The Delhi High Court on Wednesday issued notice to Jamia Millia Islamia university on a public interest litigation (PIL) petition alleging that disproportionately large number of Muslim persons were recruited for outsourced posts in the university..The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia sought the response of the university as well as the private agency to which the university had outsourced the task of recruitment.The PIL alleged that Jamia engaged 720 candidates belonging to the Muslim religion as non-teaching staff, against 986 vacancies..The petitioner, Ram Nivas Singh, a section officer working at the Jamia University, stated that the petition would benefit candidates seeking fair recruitment at Jamia University..Senior Advocate Arun Bhardwaj, appearing for the petitioner, submitted that Jamia University was conducting recruitment in an arbitrary and discriminatory manner, violative of Articles 14 and 16 of the Indian Constitution.“Jamia University has resorted to outsourced agencies for recruitment of non-teaching course. There are around 900 posts, out of which 75% are of a particular religion. Even for teachers, guest teachers or law faculty, the entire list consists of one particular religion. My legal contention is this, Jamia is a central university. It is bound by its own act, and by Article 16 of Constitution. Article 16 prohibits discrimination in matters of public employment,” he stated. .Bhardwaj submitted that since Jamia University is a public university, it cannot overstep the constitutional barrier under Article 16. Thereby, in colorable exercise of its powers, it outsourced the recruitment process to a private agency called Everest Human Resource Consultants.“What they cannot do directly, they are doing indirectly. Whether the outsourced agency can function by crossing the limitations of Article 16? Whether you can engage an outsourced agency to violate the constitutional rights?” he stated..“Are you alleging that they have given instructions to the outsourcing agency to do this? Or is it a coincidence?” Justice Karia asked.Bhardwaj stated that the disproportionately large recruitment is not a mere coincidence but indicative of a systemic bias on part of the university.“It cant be a coincidence. It is on the record. Hundred percent [100%] is reserved for candidates of a particular religion. General public is entitled to these posts,” he responded. The Chief Justice rejected this submission stating, “No. There is no right to be engaged. Article 16 will not have application. State is not making any reservation.” .The Chief Justice also questioned the maintainability of the petition. “Can we issue writ to an outsourcing agency?” he asked.Bhardwaj responded by stating that though the outsourcing agency is not a state and hence not amenable to writ jurisdiction, Jamia University cannot ask its outsourced agency to do what it cannot do itself.After some arguments, the Court issued notice to Jamia University, the outsourced recruitment agency Everest Human Resource Consultants and the University Grant Commission.The matter will be heard next on September 11. .Senior Advocate Arun Bhardwaj was assisted by advocates Vaibhavi Mittal, Pallavi Awasthi and Gauran.
