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Dismissing Jamia Millia Islamia’s application seeking a direction to the University Grants Commission for release of funds for the Sarojini Naidu Centre for Women’s Studies, the Delhi High Court has termed it an attempt to circumvent its earlier order directing the varsity to release outstanding dues to Professor (Director) Sabiha Hussain, who has petitioned the court for her regularisation. The Vice- Chancellor is receiving the salary “but the poor teacher is not”, said the court.
“Your inability to get the money from the UGC cannot be a reason for the LPA Court to come to your rescue from the UGC. You cannot use the court as your shield to take money from UGC. Your Vice- Chancellor is getting a salary? Stop paying the salary to the Vice-Chancellor, Registrar, pay her salary. All officers are receiving the salary but for them you want us to direct the UGC to pay the salary,” observed the division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad during the hearing.
In the order, the court said the University shall be at liberty to take appropriate recourse to the remedies available in law for release of money due from the UGC. The court also recorded in the order the fact that during the hearing, a question was put to Jamia’s counsel whether the Vice-Chancellor, Registrar and other faculty members are receiving salary or not.
“He was fair enough in informing this Court that the Vice-Chancellor, Registrar and other faculty members are regularly receiving salary in the University,” said the court in the order dated July 6.
Hussain and others in 2019 had approached the court seeking regularisation of their services.
The UGC in 2000 had approved the establishment of the Women’s Studies Centre. Hussain joined the Centre on the tenure post of Director in 2017. Later, Jamia sought permission from UGC to absorb the teaching posts of the Centre under the regular establishment budget in place of it being plan based. The same was approved by UGC. With the change, Jamia in 2019 decided to fill the posts by way of proper selection. The same came under challenge but the court on August 18 last year held Hussain and others are not entitled to regularisation.
The matter is currently under appeal before a division bench of the court which has restrained the varsity from taking any final step towards completion of fresh recruitment for the Centre. Hussain in May moved an application for release of her outstanding salary. On May 31, the Registrar told the court that the dues will be released during the course of the day. However, the order has not been compiled with, as per Hussain’s counsel.
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