Delhi HC stays inquiry against JNU teachers for holding protest in July 2018

The Delhi High Court today stayed the inquiry initiated by the Jawaharlal Nehru University (JNU) administration against forty five teachers for participating in a protest march held on July 31, 2018..The order of stay was passed by a single judge bench of Justice Suresh Kumar Kait in a petition preferred by the teachers challenging the “illegal actions” initiated against them by the University in the aftermath of the protest..The Court today also issued notice to University in the petition..A protest was organized by the JNU Teachers Association on July 31, 2018 with respect to “several genuine issues” concerning the University, such as repeated violations of the JNU Act, Statutes and Ordinances, autonomy, teachers’ biometric attendance, online examination, IPR policy and a proposed HEFA loan..In response, the JNU Administration issued show cause notices to the petitioners and initiated action against them under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (CCS(CCA) Rules) for misconduct..The administration cited violation of Rule 7 of the CCS (Conduct) Rules, 1964 (“CCS (Conduct) Rules”) of Regulation M7(6) of the Academic Rules and Regulations and an order passed by the High Court in August 2017..While Rule 7 of the CCS (Conduct) Rules prohibits “Government Servants” from resorting to or abetting strikes, coercion or physical duress in matters pertaining to service, Rule M-7(6) of the Academic Rules and Regulations and the High Court order place certain restrictions on locations of strikes/protests being organized by students..Subsequently, identical charge-Sheets were issued against 48 teachers, including the petitioners..It is the petitioners’ case that actions of the JNU administration are without basis and only seek to collectively intimidate a large number of teachers from raising legitimate concerns and grievances..The petitioners have contended that the CCS (CCA) Rules and CCS (Conduct) Rules apply only to “Government Servants” and do not cover teachers within its ambit..Similarly, Rule M-7(6) of the Academic Rules and Regulations, and the order passed by the High Court also did not apply to teachers, it is stated..The petitioners have submitted that instead, they are bound by their individual service contracts issued by the University in terms of the JNU Act, 1966 and the Ordinances governing service conditions..The petitioners have further argued that the Charge-Sheet misrepresents a “peaceful protest” and provides no evidence to showcase administrative or academic disruption..It is thus claimed that the action against the petitioners is illegal, arbitrary, unreasonable, inapplicable, excessive, violates principles of natural justice and infringes their rights under law and the Constitution of India..The petitioners were represented by Senior Advocates Kapil Sibal and Akhil Sibal with advocates Abhik Chimni, Nupur Agarwal and Maanav Kumar..The matter will be heard next on October 10..Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.