New Delhi: The Delhi High Court on Wednesday sought the stand of Jamia Millia Islamia (JMI) on a plea by professor Eqbal Hussain challenging a single judge's order quashing his appointment as the pro vice chancellor and subsequently as officiating vice chancellor of the university. A bench headed by Justice Vibhu Bakhru issued notice to JMI on Hussain's appeal against the single judge's decision and listed the matter for further hearing on August 12.
"Respondent is at liberty to file counter affidavit, if necessary," the court said. A single judge bench of the high court had on May 22, while dealing with petitions by Md. Shami Ahmad Ansari and others, quashed the appointment of Hussain as the pro vice chancellor and subsequently as the officiating VC of Jamia, holding that the appointments were not made in conformity with the relevant statute.
Hours after the order, the university appointed Prof. Mohammad Shakeel as the officiating VC. The counsel for the petitioner urged the court to grant him interim relief in the matter. The bench, also comprising Justice Tara V Ganju, however refused to pass any such order in the appeal, saying, "We're not going to infringe working of a person who is already in office."
The single judge had directed that fresh appointment to the post of officiating VC be made within one week and also asked the 'Visitor', who is the President of India, to order initiation of the process of appointing a regular VC in the meantime. Hussain has filed a separate petition against the appointment of Prof Shakeel as the officiating VC.
He has said the fresh appointment is in violation of the court's order which "in clear and unambiguous terms" asked the Visitor to appoint an officiating VC. On Tuesday, Additional Solicitor General Chetan Sharma and advocate Pritish Sabharwal, appearing for JMI, had informed the high court that the nominees of the Visitor participated in the meeting of the authorities concerned that decided on the appointment of Shakeel, the senior-most professor, and the matter was being considered by the Visitor.
On September 14, 2023, the then VC, Prof Najma Akhtar, had appointed Hussain as the Pro VC of Jamia Millia Islamia (JMI). Subsequently, upon Akhtar's superannuation on November 12, 2023, another notification was issued by the office of the registrar about Hussain assuming the charge of officiating VC.