Jamia professor appointed without fulfilling requisite criteria: UGC tells Delhi HC

NEW DELHI: The UGC Wednesday told the Delhi High Court a professor in the Department of History and Culture at Jamia Millia Islamia (JMI), whose appointment is under challenge, was hired by the university despite not having the required qualification and in violation of the selection procedure. The University Grants Commission (UGC) made the claim in written submissions which it has sought to place on record before the court in a plea challenging the appointment of Dr Nazim Hussain Al-Jafri. The high court has sought the response of the varsity on the UGC's application.

“You file a short reply to the application,” a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said while listing the matter for further hearing on August 30. The high court had earlier reserved its order on an appeal which was filed challenging a single judge's decision dismissing the petition challenging the appointment of the professor. In its written submissions, the UGC's counsel said he has been provided with instructions which also highlight the mandatory nature of the UGC Regulations of 2018 and that the appointment in question had to be in compliance with these regulations.

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The UGC said the JMI appointed the professor in violation of the UGC (Minimum Qualification for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures of the Maintenance of Standards in Higher Education) Regulations, 2018. It said in the present case, the university published an advertisement on June 1, 2021 for teaching positions in various departments and the screening committee shortlisted the candidates for interview for the post of professor, but the selection committee found none suitable. “Thus, the university aborted the entire process on the basis of the findings of the selection committee. However, on January 20, 2022 the vice chancellor of the university unilaterally appointed Dr Nazim Hussain Al-Jafri to the post of professor,” it said.

The UGC said in view of this, the appointment made by the Executive Council of the university in respect of Dr Nazim Hussain Al-Jafri as a professor in the Department of History and Culture, without fulfilling the required qualification and selection procedure, is clearly in violation of the UGC Regulations of 2018. “It is humbly submitted that his appointment should be set aside, being an irregular appointment,” the written submissions stated, adding that UGC regulations are mandatory in nature and cannot be overlooked at any stage. It noted that all universities, institutions and colleges have been advised to strictly comply with them.

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The UGC, represented through Additional Solicitor General K M Natraj and standing counsel Apoorv Kurup, said it seeks to place its position/ stand before the court in the form of brief written submissions and urged the court to take them on record. A single judge of the high court had in February dismissed the plea challenging the appointment of the professor, saying no case was made out. It had noted the authorities have shown various instances where appointments of professors have been made across universities including JMI, Aligarh Muslim University and Maulana Azad National Urdu University.

The petitioner has challenged the entire decision making process culminating in the selection and appointment of Al-Jafri as a professor on the ground that it was done in flagrant violation or contravention and total non-compliance of the Statute of the Jamia Millia Islamia Act read with clauses of the UGC Regulations. Al-Jafti was also assigned additional responsibilities of Registrar at JMI. Advocate M Sarwar, representing petitioner Mohammad Javed Malik, said the university had issued advertisement in June last year inviting applications in various departments while laying down the eligibility criteria and qualifications for applicants. However, on January 20, this year, the Vice Chancellor of the university unilaterally appointed Al-Jafri by invoking Section 11(3) of the Jamia Millia Islamia Act. The JMI said Hussain had more than 35 years of vast experience in university administration and served different universities in various capacities.