JMI Vice Chancellor Najma Akhtar.

Petition challenging appointment of Jamia VC Najma Akhtar dismissed by Delhi HC

THE Delhi High Court Friday dismissed a petition seeking to quash the appointment of Dr. Najma Akhtar as the Vice-Chancellor of Jamia Millia Islamia University.

A single-judge bench of Justice V Kameswar Rao said that the court could not sit in appeal over a decision taken by a search committee.

The court was ruling on a petition filed by a former student-Ehtesham-Ul-Haque alleging procedural violations in Akhtar’s appointment.

The petitioner contended that the Central Vigilance Commission (CVC) had initially denied a vigilance clearance certificate in favour of Akhtar. However, this was later reviewed, which, according to the petitioner, was not permissible.

Rejecting the contention of the petitioner, the court said the revision of the vigilance clearance was not only permissible, it was not a matter of challenge in the current petition.

It must, thus, be construed that there was no adverse advice against Akhar at the time of her appointment, the court opined.

It was also contended by the petitioner through senior advocate Akhil Sibal that the Union Education Minister’s recommendation of Akhtar’s name to the Visitor cum President of India was illegal.

The court pointed out this was a practice followed by the Education Ministry to send a summary note to the Visitor containing the recommendation(s) from among the names selected by the search committee, as had been done while appointing the Vice-Chancellor of the University of Delhi as well.

Additional Solicitor General (ASG) Vikramjit Banarjee and advocates Fuzail Ayyubi assisted by advocate Ibad Mushtaq appeared for Prof. Akhtar and Jamia Millia Islamia while Union of India was represented by Mr. Chetan Sharma, ASG.

Read the Order

http://theleaflet.in/wp-content/uploads/2021/03/VKR05032021CW9522020_161838.pdf