The Delhi High Court has quashed Jamia Millia Islamia’s (JMI) decision to dissolve the Jamia Teachers Association (JTA), an autonomous body of the university’s teachers established in 1967, calling the move a violation of the association’s constitutional right to self-governance under Article 19(1)(c) of the Indian Constitution, Live Law reported.
Justice Sachin Datta, delivering the verdict, held that the university’s decision to nullify JTA’s elections and disband the body in November 2022, citing “institutional discipline” and “alignment with statutory norms”, had no lawful basis and infringed on the teachers’ right to form and run an association.
JMI had argued that the JTA’s constitution was not recognized under any statutory provision of the university and relied on Section 23(j) and Section 6(xxiv) of the Jamia Millia Islamia Act, 1988, to claim authority to regulate or dissolve associations.
However, the High Court rejected this argument, stating that such provisions must operate within constitutional limits and cannot override fundamental rights.
“The impugned actions of the respondent University do not cite any exigency contemplated in Article 19(4) of the Constitution of India; rather, they appear administrative in nature, bearing no rational nexus to a legitimate regulatory purpose,” the court observed.
The bench further held that JMI’s unilateral formulation of a revised JTA Constitution, without consultation or consent of its members,“undermines the autonomy of the Association.”
It added that a reference to the JMI Act in the JTA’s founding document “merely acknowledges the statutory backdrop for its formation and does not imply subjugation to the University’s control.”
Consequently, the High Court quashed the university’s office orders and advisory, restoring the JTA’s independent status.
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