On July 1, National Commission for Scheduled Caste issued summons to the Vice-Chancellor of Jamia Millia Islamia, Professor Najma Akhtar, to appear in person before the Commission on July 19, 2022. The summons was issued by the Chairman of the Commission in a case related to caste-based atrocities and removing the constitutionally guaranteed reservation of Scheduled Castes and Scheduled Tribes in appointment and promotion by the university authority based on the complaints filed by one Harendra Kumar before the Commission. Notably, notices were served by the Commission to the University earlier as well, but the University Authorities failed to comply, following which the Commission had to use its powers to issue summons to the VC.
The case related to caste-based atrocities
In his complaint, Kumar, who belonged to Scheduled Caste, alleged that he had faced discrimination by the University authorities. Kumar was appointed as a guest computer teacher in a school run by the University. He alleged that he was illegally terminated from the University from his job following a conspiracy hatched against him by the top officials of the University. The Commission had summoned the VC in the case in 2021 as well.
As per the complaint of the petitioner, a fabricated complaint was filed against him through a female teacher by the Principal of the school. In the details provided by Advocate Sushant, who is representing Kumar, it was alleged that Kumar was asked to do menial work such as making tea and washing the utensils for the Principal. He said, “The genesis of the complaint was deeply embedded in caste and religion-based discrimination.” When Kumar resisted doing such work as it was a public denigration of his identity, a conspiracy was allegedly hatched against him, and he was falsely accused of harassing a female employee of the school.
NCSC had directed the formation of a three-member committee to look into the facts of the complaint. After the committee submitted its report to the Executive Council, the complaint filed by the Principal was withdrawn. Notably, the whole process took around four years, and during that time, Kumar had to live with the stigma of false accusations.
In a statement, Kumar said, “I was asked to wash the leftover utensils in the Principal’s chamber and prepare tea for him and his guests. Mursaleen, the Principal, would be demeaning me for every petty issue and would tell me that I have occupied one seat of Muslim and I don’t deserve to be in the school because I am a Hindu and that too, a scheduled caste. He would often say that he has got enough contacts in the university administrations, and I would be shown the door if in case I disobey him in any manner.”
Kumar further alleged that he was once forced to download a porn video on his mobile that he straightforward denied. Kumar said, “He took ill of it and started to abuse me with caste signalling words. He told me, ‘Chamaar, I will finish your career. You bastard.’ Some school teachers intervened, and the matter was put under control.”
Kumar thought that the matter was over, but to his surprise, a complaint was filed against him by a female teacher. “I was forced to sign an apology letter on a very different matter as I was threatened to get my job terminated, and being the only bread earner for my family, I signed a letter dictated by him. He used this letter with his personal remark about my character to get me terminated without following any laid down guidelines. I was never asked to explain the matter and was handed over my dismissal letter most unlawfully,” Kumar said.
As he was not getting a response from the authorities about his termination and character assassination, he decided to file an official complaint with the Police. Initially, he was unable to get the FIR registered, after which he approached Saket court and got court orders for FIR. Simultaneously, he also filed a complaint at NCSC.
Kumar alleged that the University authorities did not share the entire report of the three-member committee and also let the accused Principal retire without any disciplinary action against his malicious and concocted letter, which was withdrawn by the Executive Council of the University. He said, “The Principal, on the other hand, had the audacity to go to my village and threatened my parents to ask me to withdraw the case. I can only say that ‘Satyamev Jayete’ and I will have the justice delivered to me.”
The case of abolishing reservation for SC/ST in appointment and promotion
Jamia Millia Islamia, which is a Central Government-funded University, is under the scanner for doing away with the reservation for SC/ST in appointments and promotions based on the complaint by Kumar. Notably, Jamia Millia Islamia has been avoiding appointments and promotions of the candidates from the SC/ST community despite being a Centre-funded university.
There is a pending case in the Delhi High Court challenging National Commission for Minority Educational Institutions (NCMEI) order that granted Religious Minority Institute status to the University in 2011. The NCMEI had said in its order, “Jamia was founded by the Muslims for the benefit of Muslims, and it never lost its identity as a Muslim minority educational institution”. It added the University was thus, “covered under Article 30(1), read with Section 2(g) of the National Commission for Minority Educational Institutions Act”.
The order was challenged in the Delhi High Court soon after the orders were passed. Despite the pending case, the University scrapped SC/ST reservations and approved religion-based appointments and reservations in 2014, citing the NCMEI order of 2011.
Speaking to OpIndia, Kumar’s advocate said another case is pending in the Supreme Court of India in the matter. The two cases pending in the apex court and the High Court of Delhi nowhere ordered a stay on appointment and promotion of candidates from SC/ST community under reservation as per the Law. Kumar, however, did not seek any directions on the pending cases but requested the Commission to restore the reservation of the SC/ST community in the appointment and promotion in both teaching and non-teaching positions.
As per Article 338 of the Constitute of India, the Commission has the right to take appropriate steps to investigate and monitor all matters related to safeguards provided to the people of the SC/ST community under the Constitution and under any law passed by the Government of India.
The Centre had opposed the NCMEI order granting Jamia minority status
In 2018, the Government of India submitted a fresh affidavit in the Delhi High Court against the affidavit submitted by the previous government and opposed the minority status given to the Jamia Millia Islamia University by NCMEI. As per reports, in the fresh affidavit, the GoI cited the Supreme Court’s decision in the Azeez Basha Vs Union of India case of 1968. The Centre said that the first affidavit submitted by the previous government did not take the said judgment into consideration. In the 1968 judgment, the apex court had said that a university incorporated under an Act of Parliament could not claim the status of a minority institute.
The concerns over demographic change in Jamia
In 2021, a report published in Swarajya Magazine pointed out the demographic change that had happened since the 2011 order of NCMEI granting the university minority status. As per the reports, 50% of the seats in admissions are reserved for Muslim students, where 30% of seats in each programme are reserved for Muslim applicants, 10% for Muslim women applicants and 10% for Muslims hailing from Other Backward Classes or OBCs and Scheduled Tribes or STs.
Furthermore, 5% of seats are reserved for those who pass their Class 10 and Class 12 Exams from Jamia School. Another 5% are reserved for students from Kashmir. Similarly, 10% of seats are reserved for students from foreign countries and 5% for disabled students. The admission process is completely in favour of Muslim students, which was not the case before the 2014 resolution of the University based on 2011 NCMEI orders.
Jamia and controversies around the University
There have been numerous cases where Jamia Millia Islamia has come under the scanner and faced strong criticism over different issues. In June 2022, the students at the University barred students of ABVP from holding a program on Waste Management.
In March 2022, a professor from JMI Khalid Moin and two others were arrested for issuing fake structural certificates for the projects in exchange for bribes.
During the infamous anti-CAA protests held at Jamia in December 2019, stones were pelted at the Police personnel present outside the University. It was reported that over 150 members of radical outfits had entered Delhi in December and his in Jamia for two days before the protests. Following the incident, Jamia authorities also refused to hand over CCTV footage to the Police investigating the matter. In June 2020, when UAPA was slapped on the anti-CAA protesters, the students of Jamia allegedly called for violence and carried out Minneapolis-style protests.
