Jawaharlal Nehru University VC appointed 9 without authority: Delhi HC

The Delhi high court, while hearing a plea by a professor, challenging the Executive Council’s approval to the nine professors appointed by the VC as chairpersons of different centres, also said that the VC can only exercise such powers only in ‘emergent situations’, according to the university statute.

The vice chancellor (VC) of Jawaharlal Nehru University (JNU) does not have the authority to appoint the chairpersons of the centres or special centres, the Delhi high court has said while restraining nine people appointed by VC M Jagadesh Kumar from taking any decisions in their official capacity.

Professor Atul Sood had approached the court on September 26, challenging the September 2 approval granted by the executive council to the nine appointments made by the Vice Chancellor in July. (Getty Images/iStockphoto)

“We are prima facie of the view that respondent no.2 (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,” a bench of justices Rajiv Shakdher and Talwant Singh said in an order of October 26 that was uploaded on the court website on Tuesday.

The court, while hearing a plea by a professor, challenging the Executive Council’s approval to the nine professors appointed by the VC as chairpersons of different centres, also said that the VC can only exercise such powers only in ‘emergent situations’, according to the university statute.

Professor Atul Sood had approached the court on September 26, challenging the September 2 approval granted by the executive council to the nine appointments made by the Vice Chancellor in July. Sood, through his counsel, Abhik Chimni, had contended that the VC did not have the powers to appoint the chairpersons of the various centres, including the Centre for Political Studies, Centre for Media Studies and Centre for Historical Studies.

Appearing for the varsity, central government standing counsel Monica Arora, contended that the VC exercised his power under the statute of the university. She also argued that since, from time to time, the centres require appointment of chairperson(s), the power is exercised by the vice chancellor which is, thereafter, ratified by the Executive Council.

However, the court rejected the Centre’s argument and said that the VC can exercise such powers only when immediate action is required “on account of an emergent situation”, which then is reported to the concerned authority for obtaining its approval.

The court also noted that the petitioner objected to the agenda for the 296th meeting of the executive council on September 2, and informed that the council ignored a letter by petitioner raising objections to the appointment, and ratified them.

The court further said that after a single bench of the high court on September 28 refused to stay the nine appointments made by the VC, the VC went ahead with the appointment of another person as chairperson of Centre of Spanish, Portuguese, Italian and Latin American Studies under the School of Language, Literature & Cultural Studies on October 8, again exercising the emergency powers vested in him.

The bench restrained the chairpersons from making any decision and said, “Pending decision in the writ petition, the nine (9) chairpersons, who have been appointed…will not take any major decisions, including functions relating to convening of selection committees and/or carrying out selection(s), concerning the centres/special centres”.

The court also asked the single judge, before whom the challenge to the appointment is pending, to advance the hearing of Sood’s plea and posted the matter for hearing on November 10.

The JNU vice-chancellor did not respond to repeated queries, seeking a comment.

The union education ministry on January 22 allowed Jagadesh Kumar, whose term was going to end on January 26, to continue in his position “until further orders”.

Kumar’s tenure as JNU VC had been marked by several protests and controversies, including the 2016 sedition row, and protests on hostel fee hike which was followed by an attack on campus by a masked mob in January 2020, which had left several students and teachers injured.