Delhi High Court Quashes Jamia Millia Islamia's Order Dissolving Jamia Teachers Association, Calls It Abrogation Of Fundamental Rights

The Delhi High Court has quashed two office orders and an advisory issued by Jamia Millia Islamia, dissolving the Jamia Teachers Association (JTA), an autonomous body of varsity teachers constituted in the year 1967 and administered through an Executive Committee elected by its members.Justice Sachin Datta found the varsity's action violative of JTA's fundamental right to self-governance under Article 19(1)(c) of the Constitution.Article 19(1)(c) encompasses the right to form and run an association.The varsity had however nullified JTA's upcoming elections and disbanded the association in November 2022 citing “institutional discipline” and “alignment with statutory norms”.JMI contended that the JTA Constitution was not formally recognized under any statutory authority of the varsity. Reliance was placed on Section 23(j) of the Jamia Millia Islamia Act, 1988, to assert that the University possesses the authority to establish, recognize, regulate, and, if necessary, dissolve associations of teachers and staff.It also cited Section 6(xxiv) of the Act which empowers the University “to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University”. The High Court however assessed the extent of interference permissible in the internal affairs of JTA given the constitutional guarantee enshrined in Article 19(1)(c) and observed,“the impugned action/s of the respondent University do not cite any exigency contemplated in Article 19(4) of the Constitution of India, rather the said actions appear to be administrative in nature, bearing no rational nexus to a legitimate regulatory purpose.”The Court also observed that JMI's reliance on Section 6(xxiv) was misplaced as powers under the provision must be exercised in conformity with the constitutional framework and the principles of natural justice. “Section 6(xxiv) cannot be invoked to override or abrogate the petitioner's fundamental rights,” it said.JMI averred that pursuant to the recommendations of a Committee constituted by the Vice-Chancellor, a revised Constitution for the JTA was formulated to ensure transparency and accountability in the functioning of the Association.The High Court was however of the view that such “unilateral” formulation and approval of a revised Constitution for JTA, without consultation or consent of its members, undermines the autonomy of the Association.“The respondent's contention that Article 1 of the JTA Constitution, stating that the Association is established in accordance with the provisions of the Jamia Millia Islamia Act, necessarily subjects the JTA to the University's recognition and control, is also unsustainable. Such reference to the JMI Act, 1988, merely acknowledges the statutory backdrop for the Association's formation and does not imply subjugation to the University's regulatory control,” the Court said and quashed the impugned orders.Appearance: Mr. Abhik Chimni, Mr. Gurupal Singh, Ms. Pranjal Abrol, Ms. Shreya Bajpai and Mr. Rishabh Gupta, Advs. for Petitioner; Mr. Pritish Sabharwal, Standing Counsel and Ms. Shweta Singh, Advocate for RespondentCase title: Jamia Teachers Association v. Jamia Millia IslamiaCitation: 2025 LiveLaw (Del) 1400Case no.: W.P.(C) 1490/2023Click here to read order

Delhi High Court Quashes Jamia Millia Islamia's Order Dissolving Jamia Teachers Association, Calls It Abrogation Of Fundamental Rights

LIVELAW NEWS NETWORK

Tags