JNU administration must desist from intimidating faculty members who demand their rightful entitlements

Counterview Desk

JNUTA statement on 'continuing brazenness of the JNU administration':

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The Jawaharlal Nehru University Teachers Association (JNUTA) notes that the Honourable High Court of Delhi, in an order dated 10.12.2024 on the contempt petition CONT.CAS(C) 626/2024, has observed that, in its prima facie view, JNU has violated the Court’s order dated 26.08.2019 in W.P.(C) 9185/2019. This matter pertains to the appointment of Chairpersons without adhering to the principle of rotation in the order of seniority. Accordingly, the Court has issued a notice to the University to show cause as to why contempt proceedings should not be initiated.

The JNUTA observes that this instance of disrespect toward the orders and observations of the Court, exhibited by the JNU Administration, is not an exception. Rather, such conduct has become a recurring feature of its functioning, reflecting the lawless character of the University’s governance processes. This trend, firmly established under the previous Vice-Chancellor, has reached greater heights under the current dispensation. Notably, the Vice-Chancellor herself is the principal respondent in the contempt petition that led to the aforementioned order.

The contemptuous attitude of the JNU Administration toward the Court was also evident in the matter that led to the recent judgment of the Delhi High Court in W.P.(C) 16488/2024. In its order dated 28.11.2024, the Court directed the release of the Leave Encashment of a faculty member who retired in 2022 and had been chargesheeted for participating in a protest. The Court observed that withholding Leave Encashment on the grounds of a pending chargesheet was unlawful and ordered 9% per annum interest on the delayed payment. It is pertinent to note that this litigation arose from the JNU Administration’s disregard of previous Delhi High Court orders in similar cases. In all such instances, the withholding of Leave Encashment on account of a stayed chargesheet was deemed unlawful, and the Court considered those precedents in its recent judgment.

The Honourable Supreme Court has recently reiterated: “It is a well-settled principle of law that where a citizen aggrieved by the action of a government department has approached the Court and obtained a declaration of law in his/her favor, others similarly situated ought to be extended the benefit without the need for them to go to Court.” The JNU Administration’s actions in the above case and several others contravene this principle. For instance, the Court’s orders in W.P.(C) 12385/2024 and W.P.(C) 12392/2024 regarding the rectification of promotion dates apply to multiple cases. Similarly, the orders in W.P.(C) 2737/2019 and W.P.(C) 4399/2021, dated 20.12.2023, setting aside promotion rejections, also extend to several other faculty members. Yet, the University has failed to provide relief to all similarly affected individuals.

The JNU Administration’s blatant disregard for Court directives is further evident in W.P.(C) 14822/2024. The Court directed the University to consider the long-pending CAS applications of two petitioners and issue “reasoned and speaking orders” if rejecting them. However, the Administration’s response, issued at the last possible moment, lacks reason and blatantly evades proper consideration. Despite resuming the CAS process under pressure from JNUTA and Court orders, the process remains selective and arbitrary. Moreover, the Administration continues to exploit probation and confirmation processes to intimidate and oppress faculty members.

The JNUTA warns the JNU Administration to desist from intimidating faculty members who demand their rightful entitlements. It must respect the overwhelming sentiment expressed by the faculty through the recent elections of teachers’ representatives to the University’s Executive Council. The 321st EC meeting on 18.12.2024, held online with no pre-circulated agenda and minimal notice, exemplifies the Administration’s lack of transparency and accountability. The meeting, lasting barely seven minutes, rubber-stamped decisions without discussion, further eroding the credibility of the Executive Council.

The JNUTA strongly condemns the brazenness displayed by the Administration and appeals to all faculty members to rally together to uphold the dignity and rights of teachers. It is time to disabuse the University leadership of any notion that JNU is their fiefdom, allowing them to act with impunity.

-- Moushumi Basu, President, JNUTA; Syed Akhtar Husain, Secretary, JNUTA

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