Prof. Eqbal Hussain is appealing against the Delhi HC’s decision on Jamia VC’s appointment

NEW DELHI: Professor Eqbal Hussain has approached the Delhi High Court challenging a single judge’s order invalidating his appointment as deputy vice-chancellor and then acting vice-chancellor of Jamia Millia Islamia.

Hussain’s appeal is scheduled to be heard on Monday before a division bench comprising Justices Rekha Palli and Saurabh Banerjee.

On May 22, a single judge of the Supreme Court had quashed Hussain’s appointment as vice-chancellor (VC) and then as acting VC of Jamia, holding that the appointment was not made in accordance with the relevant statute.

However, he directed to ensure that the academic and administrative machinery of the university does not suffer or come to a complete halt and that the new appointment as VC takes place within one week.

The court also asked the “Guest” who he was

President of India to order the commencement of the process of appointing a permanent VC in the meantime.

“An order of Quo Warranto was issued quashing the appointment of respondent No. 2 (Hussain) in the first instance as Vice-Chancellor vide order dated September 14, 2023 and as Acting Vice-Chancellor vide order dated November 12, 2023.”

“Because the respondent did not. 2 has not been appointed in accordance with the Statute, he cannot be permitted to continue to hold the office of Vice-Chancellor as Acting Vice-Chancellor,” the court ordered while hearing the petitions of Mr. Shami Ahmad Ansari and others.

“The appointment of VC (serving)/Administrator (interim) will be made within 1 week from the date of receipt of this order. “The commencement of appointment to the position of Vice-Chancellor on a regular basis will commence no later than two weeks from the appointment of the Vice-Chancellor (Acting)/Administrator (Interim) and will end within 30 days thereafter,” it said.

September 14, 2023 prof. Najma Akhtar, the then vice president of Jamia Millia Islamia (JMI), appointed Hussain as Pro VC.

After Akhtar’s retirement on November 12, 2023, the registrar’s office issued another notification appointing Hussain as acting VC.

The petitioners argued that both the appointments violated the JMI Act and UGC regulations.

The court noted that as per JMI regulations, Hussain’s nomination as Pro VC should have been presented to the Executive Council for approval before nomination. In case of any misunderstandings, the matter should be referred to the Inspector.

The court found that these procedures were not followed, which invalidated Hussain’s appointments.

She stressed that the EC has jurisdiction to appoint a new candidate if necessary.

The court said the subsequent appointment of Hussain as acting VC was also legally invalid as no emergency situation existed to justify non-compliance with the statute. The statute allows for the position of the most senior professor

to be appointed as acting VC, which, however, did not happen

followed.