The Delhi High Court quashed the University’s orders dated November 17–18, 2022, and an advisory of November 18, 2022, which had dissolved the Jamia Teachers Association (JTA), sealed its office, and restrained its members from holding meetings or accessing funds.
Justice Sachin Datta held that Jamia Millia Islamia’s actions violated the fundamental right to form and continue associations guaranteed under Article 19(1)(c) of the Constitution. The Court observed that the university’s interference in the internal affairs of JTA and unilateral approval of a revised constitution, without the consent of its members, undermined the association’s autonomy and right to self-governance.
Citing Damyanti Naranga v. Union of India (1971) 1 SCC 678 and O.K. Ghosh v. E.X. Joseph, AIR 1963 SC 812, the Court reiterated that the right to form an association inherently includes the right to continue it with its chosen composition. The university’s reliance on its statutory powers under the Jamia Millia Islamia Act, 1988, was rejected, as such authority must operate within constitutional limits.
The Court concluded that Jamia’s orders were administrative and arbitrary, lacking any justification under Article 19(4), and accordingly set them aside, reaffirming the independence of the JTA as a self-regulated teachers’ body.
Appearances:
Petitioner: Mr. Abhik Chimni, Mr. Gurupal Singh, Ms. Pranjal Abrol, Ms. Shreya Bajpai and Mr. Rishabh Gupta, Advs.
Respondent: Mr. Pritish Sabharwal, Standing Counsel and Ms. Shweta Singh, Advocate.
