$~66 and 67

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3528/2017
DR BISHNUPRIYA DUTT AND ORS ..... Petitioners
Through: Mr. Akhil Sibal, Sr. Adv. with
Mr. Abhik Chimni and Ms.Shriya, Advs.

versus

JAWAHARLAL NEHRU UNIVERSITY ..... Respondent

Through: Ms. Monika Arora, SC-JNU
with Mr. Harsh Ahuja, Mr. Kushal Kumar,
Mr. Praveen Singh, Advs. with Mr. Pramod
Kumar, Registrar (JNU) and Mr. Anil Bajaj,
A.R.(JNU)
+ W.P.(C) 11116/2017
DR. C.P. CHANDRASHEKAR AND ORS. ..... Petitioners
Through: Mr. Akhil Sibal, Sr. Adv. with
Mr. Abhik Chimni and Ms.Shriya, Advs.

versus

JAWAHARLAL NEHRU UNIVRSITY ..... Respondent

Through: Ms. Monika Arora, SC-JNU
with Mr. Harsh Ahuja, Mr. Kushal Kumar,
Mr. Praveen Singh, Advs. with Mr. Pramod
Kumar, Registrar (JNU) and Mr. Anil Bajaj,
A.R.(JNU)
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 08.05.2019
1. In order to obviate the necessity of having to repeat the order
dated 15th April, 2019, this order shall be read in continuation of the
said order.
2. I had, in my order dated 15th April, 2019, expressed a prima
facie view that no justifiable exemption could be taken to the power of
the Vice Chancellor to add names to the panel of experts, approved by
the relevant statutory body of the University. The matter was
adjourned only for this Court to have clarity on whether the panel,
which would include the names added by the Vice Chancellor, if any,
would have to be pass through the Academic Council as well as the
Executive Council, or only through the Executive Council.

3. Mr. Akhil Sibal, learned Senior Counsel appearing for the

petitioner has invited my attention to Regulation No. M(18) of the
Regulations governing the University which reads thus :

“M(18). VALIDITYOF PANELS OF EXPERTS AND

CREATION OF DATA BASE OF EXPERTS

'The Executive Council at its meeting held on 18.03.1978 has

Resolved that the panels of experts approved by the
Executive Council on the recommendations of the Academic
Council be kept valid for two years. Further resolved to
authorize the Vice-Chancellor to choose experts out of the
approved panels keeping in view their availability as well as
other related aspects.

The Executive Council at its Meeting held on 19.07.2001 has

resolved that the validity of existing panel after the expiry
will continue till a new panel is approved in the next meeting
of the Academic Council/Executive Council.

The Executive Council at- its meeting held on 4.01.2008 has

noted that with the creation of a data base of experts, a
permanent mechanism has been established and now the
approved panel of experts will not lapse on the completion of
two years term. The Deans and Chairpersons may now
 recommend additions/deletions as and when felt necessary. The
necessary changes in the data base of experts will be carried out
after the approval of Academic Council/Executive Council. The
Vice-Chancellor as Chairperson of Academic
Council/Executive Council has been authorized to update the
data base in consultation with Centers/Schools and nominate
experts on Selection Committees as and when needed by using
the data base and report the same to Academic
Council/Executive Council.”

4. He has also drawn my attention to the minutes of the 257th

Meeting of the Executive Council (EC) held on 11th May, 2015 of
Agenda Item 6.1 read with Annexure VII thereof indicates that the
Academic Council (AC) was recommending names for inclusion in
the panel of experts, for approval to the EC. He has also invited my
attention to Clause 15(3)(a) of the Statutes of the Jawahar Lal Nehru
University, (hereinafter referred to as “JNU”) formulated under
Section 13(2) of the JNU Act, 1966. Sub-clause (3) of Clause 15
may, for ready reference, be reproduced thus :
“(3) No member referred to in item (x) of Clause (1) shall
have the right to be present at the meeting of the Academic
Council when it takes up for consideration any of the
following subjects;

(a) Faculty positions, recruitment, conditions of service

and academic freedom;

(b) Actual processes of evaluating academic performance

and merit of students.”

5. Prima facie, a reading of the afore-extracted sub-clause (a) of

Clause 15 (3) of the statues governing the University indicates that
matters relating to recruitment and faculty positions is within the
domain of the AC.
6. At this stage, Ms. Monika Arora submits that it may not be
permissible to accord such an interpretation to Clause 15(3)(a) of the
statues, in view of the clear delineation of the powers and functions of
the EC and the AC, as conceptualised in Sections 12 and 13 of the
JNU Act. The said clause reads thus :
“12(1) The Executive Council shall be the Executive Body of
the University, and its constitution and the terms of office of
its members, other than ex-officio members, shall be
prescribed by the Statutes.

(2) It shall be in charge of the general management and

administration (including the revenue and property) of the
University.

13(1) The Academic Council shall be the academic body of

the University, and its constitution and the terms of office of
its members, other than ex-officio members, shall be
prescribed by the Statutes.

(2) The Academic Council shall, subject to the provisions

of this Act, the Statutes and the Ordinances, have the control
and general regulation, and be responsible for the
maintenance of standards of instruction, education and
examination within the University, and shall exercise such
other powers and perform such other duties as may be
conferred or imposed upon it by the Statutes.”

7. Ms. Arora submits that in her understanding, the selection of

teachers relates to administration of the University and would,
therefore, fall within the exclusive province of the EC, whereas the
jurisdiction of the AC would relate to matters relating to “education
and examination”.
8. I find it surprising that the JNU is seeking to argue contrary to
its own statutes. It may be questionable whether it is at all open to the
JNU to CONTEND that matters relating to recruitment and faculty
positions are outside the jurisdiction of the AC, when, by its own
statutes, specifically Clause 15(3)(a) thereof, the JNU had itself
conferred the said power on the AC.

9. That apart, even on merits, prima facie, the submission of Ms.

Arora does not warrant acceptance. The rather narrow interpretation
which Ms. Arora would seek to place on the word “administration”
would fly in the face of Section 13(2) of the JNU Act, which not only
confers power, on the AC, in matters relating to “maintenance of
standards of instruction, education and examination”, but also
empowers it to “exercise such other powers and perform such other
duties as may be conferred or imposed upon it by the Statutes”.
Clearly, therefore, where the Statutes of the JNU themselves confer,
on the AC, powers relating to recruitment and faculty positions, it is
not open to the JNU to contend otherwise.

10. Clearly, therefore, the panel of experts, to effect selections and

faculty positions, cannot be approved without being routed through the
AC.

11. At this stage, Ms. Arora, on instructions, again seeks to draw

attention to the decision taken at the 1041st Meeting of the Academic
Council held on 7th October, 2016 as well as its adjourned meeting
held on 20th October, 2016, figuring at page 149 of the paper book in
W.P.(C) 3528/2017. She specifically invites attention to agenda item
no.9 of the said meeting, the very title of which reads thus :

“09. Considered the revised Panel of Experts for faculty

positions additional/updated panel of experts received
from the Schools/Centres for approval of Academic
Council, and;”

12. A reading of the above extracted agenda item no.9 of the 1041 st
meeting of the AC would seem to indicate that the role of the AC may
not be limited only to recommendation but may also partake, to some
extent, of the character of approval.

13. Ms. Arora also invites my attention to Section 18 and 37(3) of

the JNU Act, and seeks to contend that, in exercise of the powers
conferred by the said provisions, the EC had amended the Clause M-
18 of the statutes, by the impugned decision, to permit direct approval,
by the EC, of the additions made by the Vice Chancellor, to the panel
of experts, without reading the same through the AC.

14. Prima facie, it may not be open to the University to do so, in

view of all that has been observed hereinabove, especially Clause
15(3)(a) of the Statutes governing the University, which contemplates
involvement of the AC in the matter of recruitment and faculty
positions in the University. This power, being clearly relatable to
Section 13(2) of the JNU Act, has to be accorded due respect.

15. In view thereof, I am of the opinion prima facie¸ that though, at

this stage, no occasion arises to interdict the power of the Vice
Chancellor to add or suggest names of the panel of experts, such
names, if added/suggested, would have necessarily to be first
recommended by the AC and thereafter, forwarded to the EC for
approval. This is what, according to me, the statutes governing the
Universities as well as the various decisions taken from time to time,
seems to suggest as the correct procedure to be followed.

16. In view thereof, CM No.17195/2019 is disposed of in the above

terms :
(i) The Court is not inclined at this stage, to stay the amendment to
the Regulation M-18 as carried out by the impugned resolution 6.11,
taken at the 269th Meeting of the Executive Council on 18th
September, 2017, to the extent it authorises the Vice Chancellor to
add/suggest names for addition to the panel of experts, for recruitment
to faculty positions in the University.
(ii) However, the panel, including the names added by the VC, if
any, would have to be recommended by the Academic Council and,
thereafter put up to the Executive Council for approval, and it is only
thereafter that the panel could operate for effecting selections to
faculty positions.

17. Needless to say, this interim order would abide by the outcome
of the writ petition.

W.P.(C) 3528/2017 and W.P.(C) 11116/2017

18. Pleadings are complete.
19. List for disposal at the end of the board on 13 th August, 2019.
Not be shown as part-heard.

Dasti.

C.HARI SHANKAR, J
MAY 08, 2019/kr