New Delhi, Mar 6 (ILNS) The Delhi High Court today dismissed a plea challenging the appointment of Dr Najma Akhtar as the Vice-Chancellor of the Jamia Millia Islamia University.
Highlighting the position of law, Justice V Kameswar Rao said, “The Court cannot 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.”
The petition has been filed by M Ehtesham-Ul-Haque, an alumnus of Faculty of Law, Jamia Millia Islamia University, challenging the appointment of Dr Akhtar to the post of Vice-Chancellor of the University, alleging that there is a flagrant violation and total non-compliance of the statutory provisions and regulations of statute 2(1) of the Jamia Millia Islamia Act, 1988 read with clause 7.3.0 of the UGC Regulations, 2010.
Senior Advocate Kapil Sibal, appearing for the petitioner, submitted that the Search Committee has recommended three names out of the 13 shortlisted names, without giving any reason, which is in violation of clause 7.3 (ii) of the UGC regulations read with statute 2(1) of the Jamia Millia Islamia Act.
Referring to the Supreme Court Judgement in the case of the National Institute of Mental Health and Neuro Sciences, Justice Rao noted “It is not necessary for a selection committee to give reasons of its conclusion unless the rule governing the appointment to a particular post stipulates so. In the case in hand, Clause 7.3 (ii) of the UGC Regulations does not contemplate reasons to be given against each name, so recommended.”