HC stops JNU from taking action against teachers
Appearing for the petitioners, senior advocate Kapil Sibal submitted that the inquiry was “malafide” as the petitioners and teachers are not governed by the rules under which they have been issued the chargesheets.Updated: Aug 14, 2019 22:52 IST
The Delhi High Court on Wednesday stayed the action being taken by the Jawaharlal Nehru University (JNU) administration against 45 teachers who allegedly took part in a protest at the varsity campus in July last year.
Justice Suresh Kait also issued notice to the varsity on the plea by the 45 teachers who have been served chargesheets by the University for “alleged misconduct”.
The teachers were sent the chargesheets under a rule which prohibits “Government Servants” from resorting to or abetting strikes, coercion or physical duress in matters pertaining to service.
Appearing for the petitioners, senior advocate Kapil Sibal submitted that the inquiry was “malafide” as the petitioners and teachers are not governed by the rules under which they have been issued the chargesheets.
The plea filed through advocate Abhik Chimni said that the CCS (CCA) Rules and CCS (Conduct) Rules apply only to “Government Servants” and do not cover teachers of JNU within their ambit.
It said the JNU Teachers’ Association (JNUTA) had proposed to organise a protest on July 31, 2018. On July 30, 2018, JNUTA issued a letter to the vice chancellor of the university stating that it had tried to raise several issues of concern and decisions taken by JNU, including repeated violations of the JNU Act, statutes and ordinances, autonomy, teachers’ biometric attendance, online examination, IPR policy, proposed HEFA loan.
However, when there was no response, dialogue or communication from the authorities, the teachers then organised the protest march on July 31 last year.
Countering the submissions, Pradeep Arya, additional standing counsel of the varsity, contended that CCS rules are applicable on teachers and holding any kind of protest is illegal.
JNUTA secretary Avinash Kumar said the teachers’ group was yet to go through the court order and will release any statement after that.
The matter would be now heard on October 10.
First Published: Aug 14, 2019 21:11 IST