The Delhi High Court has sought the stand of Jamia Millia Islamia (JMI) on a petition challenging the varsity's order dissolving an association of its teachers. Justice Prathiba M Singh granted time to the respondent university on Wednesday, December 7, to file its response.
Singh asked JMI to place a copy of the report of a committee built to examine the constitution of the teachers association in a closed envelope. However, the judge remarked that she “agreed that there has to be an association of teachers”, as per a report by PTI.
Details of the petition
The petition was filed by Amir Azam, a former president of the Jamia Teachers' Association (JTA). He is a scientist who earlier worked as a professor in the Department of Chemistry at JMI. Azam said that the JTA was constituted in the year 1967 as an autonomous body and has operated as per its Articles of the Constitution since, towards the interests of the teachers.
The plea stated that its office bearers are duly elected by the members of the JTA but the VC "derailed" the election process this year and subsequently dissolved the association last month "illegally and arbitrarily". “Since JTA is an autonomous body and is governed by its constitution therefore it's trite in law that the JTA can only be dissolved in the manner prescribed in its Constitution. Therefore, the act of the Vice-Chancellor to dissolve the JTA and derail the election process on the recommendations of the Deans of Faculties is illegal and arbitrary,” the petition reads.
"The act of the University of issuing an advisory to the members of the association restraining them from attending the general body meeting of the JTA is in direct contravention of the fundamental rights of the members of the association to assemble peacefully and form associations. It is also contended the university's decision to constitute a committee to look into the shortcomings in the bylaws and the JTA constitution is completely arbitrary and liable to be set aside," it adds.
All in all, the plea claimed the university has no authority to interfere in the internal functioning of the JTA or to set up a committee to go into the shortcomings of its constitution. It was filed through Advocates Ch Animes Prusty and Mukul Kulhari. Advocate Abhik Chimni and senior advocate Kapil Sibal appeared on behalf of the petitioner. The latter argued that the teachers association could and was entitled to function independently of the university and the orders passed by the VC could not be sustained.
“Can you imagine that a teachers' association has been disbanded? What is the authority of the VC to do that?” Sibal asked. He emphasised that the teachers have the fundamental right to form an association under Article 19 (1) (c) of the Constitution, which is only subject to morality, public order and security of the State, as per PTI.
Next hearing?
The matter will be heard next on February 14. The court said that in the meantime, if a delegation of teachers wished to meet the Vice-Chancellor of JMI to resolve the issue, a meeting would be conducted in his office on December 20 at 11:30 am.
“The question that arises in the writ is two-fold. First, whether the petitioner can maintain the writ petition as he no longer works at the university. Two, whether the Jamia Teachers Association can function independently of the statute constituting the university, in the absence of a prohibition,” Singh observed.
