NEW DELHI: A week after Jamia Millia Islamia Vice-Chancellor (V-C) Najma Akhtar’s tenure ended and Pro V-C Eqbal Hussain was appointed as the officiating V-C till a new individual took over, senior faculty members expressed concern over the development and demanded the withdrawal of what they alleged is an “erroneous” order.
Akhtar’s tenure had ended on November 10 following which the office of the Registrar issued an order dated November 12 stating that consequent upon the completion of tenure of Professor Najma Akhtar as V-C, Professor Hussain shall discharge the duties of officiating V-C in accordance with the provisions of the Jamia Act 1988.
A senior professor at the university said on the condition of anonymity, “The order regarding officiating Vice Chancellor is erroneous and should be withdrawn in the light of relevant statutes. The Jamia Act and statutes clearly spells out that the appointment of Pro V-C shall be done by the executive council on the recommendations of the Vice Chancellor.
However, till the expiry of the term of the former Vice Chancellor, the appointment of Pro V-C neither has been reported, nor made an agenda of the EC meeting. Thus the term of the Pro V-C whose appointment was not ratified by the EC in any case shall come to an end with completion of the term of the Vice Chancellor.”
As per the Jamia Act, the term of Naib Shaikh ul Jamia shall be such as may be decided by the executive council but it shall not exceed in any case, five years or until the expiration of the term of office of the Vice Chancellor whichever is earlier and he shall be eligible for reappointment.
The office of the Registrar through its order dated September 14, 2023, clearly stated that the term of Pro V-C will last till the expiry of the term of the present Vice-Chancellor or till she attains the age of 65 years or till further order, whichever is earlier. The order had also stated that the position of the Pro V-C would terminate along with the completion of the term of Vice-Chancellor.
HANDING OVER OF CHARGE TO PRO-VICE CHANCELLOR AS OPER JMI ACT AND STATUTE
It is stated that under Statute 2 of the JMI Act, 1988, if the office of the Vice-Chancellor falls vacant then such duties shall be discharged by the Pro-Vice-Chancellor and he shall be designated as the Officiating Vice-Chancellor until a new Vice-Chancellor assumes office.
The relevant statute has been reproduced herein:
1. THE SHAIKH UL JAMIA (VICE-CHANCELLOR)
(*) If the office of the Shaikh-ul-Jamia (Vice-Chancellor) becomes vacant due to his death, resignation or otherwise or if he is unable to perform his duties owing to absence, illness or any other cause, the Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor) shall discharge the duties of the Shaikh-ul-Jamia (Vice- Chancellor) and will be designated as Qaim Maqam Shaikh-ul-Jamia (Officiating Vice-Chancellor) until a new Shaikh-ul-Jamia (Vice-Chancellor) assumes office or the existing Shaikh-ul-Jamia (Vice-Chancellor) attends to the duties of his office as the case may be.
Furthermore, Statute 4(2) states that the Pro-Vice-Chancellor while performing the duties of Shaikh-ul-Jamia under Statute 6(2) shall continue in office notwithstanding the expiration of the term of office until a new Vice-Chancellor or Shaikh-ul-Jamia, as the case may be, assumes office.
The relevant statute has been reproduced herein under:
(2) the term of office of the Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor) shall be such as may be decided by the Majlis-i-Muntazimah (Executive Council) but it shall not, in any case, exceed five years or until the expiration of the term of office of the Shaikh-ul-Jamia (Vice-Chancellor) whichever is earlier, and he shall be eligible to re-appointment:
Provided that Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor) shall retire on attaining the age of sixty-five years:
Provided further that the Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor) shall, while discharging the duties of Shaikh-ul-Jamia (Vice-Chancellor) under clause (6) of statute 2, continue in office notwithstanding the expiration of the term of office until a new Shaikh-ul-Jamia (Vice-Chancellor), or the Shaikh- ul-Jamia (Vice-Chancellor) as the case may assume office.