HC restrains chairpersons of nine centres at JNU from taking major decisions

The court clarified that the views are only prima facie and the single judge will decide the writ petition on merits, after hearing both sides

The Delhi High Court has restrained the heads of nine JNU centres from taking any “major decisions”, saying that their appointment by the varsity's Vice-Chancellor was prima facie without any authority.

A bench presided over by Justice Rajiv Shakdher said that the Vice-Chancellor is not vested with the power to appoint chairpersons of centres or special centres as the JNU statute confers the power of appointment on the Executive Council.

The bench, also comprising Justice Talwant Singh, was dealing with an appeal against a single judge order which had refused to grant a stay on the appointments on a petition by Professor Atul Sood.

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The bench said it was “cognizant of the fact that the Centres/Special Centres need Chairpersons for effective functioning”, so it asked the single judge, who is hearing the challenge to the appointments, to advance the hearing on the writ petition.

“We are prima facie of the view that the Vice-Chancellor is not vested with the power to appoint chairpersons of centres/special centres. The statute confers the power of appointment on the Executive Council. Thus, clearly, the appointment of chairpersons of centres/special centres is, as is evident at this stage, prima facie, without authority,” the bench said in its order dated October 26.

The court, however, clarified that the views are only prima facie and the single judge will decide the writ petition on merits, after hearing both sides.

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Lawyer Abhik Chimni, representing the appellant, said that the exercise of the power of appointment in the present case by the Vice-Chancellor was null and void in law and such a decision could not have been approved by Executive Council subsequently.

JNU counsel Monika Arora, for her part, contended that the power to appoint chairpersons to various centres is exercised by the Vice-Chancellor from time to time, which is subsequently ratified by the Executive Council.

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