‘Why invite a problem that does not exist?’: Delhi HC to JNU on holding professor’s VRS
Directing the university to obtain instructions, Justice Jalan has posted the matter for further consideration on September 1.
Written by Sohini Ghosh
Delhi | Updated: August 18, 2025 11:09 PM IST
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The court questioned JNU's decision to hold the professor's retirement due to foreign travel. (Sourcef: Wikimedia Commons)
Seeking Jawaharlal Nehru University (JNU)’s response to a plea by its scholar and professor whose request for a voluntary retirement scheme (VRS) has been kept on hold owing to “unauthorised foreign trips”, the Delhi High Court on Monday asked why it is “inviting a problem that does not exist”.
The oral remark by Justice Prateek Jalan came after it was highlighted that while the professor’s request for voluntary retirement has been kept in abeyance on grounds of his participation at an international conference in Malaysia, he is neither being assigned any duty nor receiving any remuneration since June 28.
Petitioner Happymon Jacob, represented by advocates Abhik Chimni and Pranjal Abrol, joined as an Assistant Professor in the department of Strategic and Regional Studies at University of Jammu in 2004. In December 2008, he was appointed to the post of Assistant Professor in the Centre for International Politics, Organization and Disarmament (CIPOD) of the School of International Studies (SIS), JNU. He applied for a VRS in March this year after completing 20 years of service
The VRS would have taken effect from June 28 as per the Central Civil Services (Pension) Rules, 2021. While Jacob’s VRS application was approved in an office order on June 18, four days prior to Jacob’s retirement, JNU, in an email on June 24 informed that his retirement request was being kept in abeyance on account of “unauthorised foreign trips”. The communication was sent after Jacob travelled to Kuala Lumpur for the 38th Asia-Pacific Roundtable from June 17-19. On July 14, Jacob, in a written communication to the dean of SIS, had stated that the said foreign trip was taken during vacations and that he had faced technical issues while applying for leave online. In the communication, he had further requested that the trip be condoned and the hold on his resignation be withdrawn.
Justice Jalan, on Monday, while seeking a response from JNU by issuing them notice, addressed the JNU’s counsel, orally remarking, “Why are you inviting a problem that does not exist…?…See you’ve two choices — either you condone this infraction and accept resignation, or you initiate disciplinary proceedings (for the said infraction)…”
Meanwhile, Jacob, through his counsel Chimni, terming the university’s action as “malafide”, told the court, “Assuming they have statutory right to take cognisance (of the said infraction), they still can’t withhold my VRS…So they’re using this only so that I can’t be allowed my other academic pursuits…I’ve got a job somewhere else.”
Chimni further pointed out that as per CCS Pension Rules, VRS may only be withheld if the applicant is under suspension, or a chargesheet has been issued against them and an inquiry is pending, or if judicial proceedings for grave misconduct are pending.
Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court
Professional Profile
Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express.
Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare).
Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others.
She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020.
With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram
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Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles:
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She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots.
She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy.
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Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system.
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