Proper Selection Process Key to Continuity: Supreme Court on JMI Professors.
15 April 2024
Employee Related >> Corporate Law | Education >> Miscellaneous
The Supreme Court of India has ruled in favor of three professors at Jamia Millia Islamia University (JMI), ordering their reinstatement after the university discontinued their services following a merger.
Facts:
Sabiha Hussain, Meher Fatima Hussain, and Suraiya Tabassum were appointed as professors at JMI's Sarojini Naidu Centre for Women's Studies in December 2016 through a standard selection process. Though their appointment letters mentioned a time frame, the University Grants Commission (UGC) approved merging these positions into JMI's regular faculty in April 2019. The UGC's approval included continuing professors appointed through a proper selection process, like Sabiha, Meher, and Suraiya.
However, JMI chose not to continue them and instead initiated a fresh selection process for the positions. The professors challenged this decision in the High Court, arguing that their appointments were regular and should be upheld. The High Court dismissed their petitions.
Supreme Court Upholds Professors' Rights:
The Supreme Court overturned the High Court's decision and ruled in favor of the professors. The Court acknowledged that their appointments followed a proper selection process in 2016 and that UGC's approval for the merger included continuing such professors. The Court determined that JMI's decision to discontinue them was unfair and violated their right to equality before law under Article 14 of the Indian Constitution.
Conclusion:
The Supreme Court ordered JMI to reinstate Sabiha, Meher, and Suraiya within three months. However, they won't receive back pay or allowances for the period they weren't working. Additionally, any disciplinary proceedings initiated against them before their discontinuation can continue.
It is important to note that this judgement applies only to these three professors. If JMI has already filled those positions through a new selection process, the new appointees' job status depends on the outcome of this case. JMI can consider accommodating the new appointees in other vacant positions if available.
This judgement upholds the rights of professors appointed through a proper selection process during university mergers. It ensures fairness and continuity in academic appointments at JMI and potentially sets a precedent for similar cases in other universities.