Delhi HC strikes down Jamia Millia order dissolving teachers assn

The association, represented by advocate Abhik Chimni, contended that the actions were violative of their fundamental right under Article 19(1)(c) of the Constitution of India

New Delhi

The bench noted that the university’s unilateral formulation of a revised constitution for the JTA, without consulting or obtaining consent from its members, undermined the association’s autonomy. (HT Archive)

The Delhi High Court on Tuesday struck down Jamia Millia Islamia’s (JMI’s) order dissolving the Jamia Teachers Association (JTA), ruling that the action was administrative in nature and lacked a reasonable nexus.

Justice Sachin Datta delivered the order in a petition filed by the JTA, challenging the university’s November 2022 directive dissolving the association, followed by sealing of its offices, barring office-bearers from accessing the premises and funds, and preventing members from attending or holding any meeting.

In their petition, the association, represented by advocate Abhik Chimni, contended that the actions were violative of their fundamental right under Article 19(1)(c) of the Constitution of India, which not only encompasses the right to form an association but also the right to continue and govern it.

The university, represented by advocate Pritish Sabharwal, defended its decision, contending that the JTA’s constitution had neither been formally recognised nor registered with any statutory authority of the institution. He further argued that the university holds the power to establish, recognise, regulate, and, if necessary, dissolve staff and teachers’ associations. The counsel also contended that pursuant to the recommendations of the committee constituted by the vice-chancellor, a revised constitution for the JTA was formulated to ensure transparency and accountability in its functioning and the same was approved by the Executive Council on July 31.

In its seven-page judgment, the court set aside the varsity’s order, saying, “In the present case, the impugned action/s of the respondent University do not cite any exigency contemplated in Article 19(4) of the Constitution of India; rather, the said actions appear to be administrative in nature, bearing no rational nexus to a legitimate regulatory purpose.”

The bench further noted that the university’s unilateral formulation of a revised constitution for the JTA, without consulting or obtaining consent from its members, undermined the association’s autonomy and infringed upon the right to self-governance guaranteed under Article 19(1)(c) of the Constitution of India.