HC issues notice on plea challenging Jamia VC’s appointment
The plea raises concerns about alleged irregularities in the selection process and the Ministry of Education’s role in influencing the appointment.
The petition argued that the process leading to Professor Asif’s appointment is a "colorable exercise of power" that violates statutory provisions. It alleges that the Search Committee was unlawfully constituted and that the Chairman was improperly nominated. Additionally, the plea claims that the Union Ministry of Education interfered by providing the Visitor of the University with two nominees for the Chairman’s position, thereby compromising the autonomy of the selection process.
Chetan Sharma, Additional Solicitor General representing Jamia Millia Islamia, and Monika Arora, Central Government Standing Counsel, opposed the petition’s maintainability.
They questioned the petitioner’s locus standi and the scope of a writ of quo warranto. They also challenged the authenticity of “Summary Notes” annexed to the petition, which were submitted by the Union Government to the President.
It asked that the petitioner disclose how they obtained these documents and confirm their authenticity.
Arora further invoked Article 74(2) of the Constitution, which bars judicial review of ministerial advice given to the President.
However, Dr. Amit George, counsel for the petitioner, countered that any citizen could file for a writ of quo warranto without facing strict locus standi restrictions. He also stated that the contested documents were publicly available on a news website.
Justice Prateek Jalan acknowledged the submissions and issued notices to the Centre, Jamia Millia Islamia, and other respondents. The court also directed four members of the Executive Council to be impleaded in the case. The matter is scheduled for further hearing on July 16.
The plea contends that the appointment process contravenes the Jamia Millia Islamia Act, 1988, and the UGC Regulations, 2018, and urges the court to annul Professor Asif’s appointment under Article 226 of the Constitution of India.