The Delhi High Court has issued a notice to the Central Government, Jamia Millia Islamia University, and other concerned parties in response to a petition challenging the legality of Professor Mazhar Asif’s appointment as Vice Chancellor of the university.
Key Allegations
The petition, filed through Advocate Rakshita Goyal, raises multiple concerns regarding the selection process, including:
The alleged unlawful constitution of the Search Committee.
The improper nomination of the Committee’s Chairman.
Interference by the Union Ministry of Education, which allegedly influenced the Visitor’s selection of the Chairman from two nominees suggested by the Ministry.
Violation of statutory procedures and Supreme Court-established principles by the Ministry’s involvement in the appointment process.
The plea asserts that the appointment of Professor Mazhar Asif is a “colorable exercise of power”, violating statutory provisions, Statute 2(1) of the Jamia Millia Islamia Act, 1988, and Clause 7.3 of the UGC Regulations, 2018.
Challenges To Petition’s Maintainability
Representing the University, Additional Solicitor General Chetan Sharma and Central Government Standing Counsel Monika Arora have questioned the maintainability of the writ petition. Their arguments include:
Lack of Locus Standi: They challenged the petitioner’s legal standing to file the case.
Scope of Writ of Quo Warranto: They debated whether such a writ is applicable in this scenario.
Authenticity of Documents: They raised concerns over “Summary Notes” annexed to the petition, which were submitted to the President of India. The court was urged to question how the petitioner accessed these documents and to verify their authenticity.
Article 74(2) of the Constitution: Arora invoked this provision, which prevents judicial scrutiny of ministerial advice given to the President.
Petitioner’s Counterarguments
On the opposing side, petitioner’s counsel Dr. Amit George argued that:
Judicial precedents allow any citizen to file for a writ of quo warranto without strict locus standi limitations.
The documents in question were already available in the public domain through a news website.
Court’s Response
After hearing the arguments, Justice Prateek Jalan acknowledged the submissions and issued a notice to the Centre, Jamia Millia Islamia University, and other respondents. Additionally, four individual members of the university’s Executive Council were directed to be impleaded as respondents in the petition.
The next hearing in this matter is scheduled for July 16, 2025. The court will further deliberate on the allegations, statutory violations, and the validity of the appointment process under Article 226 of the Constitution of India.
Read More: Supreme Court, Delhi High Court, States High Court, International
