NEW DELHI: The Delhi High Court has issued notices to the Centre, Jamia Millia Islamia University, and other respondents seeking a response to a petition questioning the legality of the appointment of Professor Mazhar Asif as the Vice Chancellor (V-C) of the university.
The plea argued that the procedural aspects of Professor Asif’s appointment were flawed, citing irregularities in the formation of the search committee and the nomination of its chairperson.
The plea alleged that the Union education ministry played an ‘improper role’ in the process by influencing the Visitor of the University (President of India) to select a Chairman from among two candidates suggested by the Ministry. The petition contends that such ministerial interference violates legal provisions and Supreme Court rulings regarding university autonomy.
Representing Jamia Millia Islamia, Additional Solicitor General Chetan Sharma, along with Centre’s Standing Counsel Monika Arora, argued that the petition was not legally sustainable. Their objections included the petitioner’s locus standi (the legal standing to challenge the appointment).
They further objected to the limitations of a writ of quo warranto, which allows questioning of a public official’s authority but under strict legal grounds and confidentiality concerns, regarding “summary notes” attached to the petition, which the Centre had submitted to the President of India.
The government’s counsel demanded the petitioner explain how these documents were obtained and verify their authenticity. Additionally, Arora invoked Article 74(2), which shields ministerial advice given to the President from judicial review.
Appearing for the petitioner, Dr Amit George said any citizen can initiate a writ of quo warranto, as such petitions do not impose strict locus standi requirements. Regarding the contested documents, he maintained that they were available in the public domain.
After considering the arguments, Justice Prateek Jalan directed that four Executive Council members be added as respondents in the case.
The next hearing is scheduled for July 16, 2025, with responses sought from the Centre, the university, and other parties involved.
The plea contends that Professor Mazhar Asif’s selection as V-C was a misuse of power, carried out in bad faith and in violation of established statutory regulations. It argues that the appointment disregarded statute 2(1) of the Jamia Millia Islamia Act, 1988 and clause 7.3 of the UGC Regulations, 2018.