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1998 DIGILAW 410 (DEL)

MIRA SINGH v. JAMIA MILLIA ISLAMIA

1998-05-19

B.K.RAMAMOORTHY

body1998
K. RAMAMOORTHY ( 1 ). THE petitioner applied for the post of Lecturer to the respondent, University. She was not selected and, therefore, she has approached this Court for relief. ( 2 ). ACCORDING to the petitioner, she was working as a Research Associate in the University and she must have been continued by selecting her or she must have been regularised. , The learned senior counsel, Mr. Madan Lokur put forth three points. First, the petitioner ought to have been regularised. Second, the Selection Committee was not constituted in accordance with law, and third, persons selected were not fully qualified and their selection was not valid. The learned senior counsel submitted that on the third point, the petitioner does not press the case against respondents 4 and 5 but the third respondent is not qualified to be appointed ( 3 ). The main thrust of the argument of Mr. Lokur, Learned Senior Counsel for the petitioner, was that Statute 25 has not been followed in making the selection and, therefore, the whole selection is bad ( 4 ). The first respondent submitted that every thing was done in accordance with law and the very selection was subject matter of decision by this Court which is reported in 1995 Apex Decision (Delhi) 841,"dr. (Mrs.) Sushma Suri Vs. Jamia Millia Islamia and Others and, therefore, the same matter cannot be agitated by the petitioner. Mr. Madan Lokur, Learned Senior Counsel for the petitioner, referring to Statute 25, stated that a very important aspect was not brought to the notice of the Division Bench and, therefore, that requires reconsideration. Statute 25 reads as under:- "1 There shall be Selection Committee for making recommendation to the Majlis-i-Muntazimah (Executive Council) for appointment to the posts of Professors, Readers, Lecturers, Librarians, Registrar, Finance Officer and Principals of Institutions maintained by the University. 2. THE Selection Committee for appointment to the posts specified in column (1) of the Table below shall consist of the Shaiku-ul-Jamia (Vice-Chancellor), Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor), a nominee of the Visitor and the persons specified in the corresponding entry in column (2) of the said Table: Provided that where the appointment of teacher is to be made in an Institution, the Principal of that Institution shall also be an ex-officio member of the Selection Committee constituted for such appoint:- Professor (i) The Head of the Department concerned, if he is a Professor. (ii) One Professor to be nominated by the Shaikh-ul- Jamia (Vice-Chancellor ). (iii) Three persons not in the service of the University, nominated by the Majlis-i-Munta- zimah (Executive Council) out of a Panel of names recommended by the Majlis-i- Talimi (Academic Council) for their special knowledge of, or interest in, the subject with which the Professor will be concerned. Reader/ (i) The Head of the Depart- Lecturer ment concerned. (ii) One Professor to be nominated by the Shaikh-ul- Jamia (Vice-Chancellor ). (iii) Two persons not in the service of the University, nominated by the Majlis-i-Munta- zimah (Executive Council) out of a Panel of names recommended by the Majlis-i- Talimi (Academic Council) for their special knowledge of, or interest in, the subject with which the Reader/lecturer will be concerned. Mussajil (i) Two members of the (Registrar)/ Finance Council) Muntazimah (Executive nominated by Officer it. (ii) One person not connected with University nominated by the Majlis-i-Muntazimah (Executive Council ). Librarian (i) Two persons not in the service of the University, who have special knowledge of the subject of Library Science/ Library Administration to be nominated by the Majlis-i- Muntazimah (Executive Council ). (ii) One person, not in the service of the University, nominated by the Majlis-i-Muntazimah (Executive Council ). Principal Three persons not in the service of the Univer of an-Institution sity of whom two shall be the Majlis-i-Munta-by the maintained by the zimah (Executive University Council) and one University Majlis-i-Talimi (Academic Council) for their special knowledge of, or interest in, a subject in which instruction is being provided by the Institution. Principal, (i) The Dean, Faculty of Senior Education. Secondary School. (ii)Thres persons, who are Headmaster, not employees of the Middle Jamia and not members School, of the Majlis-i-Talimi, Director, out of whom two be no- Nursery minated by the Shaikh- School, and ul-Jamia out of a panel Director, of 7 persons to be sug- Balak Mata gested by the Majlis- Centre. i-Talimi and one be nominated by the Majlis-i- Muntazimah. Other (i) The Dean, Faculty of Teacher Education. (ii) The Head of the School concerned. (iii) One person, who is not engaged in teaching at the Jamia and not member of the Majlis-i-Muntazimah or the Majlish -i-Talimi, be minated by the Shaikh- ul-Jamia out of a panel of four persons for their experience of school education and administration. Other (i) The Dean, Faculty of Teacher Education. (ii) The Head of the School concerned. (iii) One person, who is not engaged in teaching at the Jamia and not member of the Majlis-i-Muntazimah or the Majlish -i-Talimi, be minated by the Shaikh- ul-Jamia out of a panel of four persons for their experience of school education and administration. Library The Majlis-i-Muntazimah Staff will appoint a permanent Selection Committee for the Library Staff, other than Library (from time to time), Adminis- The Majlis-i-Muntazimah trative will appoint a perma- Staff nent Selection Committee for the Administrative Staff, (from time to time ). (3) The Shaikh-ul-Jamia (Vice-Chancellor) or in his absence, the Naib Shaikh-ul- Jamia (Pro-Vice Chancellor) shall preside at the meeting of the Selection Committee. (4) The meetings of the Selection Committee shall be convened by the Shaikh- ul-Jamia (Vice-chancellor) or in his absence by the Naib-Shaikh-ul-Jamia (Pro- Vice-Chancellor ). (5) The procedure to be followed by a Selection Committee in making recommendations shall be laid down in the Ordinances. (6) If the Majlis-i-Muntazimah (Executive Council) is unable to accept the recommendations made by the Committee, it shall record its reasons and submit the case to the visitor for final orders. (7) Appointments to temporary posts shall be made in the manner indicated below:- (1) If the temporary vacancy is for a duration longer than one academic session, it shall be filled on the advice of the Selection Committee in accordance with the procedure laid down in the foregoing clauses: (ii) If the temporary vacancy is for a period less than one academic session an appointment to such vacancy shall be made on the recommendation of a Local selection Committee consisting of the Dean of the Faculty, the Head of the Department and a nominee of the Shaikh-ul-Jamia (Vice-Chancellor ). Provided further that in case of sudden casual vacancies of teaching posts caused by death or any other reason, the Dean, may in consultation with the Head of the Department concerned, make a temporary appointment for a month end report to the Shaikh-ul-Jamia (Vice-chancellor) and the Musajjil (Registrary) about such appointment. Provided further that in case of sudden casual vacancies of teaching posts caused by death or any other reason, the Dean, may in consultation with the Head of the Department concerned, make a temporary appointment for a month end report to the Shaikh-ul-Jamia (Vice-chancellor) and the Musajjil (Registrary) about such appointment. (iii) No teacher appointed temporarily shall, if he is not recommended by a regular Selection Committee for appointment under these Statutes, be continued in service on such temporary employment, or given a fresh appointment unless he is subsequently selected by a local Selection committee or a regular Selection Committee, for a temporary or permanent appointment, as the case may be. (8) Notwithstanding anything contained in the foregoing clauses, the Majlis-i- Muntazimah (Executive Council) may invite a person of high academic distinction and professional attainment to accept a post of Professor in the University, on such terms and conditions as it deems fit, and on the person agreeing to do so, appoint him to the post. (9) The Majlis-i-Muntazimah (Executive Council) may appoint a teacher or any other academic staff working in any other University or Institution for undertaking a Joint project, in accordance with the manner prescribed in the Ordinance. Note:- 1. Where-the appointment is being made for an inter-disciplinaryproject, the Head of the Project shall be deemed to be the Head of the Department concerned. 2. The Professor to be nominated shall be a Professor concerned with the speciality for which the selection is being made and that the Shaikh-ul-Jamia (Vice-Chancellor) shall consult the Head of the Department and the Dean of the Faculty before nominating the Professor. 10. The Majlis-i-Muntazimah (Executive Council) may appoint a person selected in accordance with the procedure laid down in the foregoing clauses for a fixed tenure on such terms and conditions as it seems fit. " ( 6 ). The Learned Senior Counsel, Mr. Madan Lokur, submitted that note 2 mentioned after paragraph 9 would cover the selection. Per contra, Mr. B. B. Sawhney, learned counsel for the first respondent, submitted that notes 1 and 2 would cover only the cases coming within paragraph 9 and they would not apply to the selection. ( 7 ). The Learned Senior Counsel, Mr. Lokur, submitted that the crucial aspect of the applicability of note 2 to the selection was not considered by the Division Bench. ( 7 ). The Learned Senior Counsel, Mr. Lokur, submitted that the crucial aspect of the applicability of note 2 to the selection was not considered by the Division Bench. There is another judgment referring to the Division Bench reported in 1996 4 Apex Decision (Delhi) 481, "amin Zehra Rizvi Vs. Jamia Millia Islamia. ( 8 ). The Learned Senior Counsel, Mr. Madan Lokur, submitted that the judgment of the Division Bench referred to by the learned counsel for the first respondent has to be considered afresh in the light of note 2, referred to above, and this Court can place the matter before My Lord the Chief Justice for the constitution of a larger Bench for considering the matter. The learned senior counsel, Mr. Lokur, referred to the judgment of the Supreme Court reported in 1968 1 SCR 455 , "tribhuvandas Purshottamdas Thakur Vs. Ratilal Motilal Patel . ( 9 ). I am not able to accept the submission of the learned senior counsel. Once the very selection was the subject matter of the decision of this Court, the same cannot be re-agitated at the instance of another candidate. Judicial discipline demands that I should follow the judgment of the Division Bench. Accordingly, the writ petition is dismissed. ( 10 ) THERE shall be no orders as to costs. ( 11 ) DASTI to counsel for the petitioner.