'Executive Resolution Cannot Override Recruitment Rules': Delhi High Court Directs Jamia To Consider Assistant Librarians For Promotion
The Delhi High Court has held that the executive decision of the University cannot override existing Recruitment Rules unless formally amended.
The division bench of Justices Subramonium Prasad and Vimal Kumar Yadav thus dismissed an appeal filed by Jamia Millia Islamia, against a Single Judge order directing it to consider eligible Assistant Librarians for promotion to the post of Deputy Librarian.
The University had contended that pursuant to a resolution of its Executive Council, the post was to be filled through 100% direct recruitment— thus excluding promotion.
Rejecting the University's contention, the High Court reiterated that Recruitment Rules— University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the maintenance of Standards in Higher Education) Regulations, 2010, govern appointments and promotions unless they are duly amended.
“It is an undisputed position that as per the existing recruitment rules, appointment to the post of Assistant Librarian was 50% through direct recruitment and 50% by promotion…there is nothing in Clause 4.5 of the 2010 Regulations which provides that appointment to the post of Assistant Librarian would only be done through direct recruitment,” it observed.
As such, the High Court held that Jamia was bound to consider eligible Assistant Librarians for promotion. The appeals were accordingly dismissed.
Appearance: Mr. Pritish Sabharwal, Mr. Sanjeet Kumar, Mr. Shiv Chopra and Ms. Shweta Singh, Advocates for Appellant; Mr. Shamshad, Senior Advocate with Mr. Siddharth Agarwal, Mr. Syed Hamza Ghayour and Ms. Zev Hasan, Advocates for R-1 to R-4.
Case title: Jamia Millia Islamia v. Roshan Ara & Ors.
Case no.: LPA 476/2025