Jamia Millia Islamia. (Express Archive)
Jamia Millia Islamia (JMI) Tuesday opposed in the Delhi High Court the Centre’s stand opposing the order of the National Commission for Minority Educational Institutions (NCMEI), which declared the varsity as a religious minority institution. Seeking dismissal of the Centre’s revised affidavit on the issue, JMI said in a reply that the Centre’s stand on “arbitrary altering of written pleadings in the matter is against the provisions of the law”. It said that the Centre’s application in court, to take new affidavit on record, be rejected with “punitive damages”.
The JMI said that the Union of India had filed an affidavit in August 2011 categorically and unequivocally admitting that it respects the declaration made by the NCMEI, which declares the university to be a minority educational institution.
“Now the Centre sought to replace the existing affidavit on record with a new affidavit through which an absolute contrary stand is sought to be taken. After almost seven years the UOI is trying to alter its written pleadings, admissions on oath by way of its affidavit… and deny Jamia the minority educational institution status that has been rightfully declared by the NCMEI,” the affidavit said. The JMI also said that the Centre’s prayer to replace the previous affidavit on record is “categorically and unequivocally objected” as it “will cause prejudice and injustice to the parties”.
The JMI response came after a bench headed by Acting Chief Justice Gita Mittal recalled its April 13 order, allowing the Centre to withdraw their affidavit filed in August 2011 that granted Jamia minority status, and had taken on record their new reply on pleas seeking to quash the NCMEI’s February 2011 verdict.
“Granting this prayer will also set a bad precedent for future judicial procedures where the parties will vacillate and change their written pleadings according to their whims and fancies,” the affidavit said.
The bench had issued a notice to parties involved in the case and sought their stand on the Centre’s application to withdraw the original affidavit filed in 2011 and substitute the present one in its place. It had observed that it was “unfair and unjust” in not giving parties the opportunity to put their stand and fixed the next date of hearing on August 14.
Centre, JMI, Jamia Teachers’ Association and other parties are respondent in the batch of petitions, one by Vijay Kumar Sharma, president of NGO Yuva Bharti Samiti, alleging that “the Jamia Millia Islamia Act, 1988, incorporates and establishes the university and dissolves the Jamia Millia Islamia Society, which was managing and running it, and the NCMEI has no jurisdiction or authority to declare it a minority institution”.