The Delhi High Court on Thursday rejected an appeal challenging the appointment of Dr.Najma Akhtar as Jamia Millia Islamia University’s Vice-Chancellor.
The Division Bench of Justices Rajiv Shakdher & Talwant Singh pronounced the order while rejecting the appeal.
The Division Bench dealt with an appeal filed by the University’s alumnus M Ehtesham-ul-Haq challenging the single judge’s order by rejecting his plea against the appointment of Akhtar.
Therefore, Haq argued that the appointment of Akhtar was completely illegal as the search committee constituted for appointing the Vice-Chancellor that was mutilated by illegalities.
The appellant asserted that the entire process which culminated in the appointment of Dr Akhtar as the Vice-Chancellor was a colorable exercise of power.
Therefore, it was argued that the process was alleged to have been in flagrant violation of the Jamia Millia Islamia Act, 1988 read with Clause 7.3.0 of the UGC Regulations, 2010.
However, in an order pronounced on March 5, 2021, the single judge held that the petitioner had not been able to show any express provision of either the UGC Regulations or the JMI Act had been disregarded while making the appointment.
Therefore, the Court, concluded that the appointment of Akhtar was justified.
The order said that “I must highlight the position of law that the Court can’t sit in appeal over the decision taken by the Search Committee. Rather the scope is limited to judicial review of the decision whereby the Court is only concerned with whether the incumbent possessed qualifications for the appointment and the manner in which the appointment came to be made or whether the procedure adopted was fair, just, and reasonable.”
A detailed copy of the order is awaited.
