The Delhi High Court has directed the heads of nine Jawaharlal Nehru University (JNU) centers against taking any “major decision”, saying their appointment by the Vice-Chancellor was prima facie without authority.
A division bench of Justice Rajeev Shakdher and Justice Talwant Singh said, “The law confers on the Executive Council the power to appoint.”
“The Vice-Chancellor is not vested with the power to appoint the Chairpersons of the Centres/Special Centres… Thus, the appointment of the Chairpersons of the Centres/Special Centers by Respondent No. 2 (Vice-Chancellor), as evident at this stage is, prima facie, without authority,” the High Court said.
The High Court’s order came during the hearing of an appeal against a single judge’s order refusing to stay the appointments on a plea by Professor Atul Sood.
The High Court said that it is “aware of the fact that the Centres/Special Centers require Chairpersons for effective functioning”.
It requested the single-judge bench, which was hearing the challenge to the appointments, to proceed with the hearing of the petition.
“Pending decisions in the writ petition, the nine (9) Chairpersons, who have been appointed .. (as stated) Minutes of the 296th meeting of the Executive Council, shall not take any major decision including the work relating to the conduct of the selection. High “To make committees and/or selections in respect of centres/special centres,” the court said in its October 26 order.
JNU’s counsel Monica Arora submitted that the power to appoint presidents at various centers is exercised by the vice-chancellor from time to time, which is then approved by the executive council.
Ms Arora said the single-judge bench had indicated that it would examine the aspect as to whether the VC can initiate the process of appointment of chairpersons in various centres/special centers under the provisions of the JNU Act.
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