A Division Bench of the Delhi High Court comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela has raised a significant constitutional question on whether the South Asian University (SAU), established under a multilateral SAARC agreement and the South Asian University Act, 2008 (“Act”), is amenable to the Court’s writ jurisdiction under Article 226 of the Constitution.
The matter arises from a batch of petitions and appeals filed by faculty members and employees of SAU, including Dr. Snehashish Bhattacharya, Keshav Datt, Kavita A. Sharma, and Apoorva YK, challenging employment-related decisions of the University.
The Single Judge earlier held that SAU is not subject to writ jurisdiction.
Counsel for SAU argued that of the privileges and immunities conferred upon the institution, its President, and faculty members under Section 14 of the Act, read with the United Nations (Privileges and Immunities) Act, 1947, bars proceedings in all courts, including those under Article 226.
Counsel for the appellants, on the other hand, contended that such immunity extends only to the property, funds, and assets of the University, and cannot extinguish constitutional remedies available to employees, especially under judicial review. They further argued that while the Act prescribes arbitration as a remedy under Section 26, even arbitral awards would be unenforceable in India if SAU’s immunity is read as absolute.
The Bench noted that the issue touches upon the core constitutional doctrine of judicial review, observing that even Parliament cannot abrogate this power of constitutional courts. It stressed that deciding whether SAU enjoys absolute immunity from writ proceedings has far-reaching consequences for both employees of the University and the scope of judicial oversight in India.
Recognising the question as one of “seminal importance,” the Court appointed senior advocates Shri Dyan Krishnan and Shri Rajshekhar Rao as amici to assist in resolving the matter.
The case is scheduled for hearing on November 18, 2025.
Appearances
Appellants:
Dr. Snehashishbhattacharya- Mr. Abhik Chimni, Mr. Gurupal Singh, Ms. Pranjal Abrol, Mr. Rishabh Gupta, Mr. Ayan Dasgupta Samarendra and Mr. Saharsh Saxena, Advocates
For Keshav Dutt- Mr. Abhik Chimni, Mr. Gurupal Singh, Ms. Pranjal Abrol, Mr. Rishabh Gupta, Mr. Ayan Dasgupta Samarendra and Mr. Saharsh Saxena, Advocates
For Kavita A Sharma- Mr. Alakh Alok Srivastava and Mr. Rishabh Bafna, Advocates
For Keshav Datt- Mr. Abhik Chimni, Mr. Gurupal Singh, Ms. Pranjal Abrol, Mr. Rishabh Gupta, Mr. Ayan Dasgupta Samarendra and, Mr. Saharsh Saxena, Advocates
For Apporva YK- Mr. Avneesh Arputham and Mr. Ankit Sharma, Advocates
Respondent- Mr. Anuj Tyagi and Ms. Shreelekha Vyas, Advocates
Dr. Vikrant Narayan Vasudeva, Mr. Rohit Lochav, Mr. Arindam Gupta, Mr. Shivansh Aggarwal, Mr. Shah Mohd and Mr. Sarthak Chiller, Advocates
Mr. Avneesh Arputham and Mr. Ankit Sharma, Advocates
Dr. Vikrant Narayan Vasudeva, Mr. Rohit Lochav, Mr. Arindam Gupta, Mr. Shivansh Aggarwal, Mr. Shah Mohd and Mr. Sarthak Chiller, Advocates
Mr. Abhik Chimni, Mr. Gurupal Singh, Ms. Pranjal Abrol, Mr. Rishabh Gupta, Mr. Ayan Dasgupta Samarendra and Mr. Saharsh Saxena, Advocates
