Delhi HC issues notice on plea challenging Jamia Milia Islamia V-C appointment

Delhi High Court issues notices on plea challenging appointment of JMI Vice Chancellor, case set for hearing in 2025.

The Delhi High Court has issued notices to the Centre, Jamia Milia Islamia (JMI) on a plea challenging the appointment of Prof. Mazhar Asif, as the Vice Chancellor of the minority institution.

Justice Prateek Jalan also issued notice to Prof. Asif on the petition filed by Vishal Kumar Rai, a Delhi resident, who claim to be “deeply aggrieved” by the manner in which the process of the selection and appointment of Prof. Asif has been carried out.

During the hearing on March 10, Additional Solicitor General Chetan Sharma, who appeared for the University, and Ms. Monika Arora, Central Government Standing Counsel for the Centre, challenged the maintainability of the petition on several grounds, including the petitioner’s locus.

They submitted that Mr Rai has annexed to the petition, “Summary Notes” submitted by Union of India to the President of India, who is the visitor of the University. They call upon Mr Rai to provide details of the provenance of these documents, and also state clearly as to how he has affirmed these annexures as true copies of their respective originals.

Ms. Arora also drew attention of the court to Article 74(2) of the Constitution, which prevents courts from questioning the advice that the Council of Ministers gives to the President.

Advocate Amit George, representing the petitioner, submitted that the documents referred to by counsel for the Centre and the University have been published online on a news website – Illustrated Daily News and have been accessed by him from the website.

The petition has challenged the appointment of Prof. Asif alleging that “illegal constitution of the Search Committee and illegal nomination of Chairman of the Search Committee due to intervention of Respondent No. 1 (Centre) by way of which the Visitor was constrained to choose from two names provided by the Ministry of Education for appointment as Chairman”.