Delhi High Court holds appointment of 9 Chaipersons of various Centres by JNU Vice-Chancellor to be without authority

Noting that the Vice-Chancellor of Jawaharlal Nehru University is not vested with the power to appoint Chairpersons of Centres/ Special Centres, the Delhi High Court has held such appointment to be without authority.

A Bench of Justices Rajiv Shakdher and Talwant Singh held so while hearing an appeal filed against an interlocutory order whereby  a single judge declined to grant stay qua the appointment of nine professors as Chairpersons of various Centres/Special Centres by the Vice-Chancellor of JNU.

Advocate Abhik Chimni, appearing for the appellant submitted that, the exercise of power by the Vice-Chancellor was in complete violation of Statute 18(2)(c)(I) of the Statutes of the University, under the JNU Act, 1966.

He contended that the power of appointment of Chairperson was expressly conferred on the Executive Council. 

Chimni further submitted that, in order to get over a serious legal lacuna, approval qua the appointments was obtained from the Executive Council, at its 296th meeting held on September 2, 2021.

Standing Counsel for JNU, Monika Arora submitted that since nine appointees were already in place, and as they had not been made parties to the instant proceedings, no interference was called for.

She further told the Court that the learned single judge indicated that, he would examine the aspect as to, whether the Vice-Chancellor of JNU could at all, initiate the process of appointment of Chairpersons to various Centres/Special Centres, under the provisions of Statute 18(2)(c)(I) of the Statutes of the University.

Adverting to Arora's argument that the Vice Chancellor had exercised powers under Statute 4(5) of the Statute of the University, the Court noted that the Vice-Chancellor under said provision could exercise the powers, where immediate action is required on account of emergent situation, which then is reported to the concerned authority for obtaining its approval.

Accordingly, the Court said,

"...we are prima facie of the view that respondent no.2 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."

The Bench thus ordered,

"Pending decision in the writ petition, the nine (9) Chairpersons, who have been appointed, and whose names are set out in Annexure P21 of the case file i.e., Minutes of the 296th meeting of the Executive Council, 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 has also requested the single judge to advance the hearing in the writ petition and has listed the matter before the single judge for directions, on November 10, 2021.

Cause Title: ATUL SOOD v. JAWAHARLAL NEHRU UNIVERSITY THROUGH REGISTRAR & ANR.