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The Delhi High Court today issued notice in a plea that challenged the decision making process in selection and appointment of Dr. Shahid Akhter as Member of National Commission for Minority Educational Institutions (NCMEI).

The Single Judge Bench of Justice V Kameswar Rao sought the reply of the Union of India, Jamia Millia Islamia, National Commission for Minority Educational Institutions and Dr. Shahid Akhter and also granted six weeks’ time for filing counter affidavit in the matter. Two weeks’ time has also been granted for filing rejoinder.

The plea has been filed by one Zarmina Israr Khan, an Economics graduate, who holds an M.A. in Dalit and Minority Studies and an M.Phil. in African Studies from Jawaharlal Nehru University, Delhi.

The petitioner in his plea while raising substantial questions of law that pertained to grave public importance, sought an appropriate writ, order, direction or declaration in the nature of quo warranto assailing the legality and validity of the impugned appointment of Dr. Shahid Akhter, as one of the Members, National Commission for Minority Educational Institutions on multiple counts, as

1. There was no constitution of the Search Committee,
2. There was no notification / advertisement issued for the post of Member, NCMEI.

As per the plea, Dr. Shahid Akhter was appointed as a Professor through open Selection Committee (direct recruitment) at the Centre for Management Studies, Jamia Millia Islamia, New Delhi, in 2019.

Thereafter, vide an Gazette notification dated August 17 issued by the Department of Higher Education, Ministry of Education, Akhter was appointed as a Member, National Commission for the Minority Educational Institutions (NCMEI), New Delhi.

The petitioner averred in his plea that, the selection process was violative of Articles 14 and 16 of Indian Constitution, lacks transparency and thus ultra vires,

"The decision – making process in selecting and appointing Dr. Shahid Akhter as Member, NCMEI on the ground that it was not an informed process, as no notification / advertisement for the post of Member was ever issued by the Ministry of Education hence being violative of Article 14 and 16 of the Constitution of India and an appointment which is made without the issuance of an advertisement or notification, suffers from a lack of transparency and objectivity and, hence, is ultra vires Articles 14 and 16 of the Constitution of India.”

Subsequently, he contended that the entire process culminating into the impugned appointment of Dr. Shahid Akhter was a colorable exercise of power and in flagrant violation and total non-compliance of the statutory provisions contained in Clause – 3, 4 and 5 of the NCMEI Act, 2004 read with Article – 14 and 16 of the Constitution of India, 1950.

The next hearing is expected to be on February 14.

Cause Title – Zarmina Isar Khan vs Union of India