Delhi HC restrains heads of nine JNU centres from taking any "major decisions"
Nov 03, 2021
New Delhi [India], November 3 : The Delhi High Court has restrained Chairpersons of nine centres in Jawaharlal Nehru University (JNU) from taking any major decision and held that their appointment by the JNU's Vice-Chancellor is prima facie without any authority.
"We are prima facie of the view that respondent no.2 ( JNU VC) is not vested with the power to appoint Chairpersons of Centres/ Special Centres. The Statute confers the power of appointment on the Executive Council. Thus, clearly, the appointment of Chairpersons of Centres/ Special Centres by respondent no.2 is, as is evident at this stage, prima facie, without authority, " said a division bench of Justice Rajiv Shakdher and Justice Talwant Singh.
"Pending decision in the writ petition, the nine Chairpersons, who have been appointed, and whose names are set out in Annexure P21 of the case file i.e., Minutes of the 296th meeting of the Executive Council, will not take any major decisions, including functions relating to the convening of selection committees and/or carrying out the selection(s), concerning the Centres/special centres," said the court.
The court was hearing a petition filed by Atul Sood through advocates Abhik Chimni, Govind Manoharan, Lakshay Garg and Shashwat Mehra.
The petitioner has filed an appeal against an interlocutory order dated September 28, passed by the single judge of Delhi High Court. The appellant was aggrieved by the fact that the single judge declined to grant stay qua on the appointment of nine professors, who were appointed as Chairpersons of various Centres/Special Centres.
Advocate Abhik Chimni, who appeared on behalf of the appellant, argued that the exercise of power by JNU VC is in complete violation of Statute 18(2)(c)(I) of the Statutes of the University, under the JNU Act, 1966.