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JNU Teachers Writ Petition PDF
JNU Teachers Writ Petition PDF
VERSUS
INDEX
Filed By:
VERSUS
NOTICE OF MOTION
To,
The above writ petition is being filed in the Hon’ble High Court of Delhi
NOTICE OF MOTION
To,
The above writ petition is being filed in the Hon’ble High Court of Delhi
VERSUS
URGENT APPLICATION
To
The Registrar,
High Court of Delhi,
Sher Shah Road
New Delhi
Sir,
Please list the Petition on 21st September or any date prior to it.
VERSUS
MEMO OF PARTIES
1. Madhu Sahni
Aged 57 years
2. Rituraj Sharma
Aged 27 years
3. Ritika Kar
Aged 28 years
D/o S S Kar
4. Sonal Goyal
Aged 29 years,
5. Hemant Adlakha
Aged 57 years
6. Rajat Dutta
..Petitioners
VERSUS
Filed By:
Srivastava Naved Parashar Partners
Advocates for Petitioner
E -19, Lower Ground Floor,
Jangpura Extension,
New Delhi New Delhi –110014
19th Sept 2017 Ph. No 9958317219
SYNOPSIS
read with its Corrigendum Office Order No. 251/2017 dated 18.09.2017.
The Petitioners are teachers and students at the Respondent No. 01 JNU
aforesaid office order stating that the Executive Council meeting held on
are sensitive, the Petitioners are concerned that they ought not to be
The Petitioners submit that the Respondent No. 01 JNU has its
Writ Petition the reasons for filing the present writ petition which
Clause X (4) of the Rules & Procedure for GSCASH (above) which
on for the aforesaid purpose at which the reasons for the purpose
ensure that the records of GSCASH commencing from the year 1999
to the present date including all the record and proceedings of the 25
challenge to the Order, with a good prima facie case in favour of the
that the committee can function and complete the pending enquiries
and entertain complaints and that the operation of the office order
relief.
Dates & Events
Dates Events
Filed By:
Srivastava Naved Parashar Partners
Advocates for Petitioner
E -19, Lower Ground Floor,
Jangpura Extension,
New Delhi New Delhi –110014
19th Sept 2017 Ph. No 9958317219
IN THE HIGH COURT OF DELHI AT NEW DELHI
VERSUS
To,
The Hon’ble Chief Justice
1. That, the Petitioners herein are approaching this Hon’ble Court under
Respondent No. 01 to quash and set aside the Office Order No.
248/2017 dated 18.09.2017 read with its Corrigendum Office Order No.
Petitioner No. 01 has been associated with the GSCASH since its very
Forum. She was a member of GSCASH in the year 2000-01 and was
1999 and 2001, and served on several inquiry committees. Since then,
for students on the request of GSCASH, and has also been a member of
then Rector Sudha Pai in order to set in place measures to address the
underlying factors that fuel such tragedies. In 2014, she was the
members who was part of the original group of women faculty who
institution which has brought relief to so many women has been wound
community and was chosen because it ensured both public scrutiny for
the health of the institution, not only by the labour they put into
Sociology from JNU, followed by M.Phil with first division. She served
"Children's play". Petitioner No. 03 is Ritika Kar, who has done her
M.A. in Sociology and finished her M.Phil. with a grade point of 6.37
and commodification of female bodily parts like eggs and its economic,
same department.
replaced with teacher and staff representatives who are only nominated
and among security guards, staff and officers in JNU. These programs
screenings etc to engage the students with issues of sexual violence. She
GSCASH as a committee and also by the JNU Executive council and the
JNU Court.
Washington (2014); Tulika Books, New Delhi and in the leading online
Study of Lu Xun, Seoul, South Korea. Hemant has been associated with
the GSCASH since its very inception and has been actively associated
with the Gender Studies Forum activities. He was a member of the first
6. That, Petitioner No. 06, Rajat Datta (1956) is professor at the Centre for
is historian of medieval and early modern history, and the areas of his
research, publication and teaching are: (i) economic history of medieval
and early modern India; (11) the18th century in India; (iii) problems of
Indian History from the Eighth to the Eighteenth Century, New Delhi,
London and New York, and is on the editorial board of the Worlds of
and Brewer, from Suffolk (UK) and Rochester (NY, USA). t addition to
years, and of the and anti-ragging committee for two years. He has also
2013 to 2017.
interacts closely with the JNU community, Rajat Datta has been
these ways. The most important feature of this institution was its
the GSCASH was that it was set up after prolonged discussions with all
sections of the university community, and was piloted through all the
framework. The functional autonomy that it had been given gave it the
community.
The Petitioners 1 to 6 who are both students and teachers are aggrieved
a model for other Universities since nearly 18 years has been now
dissolved when the Regulations existed in line with the Special Act and
7. That, the Jawaharlal Nehru University has been constituted under the
refer to and rely upon the said Act when produced in a separate
compilation.
8. That the University Grants Commission Act was enacted in the year
1956. The Petitioner craves leave to refer to and rely upon the said Act
quoted as under:
It shall be the general duty of the Commission to take, in consultation with the
Universities or other bodies concerned, all such steps as it may think fit for the
promotion and co-ordination of University education and for the determination
and maintenance of standards of teaching, examination and research in
Universities, and for the purpose of performing its functions under this Act, the
Commission may—
(b) allocate and disburse, out of the Fund of the Commission, grants to
Universities established or incorporated by or under a Central Act for the
maintenance and development of such Universities or for any other general or
specified purpose;
(c) allocate and disburse, out of the Fund of the Commission, such grants to
other Universities as it may deem 1 [necessary or appropriate for the development
of such Universities or for the maintenance, or development, or both, of any
specified activities of such Universities] or for any other general or specified
purpose:
Provided that in making any grant to any such University, the Commission shall
give due consideration to the development of the University concerned, its
financial needs, the standard attained by it and the national purposes which it may
serve;
(cc) allocate and disburse out of the Fund of the Commission, such grants to
institutions deemed to be Universities in pursuance of a declaration made by the
Central Government under section 3, as it may deem necessary, for one or more of
the following purposes, namely:— (i) for maintenance in special cases, (ii) for
development, (iii) for any other general or specified purpose;]
(ccc) establish, in accordance with the regulations made under this Act,
institutions for providing common facilities, services and programs for a group of
universities or for the universities in general and maintain such institutions or
provide for their maintenance by allocating and disbursing out of the Fund of the
Commission such grants as the Commission may deem necessary;]
10.That, from the aforesaid it is clear that the UGC has no power to
Respondent University framed its regulations for dealing with the issue
13. It is submitted from the year 1999 till date Respondent University
harassment which has always been an elected body with the following
14.It must be also added here that following the guidelines on the
(SHW Act). This Special Act came into place, with an objective to
force more than a decade before the passing of the Act .Attention is
invited to the fact that the Sexual Harassment at the Workplace Act
students and staff, are hereby informed that any election to GSCASH
20.It appears that a meeting of the Executive Council Committee was held
Hon’ble Court.
23.No other Petition seeking the same or similar relief has been filed by the
GROUNDS
which had been in full force of effect of law governing practice and
procedure in the matter of conducting an inquiry in relation to
misconduct.
Provided that in the latter case the HEI shall ensure that the
Constitution of such a Body is required for ICC under these
regulations.
is null and void. Because the second proviso to the extent that it uses
above-mentioned.
against the employees and the students, and modify its ordinances
mandatory.
not only in line with the “ spirit “ of the Sexual harasmsnet at the
O. Because experience of the last 16 years has shown that the elected
and the UGC Regulations themselves say that the Verma Committee
called on for the aforesaid purpose at which the reasons for the
have adoption which has not been done and because the procedure
prescribed by law for the amendment of the existing regulations is a
the said regulations will render any decision taken pursuant thereby
read with the Corrigendum is null and void and has no effect and that
Nathubhai Patel & Ors. (2006) 8 SCC 200, Chairman, All India
(2010) 6 SCC 614, Manuelsons Hotels Pvt. Ltd. v. State of Kerala &
criteria would be and the said criteria have not been taken into
consideration.
University?
constituencies.
(d) Whether a decision making body who is intention for the last 18
(e) At best one of the factors is get to be in mind that the University
into.
the spirit of the Vishakha judgment, and the report of the Verma
Committee.
(g) That the Verma Committee in fact recommended the adoption
PRAYER:
In the light of the abovementioned Facts and Grounds, the Petitioner
248/2017 read with its Corrigendum Office Order No. 251/2017 dated
1956;
c. Pass an order quashing the order dated 12.09.2017 putting the election
d. Pass any other Order that this Hon’ble Court may deem fit and proper.
Senior Advocate
Filed By:
Srivastava Naved Parashar Partners
Advocates for Petitioner
E -19, Lower Ground Floor,
Jangpura Extension,
New Delhi New Delhi –110014
19th Sept 2017 Ph. No - 9958317219