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The Single Judge bench of Justice Prathiba M Singh has pulled up the administration of Jawaharlal Nehru University for its failure to act on the representation filed by batch of Students & Teachers Union seeking various directions including setting up of CoVID care facilities, CoVID response team & oxygen facilities in the university campus. 

“Considering the rigour of the current COVID-19 pandemic wave and the correspondence which has been placed on record, there is no doubt that the JNU administration ought to have reacted with swiftness and alacrity. The first letter was sent by the Petitioners i.e., the students and the teachers of JNU to the Administration on 13th April 2021, which shows that it has been almost a month, since they have been following up but the same has completely failed to evoke a response. If this is true, this would constitute gross neglect by the JNU administration in a situation which is completely alarming. The University is bound to take care of the health of the students and teachers, and make available the facilities, to the extent possible, within the University campus, especially considering the prevalent shortages for hospital beds etc.”, the Court noted. 

The petitioners submitted that they contacted the SDM for setting up isolation & quarantine facilities by writing letters to the authorities. They also requested the faculty of Centre for Social Medicine and Community Health to draw plans for CoVID care, submitted a proper proposal in this respect & also emphasised on a plan devised by the School of Life Sciences, JNU for producing oxygen within the campus. However the authorities did not respond to them despite repeated requests. 

Ld Counsel Ms Monika Arora appearing on behalf of JNU sought time for taking instructions from the relevant authorities. authorities. Counsel on behalf of GNCTD & the SDM submitted that if the administration permitted the authorities were willing to coordinate with the faculty, students & the administration to set up a CoVID care facility by attaching the same to some hospital. 

Taking note of the manner in which various organisations and institutions have gone out of their way, during the current pandemic, to make various facilities available to their employees and other stakeholders, in order to safeguard their health during the current surge of the COVID- 19 pandemic, the Court observed that JNU could not to be an exception in this regard. 

Thereafter the Bench issued the following directions: 

i) The Registrar, JNU to immediately give instructions to the ld. counsel, and file a status report, as to what are the steps taken by the administration of the JNU in respect of the requests made and letters written by the Petitioners to the administration, for dealing with the COVID-19 pandemic situation in the JNU campus since 2020 and especially since 13th April, 2021.

ii) The Vice Chancellor/Registrar of JNU to also ascertain the necessity and feasibility in respect of creation of the COVID care facility in the JNU campus and file a status report thereof. The report shall also take into consideration the proposals given by the Centre for Social Medicine and Community Health (CSMCH) as also the proposal for in- house production of oxygen, given by the School of Life Sciences. The authorities in JNU to consider if there is any modification required to the said proposals as has been suggested by the students and teachers associations. The modalities for creation of COVID care facility shall be mentioned in the report.

(iii) The SDM/ADM of the concerned area to also place on record a status report, as to whether such a COVID care facility can be created at JNU, in accordance with the guidelines applicable, and if so indicating the manner in which the doctors and paramedics, as also nurses, would be made available for the said facility, and whether they would be tied up with any particular hospital, and if so, name the said hospital after obtaining its concurrence. 

The Court also directed the Registrar of the University, to convene a meeting at 5 P.M on May 11, 2021 to be chaired by the Vice Chancellor along with the other internal administrative staff as also the concerned SDM/ADM of the area, to work out the formalities and the protocols, in this respect. Further directions were issued to also convene a second meeting chaired by the Vice Chancellor, other administrative staff, SDM/ADM concerned along with six representatives of the Students and the Teachers Union, as also the departments which have given the proposals, at 11 AM tomorrow, i.e. 12th May 2021, to discuss the said proposals/ letters for setting up of a COVID care facility in the JNU campus.

The matter is now listed for further hearing on May 13 at 2:30 PM.

Case Title: JNU Teachers Association through Moushumi Basu & Ors v JNU through Vice Chancellor & Ors| WP(C) 5263/2021