Ousted Jamia officiating V-C moves Delhi High Court against new appointee

On Tuesday, a single-judge bench of Justice Tushar Rao Gedela listed the matter for hearing on May 30 after the high court was informed that the Visitor of the university, the President of India, was seized of the matter.

“At the outset, Additional Solicitor General [ASG] Mr Chetan Sharma submits that the Visitor is in seisin of the subject matter in the petition. He submits that some time may be granted to take appropriate instructions in that regard,” the high court noted.

During the hearing, the high court orally said that the May 22 order was “very clear” that the appointment has to be made by the Visitor, and questioned how the appointment was stated to have been done by the university.

“How did you do this? When did we permit you to do it? We were very clear. Please see the order…It was the Visitor who was given the power. We were very clear, this power was granted only to the Visitor. We wonder under what powers has Jamia done this?” the high court orally said to the varsity’s counsel.

Hussain’s counsel submitted that the fresh appointment of Professor Shakeel as the officiating V-C was illegal and arbitrary.

Meanwhile, during the hearing, the ASG, who also appeared for Jamia, said that nothing would be done against the law, and if the “petition has to be allowed so be it”.

The high court had said in its May 22 order, “Since the respondent no. 2 (Hussain) has not been appointed in terms of Statute, his continuation in the office of Vice Chancellor as the Officiating Vice Chancellor cannot be permitted further”.

It had further said that the Visitor may, in the meanwhile, “in exercise of the powers conferred by the Statute direct the initiation of process of appointment of a VC on regular basis”.

The high court had thereafter directed that the appointment of the (officiating) V-C or administrator (temporary) shall be done within one week from the date of receipt of the May 22 order.

“The initiation of appointment to the post of Vice Chancellor on (a) regular basis shall commence not later than two weeks of the appointment of Vice Chancellor (Officiating)/ Administrator (Temporary), and be completed within 30 days, thereafter,” the high court had said in its order last week.