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अलीगढ़ ::एएमयू कुलपति जमीरउद्दीन शाह का सेवा काल सेना के इतिहास में स्वच्छ, अनुशासनप्रिय एवं वीरता की गाथाओं से परिपूर्ण है।

Unanimous resolution passed by the Executive Committee of AMUTA at its meeting held on April 5, 2016 at 4:30 P.M. at the AMU Staff Club

ALIGARH MUSLIM UNIVERSITY TEACHERS’ ASSOCIATION, ALIGARH
S. Mustafa Zaidi
Hony. Secretary
Teaching Staff Club, AMU, Aligarh, 202002
0571-2720011 (R); 09411802364 (M)
Email: secretaryamuta@gmail.com
April 5, 2016

AMUTA takes strong exception to the manner in which the legal team of Lt. Gen. Zameeruddin Shah (Retd) deliberately dragged in the emotive issue of the AMU minority status case before the Hon’ble Supreme Court of India, in the hearing challenging the eligibility of the present incumbent to be appointed Vice Chancellor. This effort to club the two cases was not successful but it did lead to some comments that could have serious implications in the future.

AMUTA has consistently maintained that most of the public efforts towards the minority character case camouflage the eligibility case. This is serious as public money is not meant to be used thus.

We are constrained to point out that the highly publicized effort of legal consultations on the minority case over the past few months was just that-- a public relations (PR) exercise--as it was known that since the Government of India was withdrawing its appeal the hearing would be adjourned for filing of responses. The wastage of our financial and administrative resources necessitates accountability to be fixed.

2       The AMUTA Executive Committee has been advising the AMU Administration not to rush through the panel of names for the future VC of AMU, as being illegal on the grounds of it being drawn up prematurely and by not being based on the qualifications set out in UGC Regulations 2010. The fact that it was also afoul of a March 2015 letter from the Ministry of Human Resource Development and our own Regulations debarring aspirant members for the post of VC from voting were treated as non-est. However, our warnings were ignored and , allegations were leveled at our motives for the same. Our apprehension (later substantiated) that the purpose of the exercise was to ease the arguments for the eligibility case were brushed aside and dismissed.

Today the AMU Registrar has come out with a notification that the meeting of the University Court scheduled for April 7, 2016 stands postponed as in the panel for the future VC two members “unknowingly” voted and got disqualified on the basis of ‘conflict of interest’. We wonder if ignorance of a rule can be an excuse, whereas we have it on good authority that the matter and its implications were discussed by members and a consensus sought to be evolved. This development stops an illegality from being perpetuated but, may, if not followed up properly, result in further more serious complications arising from some basic mistakes. For example who can annul a resolution of the Executive Council?

Who has the power and where is it given whereby the Registrar can notify cancellation of a meeting?

In whom is vested the power to disqualify a properly elected person from the panel of names of the future VC?It should be remembered that this panel was drawn up by a properly and legally convened meeting of the AMU EC, that did admittedly adopt a faulty/questionable procedure that, arrived at a wrong decision but it doesn’t automatically lead to negation of that or any other resolution.

No one except the President of India in his capacity of Visitor can exercise this power and certainly not the Vice Chancellor and definitely not the Registrar. In the case of a teacher in the Department of English the procedural lapse as well as exercise of a non-existent power  by two statutory bodies was annulled by the Visitor after due procedure. The Apex Court had upheld the same. An identical process has to be followed in the instant case.

This disqualification has shifted attention from the basic issue of UGC 2010 regulations and the premature drawing up of the panel. Would we have another bout of disqualifications when it is realized that the UGC Regulations 2010 were adopted many years before the letter of 2015 (not yet adopted) was issued.

Moreover, does disqualification imply that the persons disqualified, have to compulsorily miss, the current round of the panel of names for VC after the term of Lt. Gen. Zameeruddin Shah (Retd.) is over, similar to the rules for using unfair means in examinations?

(S.Mustafa Zaidi)

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