The Supreme Court reinstated Meher Fatima Hussain and others to their respective faculty posts at Jamia Milia Islamia University. The appellants were previously appointed on tenure posts under the University Grants Commission (UGC) scheme but were removed following the expiration of the XII Plan and the University’s decision to initiate fresh recruitment. The Court found that the appellants' appointments were made through a regular selection process and that their removal was arbitrary and in violation of Article 14 of the Constitution. While allowing the university to proceed with disciplinary inquiries against the appellants, the Court ruled that they must be reinstated within three months.

1. Background of the Case:

• Appellants: Meher Fatima Hussain and others were appointed to various academic posts at Jamia Milia Islamia University under the UGC scheme.
• Nature of Appointments: Their appointments were tenure-based, tied to the UGC’s XII Plan period, ending with the conclusion of the scheme.
• University’s Action: After the expiration of the XII Plan, Jamia Milia Islamia issued fresh advertisements for these posts, leading to the appellants' removal.
• UGC Communication: The UGC permitted the merger of these posts into the university’s regular establishment.

2. Legal Proceedings:

• The appellants filed writ petitions challenging their termination and the university’s decision to initiate fresh recruitment.
• The High Court dismissed the petitions, prompting the appellants to approach the Supreme Court.

3. Supreme Court’s Judgment:

• Reinstatement Ordered: The Supreme Court held that the appellants were selected through a legitimate selection process and should have been continued in their posts.
• Violation of Article 14: The Court found the university's actions arbitrary, and violative of the right to equality under Article 14.
• Fresh Selection Process Quashed: Appointments made under the new selection process were made subject to this judgment, with no rights accruing to new appointees.

Ratio Decidendi:

The Supreme Court ruled that when employees are appointed following a regular and valid selection process, they cannot be arbitrarily removed, especially when the University Grants Commission (UGC) has authorized the merger of their posts into the university’s regular establishment. The decision emphasized adherence to the principles of fairness and non-arbitrariness in employment under Article 14 of the Constitution of India.

Acts and Sections Discussed:

• Article 14 of the Constitution of India: Right to Equality.
• University Grants Commission Act, 1956 (UGC Regulations): The court emphasized the binding nature of UGC’s guidelines on qualifications and the merging of posts into the university's regular establishment.

Subjects:

#academic employment rights #EmploymentLaw #UGC #JamiaMiliaIslamia #AcademicRights #ConstitutionalLaw #Article14 #FacultyDispute