued an
                                advertisement bearing Adv. No.05/2021-22, inviting applications in
                                various departments of the University for the direct and open post of
                                Professor, Associate Professor and Assistant Professor, laying down the
                                eligibility criteria and qualifications desired from applicants, for which
                                applications were received from various candidates and the last date of
                                            W.P.(C) No.1798/2022                                                  Page 2 of 14

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Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:22.02.2022 14:42
                                 receipt of applications was 30.06.2021, including that of the post of
                                professor in the Department of History & Culture, JMI.

                                4.    Pursuant to the aforesaid advertisement dated 01.06.2021, many
                                applications were received for the post of Professor in the Department of
                                History and Culture, Jamia Millia Islamia and for which Screening
                                Committee shortlisted some candidates for the interview.

                                5.    On 24.12.2021 after interviewing all the candidates shortlisted by
                                the Screening Committee, the duly constituted Selection Committee
                                found none candidate suitable to be appointed to the post of Professor
                                and thus the respondent/University had no option but to abort the entire
                                process on the basis of the findings of the Selection Committee:

                                6.     It is alleged on 20.01.2022 the Vice Chancellor of the
                                respondent/University unilaterally appointed respondent no.4 to post of
                                Professor in Department of History and Culture by invoking Section
                                11(3) of the Jamia Millia Islamia Act.

                                7.    On 21.01.2022 a press release was issued by the Public Relations
                                Officer, Jamia Millia lslamia - respondent/University stating the
                                Executive Council has approved the appointment of respondent no.4 as
                                Professor   in    the     Department   of   History   &   Culture   of     the
                                respondent/University.

                                8.    The learned counsel for the petitioner alleges that he needs a Writ
                                of Quo Warranto which power can be exercised on satisfaction of four
                                conditions viz. a) the office must be created under Statute; b) the office



                                         W.P.(C) No.1798/2022                                   Page 3 of 14

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LAKSHMI DOBHAL
Signing Date:22.02.2022 14:42
                                 must be of substantive character; c) it is enjoined with the duties of pubic
                                nature and d) it is upserved by some person.

                                9.    The grievance of the petitioner is without following the procedure
                                the respondent no.4 has been appointed as a Professor. It is stated he
                                neither applied for the post of the Professor nor had gone to the screening
                                and interviewing the selection committee, yet the Vice Chancellor of the
                                University has arbitrarily appointed him as a Professor. Reference was
                                made to following rules as under:

                                             "Section 11. (1)-(2) xxxxxxx.
                                             (3) The Shaikh-ul-Jamia (Vice-Chancellor) may, if he is of
                                             opinion that immediate action is necessary on any matter,
                                             exercise any power conferred on any authority of the
                                             University by or under this Act and shall report to such
                                             authority the action taken by him on such matter. provided
                                             that if the authority concerned is of opinion that such action
                                             ought not to have been taken, it may refer the matter to the
                                             Visitor whose decision thereon shall be final: Provided
                                             further that any person in the service of the University who is
                                             aggrieved by the action taken by the Shaikh-ul-Jamia (Vice-
                                             Chancellor) under this sub-section shall have the right to
                                             appeal against such action to the Majlis-i-Muntazimah
                                             (Executive Council) within three months from the date on
                                             which decision on such action is communicated to him and
                                             thereupon the Majlis-i-Muntazimah (Executive Council) may
                                             confirm, modify or reverse the action taken by the Shaikh-ul-
                                             Jamia (Vice-Chancellor).
                                             Statute 25(8) Selection Committee
                                             Notwithstanding anything contained in the foregoing
                                             clauses, the Majlis-i-Muntazimah (Executive Council) may
                                             invite a person of high academic distinction and professional
                                             attainment to accept a post of Professor in the University, on
                                             such terms and conditions as it deems fit, and on the person
                                             agreeing to do so, appoint him to the post."

                                10.    It was argued that it was incumbent upon Executive Council to
                                invite a person of high academic distinction and professional attainment
                                in a transparent manner keeping in view the framework of Article 16 of
                                the Constitution of India because it was performing a statutory duty and
                                         W.P.(C) No.1798/2022                                                  Page 4 of 14

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LAKSHMI DOBHAL
Signing Date:22.02.2022 14:42
                                 public function. There is no dispute with regard to the fact Dr.Nazim
                                Hussain Al-Jafri/respondent No.4 was sent any invitation by the
                                Executive Council. It is a case of the respondent university that the Vice-
                                Chancellor straightaway invoked Section 11(3) of the JMI Act, 1988; the
                                appointment of Dr.Nazim Hussain Al-Jafri/respondent No.4 was a matter
                                of grave urgency which cannot brook any delay and thus exercise the
                                power under Clause 8 of Statute 25 of the JMI Act, 1988. Whilst the
                                power of the Vice- Chancellor to use emergency powers in innumerable
                                and unspelt circumstances cannot and ought not to be circumscribed,
                                having regard to harmonious reading of Section 11(3) and Clause 8 of
                                Statute 25 of the JMI Act, 1988 and keeping the larger interest of
                                academic freedom and autonomy, is a complete abuse of power conferred
                                upon the Executive Council by virtue of Statute 25 of the JMI Act, 1988
                                as the Vice-Chancellor herself is not an expert in the field of Ancient
                                History. In this context reliance is placed on order passed by this Court in
                                LPA 390/2021 titled as Atul Sood vs. Jawaharlal Nehru University
                                through Registrar & Anr. wherein it was contended the power of
                                appointment of Chairperson of Centres/Special Centres is expressly
                                conferred on the Executive Council and since the exercise of power by
                                respondent No.2 was in the eyes of law, null and void; the Executive
                                Council could not have approved i.e., ratified the appointments made by
                                respondent No.2. The appellant was aggrieved by the fact that the learned
                                Single Judge of this Court via the impugned order has declined to grant
                                stay qua the appointment of 9 professors who were appointed as
                                Chairpersons of various Centres / Special Centres of the Jawaharlal



                                         W.P.(C) No.1798/2022                                   Page 5 of 14

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LAKSHMI DOBHAL
Signing Date:22.02.2022 14:42
                                 Nehru University. However, the Division Bench allowed the appeal in
                                this case.
                                11.    It is further argued submitted the incumbent Registrar and Member
                                / Secretary of the Executive Council who participated in its meeting held
                                on 21.01.2022 and came to be appointed as a Professor of Ancient
                                History in the Department of History & Culture is not a person of high
                                academic distinction and professional attainment as the same is evident
                                from the fact that he started his career from the post of Lower Division
                                Clerk (LDC), and thereafter as Upper Division Clerk (UDC), Section
                                Officer (SO), Assistant Registrar (AR), Deputy Registrar (DR) at Aligarh
                                Muslim University, Aligarh and thereafter as Controller of Examinations
                                in the respondent/University. There is nothing which can be considered
                                as academic distinction as what is required by Clause 8 of Statute 25 of
                                the JMI Act, 1988, a person of high academic distinction and
                                professional attainment and thus the UGC Regulations, 2018 came with
                                an alternative qualification as contained in Clauses 4.0, 4.1(III) and
                                alternative eligibility criteria:
                                                 "B. An outstanding professional, having a Ph.D. degree in
                                                 the relevant/allied/applied disciplines, from any academic
                                                 institutions (not included in A above) / industry, who has
                                                 made significant contribution to the knowledge in the
                                                 concerned/allied/relevant     discipline,   supported   by
                                                 documentary evidence provided he/she has ten years‟
                                                 experience."

                                12.    It is argued Dr.Nazim Hussain Al-Jafri/respondent No. 4 does not
                                possess a single day teaching and / or research experience in the field of
                                history, be it modern or ancient history. Therefore, Clause 8 of Statute 25
                                of the JMI Act, 1988 need to be read in conjunction with Clauses 4.0,
                                4.1(III) and Eligibility Criteria: "B" and same has to be supported by

                                             W.P.(C) No.1798/2022                                             Page 6 of 14

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LAKSHMI DOBHAL
Signing Date:22.02.2022 14:42
                                 documentary evidence provided s/he has 10 years experience, which has
                                to be considered independently and objectively by a duly constituted
                                Selection Committee in terms of Statute 25 read with Ordinance 15(XV)
                                which utmost provides an exception under S.No.12 that a highly
                                meritorious candidate can be considered by the Selection Committee in
                                absentia.
                                13.    Heard.
                                14.    Admittedly, Jamia Millia Islamia/ respondent University is a Central
                                University established in the year 1920 and was accorded the said status by a
                                Special Act of Parliament (Act No. 58 of 1988) known as „The Jamia Millia
                                Islamia Act, 1988‟.
                                15.    Admittedly the petitioner is an alumnus of Faculty of Law, Jamia Millia
                                Islamia, in this petition is challenging the appointment of the respondent No. 4
                                on the post of Professor in the Department of History & Culture by seeking a
                                Writ in the nature of Quo Warranto.
                                16.    As the facts go the respondent/University issued an advertisement dated
                                01.06.2021, inviting applications for the post of Professor in the Department of
                                History & Culture. However, no candidate was found suitable in the selection
                                process and no appointments were made against the said post.
                                17.    The petitioner is setting up a case by interrelating the advertisement
                                dated 01.06.2021 and the appointment of respondent No. 4 whereas there is no
                                interrelation between the advertisement dated 01.06.2021 and the appointment
                                of respondent No. 4 on the post of Professor. Admittedly the appointment of
                                the respondent No. 4 is altogether a different act/event.
                                18.    As per Section 11(3) of JMI Act, the Shaikh-ul-Jamia (Vice-Chancellor)
                                may, if he is of opinion that immediate action is necessary on any matter,
                                exercise any power conferred on any authority of the University by or under


                                            W.P.(C) No.1798/2022                                    Page 7 of 14

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Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:22.02.2022 14:42
                                 this Act and shall report to such authority the action taken by him on such
                                matter.
                                19.    The Vice-Chancellor in the exercise of powers vested under Section
                                11(3) acted on behalf of the Executive Council (EC) and appointed respondent
                                No. 4 as Professor in terms of Statue 25(8) of the Act, which is as under:
                                               "Notwithstanding anything contained in the foregoing
                                               clauses, the Majlis-i-Muntazimah (Executive Council) may
                                               invite a person of high academic distinction and professional
                                               attainment to accept a post of Professor in the University, on
                                               such terms and conditions as it deems fit, and on the person
                                               agreeing to do so, appoint him to the post."

                                20.    The decision of the Vice-Chancellor as mandated in Section 11(3) was
                                placed before the Executive Council (EC) for their approval. The EC in its
                                meeting dated 21.01.2022 approved the appointment of respondent No.4 to the
                                post of Professor and thereafter the respondent No.4 joined his duties.
                                21.    Though the appointment of the respondent No. 4 is in terms of Statue 25
                                (3), the ground as taken by the petitioner alleging the respondent No.4 does not
                                fulfill the eligibility criteria will not sustain. The respondent No. 4 apart from
                                holding a Ph.D. in Ancient Indian History and Archeology, has also published
                                more than 10 national and international research papers and has also published
                                5 books.
                                22.    It is stated, the respondent No. 4 has more than 35 years of vast
                                experience in University administration and he has also been given the
                                assignment to act as VC at Khwaja Moinuddin (State) on several occasions. He
                                has served in different universities in following capacities.
                                " Educational Qualifications:
                                   1. Ph.D. 1999, A.M.U., Aligarh Title: Geography of Proto-Historic
                                      Cultures in India.
                                   2. M.Phil. 1991, A.M.U., Aligarh Title: Copper Bronze Age in Upper
                                      Gangetic Valley
                                   3. M. A. in History, in 1983, with 1st Division, and 3rd position,
                                      A.M.U, Aligarh.
                                           W.P.(C) No.1798/2022                                                 Page 8 of 14

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Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:22.02.2022 14:42
                                    4. P.G. Diploma in Computer Application, 2002, A.M.U., Aligarh.
                                Present Position:
                                      1. Professor in the Department of History & Culture
                                      2. Assigned additional responsibilities of Registrar, Jamia Millia
                                         Islamia under Statute 5 (3) of JMI

                                Experiences of University Administration:
                                   1. Registrar, Joint Registrar & Deputy Registrar at AMU, Aligarh
                                      (Central University)
                                   2. Project-Officer, Adult and Continuing Education, A.M.U., Aligarh.
                                   3. Registrar and Controller of Examination, Khwaja Moinuddin
                                      Chishti Literature, University, Lucknow (State University).
                                   4. Registrar and Controller of Examination, Indira Gandhi National
                                      Tribal University, Amarkantak (M.P.) (Central University).
                                   5. Registrar and Controller of Examinations, Jamia Millia Islamia,
                                      New Delhi- 110025. (Central University)
                                   6. Coordinator &Assistant Coordinator (Part-time)at Indira Gandhi
                                      National Open University Study Centre, Aligarh.
                                Academia:
                                Published Books:
                                  1. Geography of "Proto-Historic Cultures in India", Published by
                                      Writers Choice, New Delhi, 2018.
                                  2. "History of Proto-Vedic Human Civilization", Published by Indu
                                      Book Services, New Delhi, 2015.
                                  3. "Critical Review of the History of Human Civilization and Vedic
                                      Period", published by Lambert Publisher Germany, 2014.
                                  4. "Polytheism in Proto-Vedic Africa" published by Indu Book
                                      Services Private Limited.
                                  5. Copper Bronze age in upper gangetic Valley published by
                                      Academic Publishers New Delhi-2022

                                Published Research Papers:
                                  1. Revisiting Ochre Colored Pottery Culture in India with Special
                                      Reference to Southern Region Culture in Ateet: A Journal of
                                      History and Archaeology, No. 1 / Vol. VI / Jan.-June. 2017.
                                  2. Proto-Historic Culture of India Revisiting Ochre Colored Pottery
                                      Culture in Journal Global Values, Vol. VIll No. 2, 2017.

                                         W.P.(C) No.1798/2022                                Page 9 of 14

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                                    3. Cultural Change in Funerary Practices from Harappan to Post
                                      Harappan Phases in Proto-Historic India in Ateet: A Journal of
                                      History and Archaeology, No. 1 & 2 / Vol. V / Jan.-Dec. 2016.
                                   4. An Archaeological Study of Historical Monuments at Nuh
                                      (Haryana), India in Ateet: A Journal of History and Archaeology,
                                      No. 1 & 2 / Vol. V / Jan.-Dec. 2016.
                                   5. A Study of Medieval Monuments in Art Historical Perspective in
                                      Ateet: A Journal of History and Archaeology, No. 1 & 2 / Vol. V /
                                      Jan.- Dec. 2016.
                                   6. Technology of the Chalcolithic Cultures, Proceedings of the
                                      Indian History Congress (615) session, Kolkata, 2000.
                                   7. From Harappa to Cemetery- H: Fifty years after the wheeler
                                      Hypothesis in Proceedings of the Indian History Congress,
                                      Diamond Jubilee (60'*) session, Calicut, 1999.
                                   8. Territory Artifacts Assemblage and Culture- A study of Painted
                                      Grey Ware in Proceedings of the Indian History Congress, 59th
                                      session, Patiala, 1998.
                                   9. Population Education - Its meaning and concept, in National
                                      Journal 'Teacher Today' Vol. 32, NO.4, April -June 1990, Bikaner.
                                   10.Desh Ka Vikas Eyvam Saksharta, Prodh Shiksha, New Delhi,
                                      June, 1987.
                                   11.Prospects of Adult Education in Science & Technology - A Study
                                      in Rural Development in International Journal Rural System, Vol.
                                      IV, No.4, 1986, Banaras).
                                   12.Early Colonisation of the Gangetic Valley and their Chronology
                                      Context-Ateet; No. 1&2, Vol. VIII/ Jan.-Dec., 2019. ISSN 2249-
                                      1252.

                                Conferences attended:
                                International
                                    1. 8th World Archaeological Congress, Kyoto, Japan, August 28 -
                                        September 02, 2016.Presentation: Development on Indian
                                        indigenous land of Nuh (Haryana) India.
                                    2. 7th World Archaeological Congress, Dead Sea, Jordan, January
                                        13-18, 2013.Presentation: Burial evidences indicative of cultural
                                        changes in 'Proto- Historic' India lasting the early 'Iron Age'.
                                    3. 13th International meeting of University Administrators, Helsinki,
                                        19-23 August, 2001.Presentation: Entrepreneurship and


                                        W.P.(C) No.1798/2022                                 Page 10 of 14

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                                        Commercialization in Higher Education in Third World; Case of
                                       India.
                                   4. 12'' International meeting of University Administrators, Edinburg,
                                       U.K., 5-9 September, 1999. Presentation: Incentive and
                                       Monitoring in Higher Education- The Indian Experience.
                                National
                                   1. 62nd Session of the Indian History Congress held at Bhopal, 28-30
                                       January, 2001 Presentation: Contextualizing OP Culture.
                                   2. 61st Session of the Indian History Congress, held at Kolkata, 2001.
                                       Presentation: Technology of the Chalcolithic Cultures.
                                   3. 60th Session of the Indian History Congress, held at Calicut, 1999.
                                       Presentation: From Harappa to Cemetery H: Fifty years after the
                                       Wheeler Hypothesis.
                                   4. 59th Session of Indian History of Congress held at Patiala, 28-30
                                       December, 1998. Presentation: Territory, Artefact Assemblage
                                       and Culture- A study of Painted Grey Ware.
                                   5. Population Education organized by Delhi University, Delhi, 15-16
                                       May 1990.Presentation: Population Education through Jan
                                       Sikshan Nilayam.
                                   6. Role of Youth in Promoting National Literacy Mission Organized
                                       by Vishwa Yuvak Kendra, New Delhi, 18-19 September, 1989.
                                       Presentation: Educational Needs of a Harijan Basti- A case study
                                       of the localities around the campus of Aligarh Muslim University,
                                       Aligarh.
                                   7. Legal Literacy through Universities / Colleges organized by
                                       University of Poona, 13-15 October, 1985.
                                Training / Courses Attended:
                                  1. Muslim University, Aligarh at Integral University, Lucknow (U.P.)
                                     from 16.01.2016 to 17.01.2016.
                                  2. Attended "Management Development Program" organized by
                                     Jamia Millia Islamia Attended Short Term Course on "Academic
                                     Leadership" organized by MHRD, Govt. of India, UGC Human
                                     Resource Development Centre, Aligarh in Collaboration with
                                     University Grants Commission, New Delhi from 06.04.1993 to
                                     30.04.1993.
                                  3. Attended Second "Management Development Program on
                                     Management System" organized by the Department of Business
                                     Administration, Aligarh Muslim University, Aligarh, November 2-
                                     19, 1992.
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                                       4. Attending training / orientation course for key level functionaries
                                         organized by the Indian Adult Education, Association, New Delhi,
                                         17-22 December, 1987.

                                23.       The petitioner claims the appointment of respondent No. 4 is irregular
                                and illegal as it is violative of Articles 14 and 16 and it is undisputed that the
                                person to be appointed as a professor must be an eminent scholar or
                                outstanding professional who has made a significant contribution to the
                                concerned/allied/relevant discipline, supported by documentary evidence. It is
                                submitted apart from the above-mentioned laurels that the respondent No. 4
                                possess academic/research score and after assessing his profile, his score was
                                calculated to be '188.4' which is a considerably good score; whereas the
                                minimum requirement as notified by the UGC to become a professor is 120
                                points.
                                24.       Moreover, even otherwise, the UGC regulations namely "UGC
                                regulations on minimum qualifications for appointment of teachers and other
                                academic staff in universities and colleges and measures for the maintenance
                                of standards in higher education 2018"specifically state under 4.1.(III)(B) "An
                                outstanding professional, having a Ph.D. degree in the relevant/allied/applied
                                disciplines, from any academic institutions (not included in A above) /
                                industry, who has made significant contribution to the knowledge in the
                                concerned/allied/relevant discipline, supported by documentary evidence
                                provided he/she has ten years‟ experience".
                                25.       A conjoint reading of Statute 25(8) and Section 11(3) of the Act makes
                                it abundantly clear the VC can act on behalf of the EC and if the authority (EC)
                                is of opinion that such action ought not to have been taken, it may refer the
                                matter to the visitor whose decision thereon shall be final. Moreover, the
                                Section also provide if any person in the service of the University who is
                                aggrieved by the action taken by the VC under this sub-section 11(3) shall have

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                                 the right to appeal against such action to the EC within three months from the
                                date on which decision on such action is communicated to him and thereupon
                                EC may confirm, modify or reverse the action taken by the VC.
                                26.      The petitioner referred to 'Atul Sood v. JNU & Anr.‟ LPA 390/2021
                                where the appeal was directed against an interlocutory order dated 28.09.2021,
                                passed by the learned single judge in W.P.(C) No.1879/2021 declining to grant
                                ·stay qua the appointment of nine professors, who were appointed as
                                Chairpersons of various Centers/Special Centers by the VC in terms of Statute
                                4(5) of the Statutes of the University. However, the cited case differs from the
                                present case in hand on the point that present is a case of appointment of
                                Professor whereas in the case of JNU the VC therein appointed professors as
                                chairpersons under clause 18 (2) (c) (I) of JNU Statute. While in the present
                                case, the VC invoked Clause 11(3) read with Statute 25 (8), which empowers
                                her to take the decision on behalf of the EC and the same was ratified by the
                                EC for appointment of Respondent No. 4 as Professor. Moreso, the petitioner
                                in the case of JNU, Mr.Atul Sood was himself an employee of JNU and he was
                                aggrieved by the action of the University. However, the petitioner in the
                                present case is not an aggrieved person or an Employee or has any relation or
                                connection with JMI.
                                27.      Further the respondent has shown instances wherein several
                                appointments have been made mutatis mutandis to the post of Professor across
                                Universities in the Country including JMI viz,
                                      a) Dr. Sandeep Banerjee who was the secretary of the UGC (IAS officer)
                                         was appointed as a professor in the exercise of powers under section
                                         11(3) read with Statute 25 (8) in Jamia Millia Islamia;
                                      b) Dr. Ajay K. Mehra who was a reader in Political Science, Shaheed
                                         Bhagat Singh College, was appointed as a professor in the exercise of
                                         powers under section 11(3) read with Statute 25 (8) in Jamia Millia
                                         Islamia; and


                                           W.P.(C) No.1798/2022                                    Page 13 of 14

Signature Not Verified
Digitally Signed By:VIJAYA
LAKSHMI DOBHAL
Signing Date:22.02.2022 14:42
                                       c) Dr. Mirza Mohammad Sufyan Beg, who was appointed as a professor in
                                         the exercise of powers under section 11(3) read with Statute 25 (8) in
                                         Jamia Millia Islamia.

                                28.      Similar circumstances can be seen in Aligarh Muslim University
                                and Maulana Azad National Urdu University.
                                29.      In view of the above there is no case made out for the issuance of
                                notice to the respondent, thus, the petition is accordingly dismissed.
                                Pending application(s), if any, also stand disposed of.



                                                                                    YOGESH KHANNA, J.

February 21, 2022 DU W.P.(C) No.1798/2022 Page 14 of 14 Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:22.02.2022 14:42