HC sets aside JNU’s appointment of centre chairperson, says not done as per statutes

Court was hearing a plea by a former chairperson of Centre for Spanish, Portuguese, Italian and Latin American Studies, who challenged the current appointment, saying he was not a teacher at the Centre.

The Delhi high court has set aside the appointment of professor Mazhar Asif, the current chairperson of the Centre for Spanish, Portuguese, Italian and Latin American Studies (CSPILAS) at Jawaharlal Nehru University (JNU), after it was challenged by a professor at the Centre, who contended that it was not done in accordance with the university statutes.

Justice V Kameswar Rao said the decision to appoint professor Mazhar Asif as chairperson was not justified. (Picture for representation only/HT Archive)

On September 17, justice V Kameswar Rao, while passing his judgment on a plea by former chairperson of CSPILAS, professor Rajix Saxena, said the decision to appoint Asif as chairperson was not justified.

Saxena had contended that Asif’s appointment as chairperson of CSPILAS was against the statutes as he was not a teacher at the Centre.

“This court is conscious of the fact that a Centre cannot be without a chairperson who supervises its activities, but the appointment of respondent No. 2 (Asif) cannot be justified,” Rao said.

“He (Saxena) has primarily challenged the appointment of the respondent No.2 being violative of the Act of 1966 and statutes framed there under. He has not sought any prayer in the writ petition for his appointment / continuance as Chairman of the Centre, In fact, his prayer is that a Chairperson of CSPILAS be made strictly in accordance with the Statutes 18(2)(c) (1) of the Act of 1966,” he further noted.

Placing reliance on the Jawaharlal Nehru University Act, the petitioner contended that Statute 18(2)(c)(1) stipulates that each Centre/Department is required to have a chairperson and the chairperson is required to be appointed by the executive council from among the professors and senior fellows within the Centre itself.

Saxena’s counsel added the statute does not confer any discretion on the university to act otherwise than the rules prescribed and that the only discretion which lies with the university is that if there is only one professor in the centre, then an associate professor may also be appointed.

Saxena also said that neither he nor another professor at the centre could get the position as he had already served two consecutive terms and the other candidate was removed midterm due to some misconduct.

Directing the university to proceed in accordance with law, the court said, ““There cannot be any dispute that JNU has been established under the Act of 1966 and is governed by the statutes and ordinances which are statutory in nature. It is the statute 18 of the statutes which govern the appointment of the chairperson of all centres under the school, including CSPILAS.”