Delhi High Court quashes Jamia Millia Islamia's order disbanding Jamia Teachers Association

The Delhi High Court on Tuesday quashed the Jamia Millia Islamia’s decision to disband the Jamia Teachers Association (JTA) [Jamia Teachers Association v Jamia Millia Islamia].

Justice Sachin Datta held that while the University may possess broad statutory powers, such powers must be exercised in conformity with constitutional values and natural justice, not as tools to override fundamental rights of the teachers’ association. 

“The respondent’s contention that Article 1 of the JTA Constitution, stating that the Association is established in accordance with the provisions of the Jamia Millia Islamia Act, necessarily subjects the JTA to the University’s recognition and control, is also unsustainable. Such reference to the JMI Act, 1988, merely acknowledges the statutory backdrop for the Association’s formation and does not imply subjugation to the University’s regulatory control,” the Court observed. 

Therefore, the Court set aside the officer orders dated November 17, 2022, November 18, 2022, and the advisory dated November 18, 2022.

JTA had approached the High Court challenging the orders and the advisory. The dispute arose when Jamia Millia Islamia issued office orders dissolving the JTA, sealing its office, nullifying its scheduled elections, and restraining teachers from using the association’s premises or finances. 

The university claimed the appointment of the association’s Returning Officer to conduct the election was illegal and cited its statutory powers under the Jamia Millia Islamia Act, 1988 to regulate or dissolve teacher bodies for institutional discipline. 

In response, JTA argued that these actions were arbitrary and violated their constitutionally protected rights to freely associate and self-govern.

Ultimately, the High Court agreed with the JTA. 

“In the present case, the impugned action/s of the respondent University do not cite any exigency contemplated in Article 19(4) of the Constitution of India, rather the said actions appear to be administrative in nature, bearing no rational nexus to a legitimate regulatory purpose,” the Court said. 

It added that unilateral formulation and approval of a revised Constitution for JTA without consultation or consent of its members undermined the autonomy of the association and violated the right to self-governance inherent in Article 19(1)(c) of the Constitution of India.

Advocates Abhik Chimni, Gurupal Singh, Pranjal Abrol, Shreya Bajpai and Rishabh Gupta appeared for the Jamia Teachers Association. 

Jamia Millia Islamia was represented through Standing Counsel Pritish Sabharwal and advocate Shweta Singh. 

[Read Judgment]