Delhi High Court
Chandra Shekhar vs Uoi And Ors. on 29 April, 2015
Author: Rajiv Sahai Endlaw
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 29th April, 2015
+ W.P.(C)No.3982/2015
CHANDRA SHEKHAR ..... Petitioner
Through: Petitioner-in-person.
Versus
UOI AND ORS. ..... Respondents
Through: Mr. Ajay Digpaul & Mr. Kunal Punj,
Advs. for R-1.
Mr. M. Atyab Siddiqui with Ms. Jaya
Goyal, Advs. for R-2,4,5,6&7.
Mr. Arjun Harkauli, Adv. for R-3.
CORAM :-
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
RAJIV SAHAI ENDLAW, J.
1. This petition under Article 226 of the Constitution of India, filed as a
Public Interest Litigation (PIL), seeks, (i) a direction to the respondent no.1
Union of India through Ministry of Human Resource Development (MHRD) to
undertake time bound Visitorial Inquiry into the affairs of the respondent No.2
Jamia Millia Islamia University in general and with specific reference to the
allegations in the writ petition and to ensure that the affairs of the University
are conducted within the parameters of the Jamia Millia Islamia Act, 1988 and
other statutes applicable thereto and to take action against the erring officials;
(ii) a direction to the respondent No.1 UOI and to the respondent no.2
University to ensure that appointments of the SC/ST and the OBC employees to
the respondent no.2 University are made as per the Constitutional Scheme; (iii)
a direction to the respondent no.2 University and to the respondent no.3
University Grants Commission (UGC) to ensure that the admission process in
the University is strictly in accordance with the Statute 21 and Ordinances 5
and 12 framed under the Jamia Millia Islamia Act; (iv) quashing of the Office
Order dated 16th March, 2015 of the respondent no.5 Registrar of the University
for reservation of seats in Jamia Schools for wards of employees of the
University; and, (v) quashing of the Notification dated 23rd January, 2015
issued by the respondent no.5 Registrar, University of appointment of the
respondent no.7 as the Controller of Examinations including for admissions, for
the Academic Year 2015-16.
2. The petitioner claims to have filed this petition for maintaining the
secular character of Jamia Millia Islamia University. He being an Advocate of
this Court, has argued that the affairs of respondent no.2 University are in a
mess and the University is being run in an arbitrary fashion as is evident from
the important post of Controller of Examinations being not filled and ad-hoc
appointments to the said post being made for the last several years. It is argued
that in the absence of a Controller of Examinations having certainty of tenure,
the admissions are at the whims and fancy of the authorities of the University.
3. We are of the view, that as far as the grievance regarding reservation in
admission and appointment and the malpractices in appointments and
admissions to the University are concerned, it is not a matter for the petitioner,
an Advocate to take up in public interest. It is for the candidates / students
aspiring for appointment/admission and who are aggrieved in any manner
owing to the malpractices, to approach the Court. In fact the petitioner could
not deny the fact that this Court has had to create an 'Educational Matters
Roster' to deal exclusively with such disputes as to educational institutions. We
are thus of the view that there is no need to entertain this petition in public
interest as far as the said aspect is concerned.
4. As far as the aspect of maintaining the secular character of the institution
is concerned, the said matter is also pending consideration before this Court in
W.P.(C) No. 1970/2011 titled Vijay Kumar Sharma Vs. National Commission
for Minority Educational Institutions and connected petitions (including
W.P.(C) No.3320/2011) and need is not felt to multiply the petitions and which
will lead to delay in disposal of the existing petitions also. We accordingly
dismiss this petition, with no order as to costs.
RAJIV SAHAI ENDLAW, J
CHIEF JUSTICE
APRIL 29, 2015
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