Dr. Ayesh Kidwai v. Jawaharlal Nehru University And ORS.

$~42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8168/2019 DR. AYESH KIDWAI ..... Petitioner Through Mr. Yashraj Singh Deora with Ms.

Sonal Mashankar, Advs.

versus JAWAHARLAL NEHRU UNIVERSITY AND ORS.

..... Respondents Through Ms. Monika Arora with Mr. Kushal Kumar, Advs. for R-1to3

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 29.07.2019 CM APPL. 33848/2019 (Exemption) Allowed, subject to all just exceptions.

This application is, accordingly, disposed of. W.P.(C) 8168/2019 & CMAPPL. 33847/2019 Case of the petitioner is that as per the practice and rules of the University, the Chairperson of the Centre is to be appointed amongst the professors as per the seniority from the centre itself whereas in the present case the respondent-university has proposed to appoint respondent no.3 who is from Persian Centre.

Learned counsel appearing for the respondent-university submits that under the Department of Language, there are 12 Centres and the Linguistic Centre is amongst those Centres.

The respondent no.3 is from Persian

Centre under the School of languages. Thus petitioner and respondent no.3 are from the same School but different centres. She further submits that the present petition is at the pre mature stage because the respondent no.3 is appointed as Chairperson of the Linguistic Centre as a temporary arrangement which has to be ratified by the Executive Council in the meeting to be held on 30.07.2019.

Counsel for the petitioner has drawn the attention on various appointments of the Chairperson in different centres and I find that all the Chairpersons are appointed from the same Centres itself, whereas the respondent no.3 is from the Persian Centre and is appointed Chairperson of the Linguistic Centre from which the petitioner belongs. Therefore, without issuing notice in the present petition, I hereby set aside order No.89/2019 dated 18.07.2019.

Since the decision on respondent no.3 is to be taken in the Executive Council meeting fixed for 30.07.2019, I hereby direct the Executive Council to appoint Chairperson from the Linguistic Centre itself in accordance with practice and the law.

As agreed by learned counsel for the parties, nothing remains in the present petition, the same is, accordingly, disposed of in view of above terms.

A copy of this order be given dasti to counsel for the parties under the signature of Court Master.

SURESH KUMAR KAIT, J JULY 29, 2019 ms