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Jamia Millia Islamia cannot use courts as a shield to get money from UGC: High Court of Delhi

The High Court of Delhi, through learned judges, Justice Subramonium Prasad and Chief Justice Sathish Chandra Sharma  in the case of Prof Sabiha Hussain v. Jamia Millia Islamia (LPA 310/2021 ) held that Jamia Millia Islamia university cannot use courts as a shield to get money from UGC.

BRIEF FACTS: This application was filed by the respondent University in the present case for issuance of a direction to the UGC for release of grants to the Sarojini Naidu Centre for Women’s Studies. The orders passed in the present case revealed that on 31.05.2022, learned counsel for the University, on instructions, stated categorically that the University shall be paying all outstanding dues to the appellant who is working in a sanctioned/ approved post of Professor(Director) in the Sarojini Naidu Centre for Women’s Studies. On the same date, not only this, but an assurance for regular monthly payment was also given. Learned counsel for the University filed the application stating that the UGC has to release certain funds.

FINDINGS OF THE COURT: The Court was of the opinion that the aforesaid application was nothing but an attempt to circumvent the earlier order passed by this Court which was a consent order and, therefore, this Court did not find any reason to entertain the present application and the same was rejected. However, the court held that the University shall be at liberty to take appropriate recourse to the remedies available in law for release of money, if any, due from the UGC. 

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 JUDGEMENT REVIEWED BY – AMRUTHA K

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