On May 18, the National Commission for Scheduled Castes, Government of India, summoned Vice Chancellor of Jamia Millia Islamia Professor Najma Akhtar to participate in an investigation initiated based on a complaint pertaining to the arbitrary scrapping of SC/ST reservation in recruitment to the teaching and non-teaching positions and promotions.
The complaint was filed by Bhupendra Pal Singh Chamar, International President, World Dalit Counsel, and State President, Akhil Bhartiya Chamar Mahar Jatav Mahasabha on May 11. Akhtar was asked to submit the facts and action taken on the allegations within seven days of the receipt of the notice.
The commission added that in case Akhtar failed to reply in the stipulated time, the matter will be taken by the commission by exercising the power of the Civil Court conferred on it under Article 338 of the Constitution of India and issuing summons for her appearance in person.
OpIndia accessed the complaint filed against Jamia. In his complaint filed on May 11, Bhupendra said that his organisation came across the matter of abrogating the constitutionally mandated government of India scheme of Reservation for SC/ST community in a publicly funded, Central University i.e. Jamia Millia Islamia. Bhupendra said that the SC/ST community has been deprived of the rights in the University without any intervention from the Ministry of Education, University Grants Commission, or Ministry of Social Justice and Empowerment of the Government of India.
He pointed out an advertisement published by the university on April 29, 2023, of non-teaching posts that violated the reservation roster of SC/ST. He further added that the university wilfully violated the UGC guidelines issued in October 2021 regarding the reservation roster.
The complaint read, “Evidently, the university did not follow the reservation roster on its flimsy, factious and self-assumed and executed status of Minority Status under Article 30 (1) of the Indian Constitution, charged up with the verdict of the National Commission of Minority Educational Institution in 2011. This verdict/order cannot be enforced as long as the JMI Act remains unamended. The claim of the university is bogus, misleading, and extremely atrocious towards the SC/ST community of the country.”
He pointed out that being a central university by an Act of Parliament, it is funded by the consolidated funds of India. He added that the SC and ST candidates were getting 15 percent and 7.5 percent reservations in the university till 2014 when the “Executive Council of the University unilaterally altered the substantive provisions of its parent statutes and abolished these reservation benefits without following the due process of law”.
He further pointed out that the National Council of Minority Educational Institutions (NCMEI) declared JMI a minority institute under Article 30(I) in 2011 even though it was not being administered or run by a minority community. Since then, the reservation for SC/ST community was done away with in admissions and it was scrapped in recruitment and promotions in 2014.
Notably, in the complaint Bhupendra mentioned that the University has shut SC/ST Cell as well and there is no representative of the member of SC/ST in the promotion/selection committee. He said the steps taken by the university are affecting around 35,000 to 40,000 students of the SC/ST community.
The matter related to SC/ST reservation is sub-judice
In 2022, Jamia VC was summoned by the commission over a similar matter based on a complaint submitted by one Harender Kumar. 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.
Kumar said that a fabricated complaint was filed against him through a female teacher by the Principal of the school. 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.
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 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.
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 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 consider the said judgment. 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.
