MOHAMMAD JAVED MALIK Vs. JAMIA MILLIA ISLAMIA

JUDGEMENT

(1.) The This petition is filed with following prayers :

(2.) The petitioner seeks to challenge the entire decision making process culminating into the impugned selection and appointment of respondent No. 4 as a Professor in the Department of History & Culture, Jamia Millia Islamia - respondent/University being in flagrant violation/contravention and total non-compliance of the Statute-25 of the Jamia Millia Islamia Act, 1988 read with clauses 3.1, 3.2, 4.0, 4.1 (III) of the UGC (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the maintenance of standards in Higher Education) Regulations, 2018, besides being violative of Ordinance-15 (XV) of JMI Act, 1988 read with Atticle 14 and 16 of the Constitution of India and also ultra vires to Sec. -11(3) read with Statute-14(2)(II) of the JMI Act, 1988, as the same is a colorable exercise of power, being illegal, arbitrary, void ab initio.

(3.) It is alleged on 1/6/2021 the respondent/university issued an advertisement bearing Adv. No.05/2021-22, inviting applications in various departments of the University for the direct and open post of Professor, Associate Professor and Assistant Professor, laying down the eligibility criteria and qualifications desired from applicants, for which applications were received from various candidates and the last date of receipt of applications was 30/6/2021, including that of the post of professor in the Department of History & Culture, JMI.