Jamia Milia Islamia cannot use Court’s shield to get money from UGC: Delhi High Court

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Synopsis

The court was hearing an application moved by Jamia Milia Islamia in an already pending petition by professor Sabiha Hussain working as the director of the Sarojini Naidu Centre, seeking payment of her salary.

The Delhi High Court on Friday observed that the Jamia Milia Islamia cannot use Court’s shield to get money from the University Grants Commission (UGC).

Court was hearing an application moved by Jamia Milia Islamia in a pending petition by professor Sabiha Hussain working as the director of the Sarojini Naidu Centre, seeking payment of her salary.

A Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad while rejecting a plea by Jamia to direct the commission to release funds for the Sarojini Naidu Centre for Women Studies, noted that the aforementioned application is nothing more than an attempt to avoid the earlier order passed by the High Court, which was a consent order.

The University stated that Hussain’s salary could not be paid because the UGC has yet to provide the necessary funding, either through the regular budget or through the 'Development of Women Studies in Indian Universities' scheme.

The University had sought directions from the Court to order the commission to release the funds, which totaled nearly 6 crores.

However, the Court inquired from the University's counsel whether the Vice-Chancellor, Registrar, and other officials were paid. The counsel replied in the affirmative.

Chief Justice Sharma then stated that if this is the case, the university can sell its properties and pay the money to the professor, or the Vice-Chancellor and Registrar should forego their salaries and pay the teacher first.

Court also noted that during the previous hearing, Jamia made a categorical statement that it would pay all dues to Hussain, with an assurance that she will be paid regularly each month. 

Case Title: Prof Sabiha Hussain v. Jamia Milia Islamia and Ors.