In a significant ruling safeguarding academic freedom, the Delhi High Court on Tuesday quashed Jamia Millia Islamia's 2022 orders that had dissolved the Jamia Teachers Association (JTA) and nullified its elections. Justice Sachin Datta observed that the university’s actions were "administrative in nature" and lacked constitutional justification under Article 19(4).
The court held that the right to form and continue an association is protected under Article 19(1)(c) of the Constitution and cannot be interfered with by arbitrary administrative measures.
Background
The JTA, an autonomous body formed in 1967, represents the teachers of Jamia Millia Islamia. It functions under its own constitution and elects an Executive Committee to oversee its affairs.
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Trouble began in late 2022 when the university questioned the legality of the Returning Officer appointed to conduct JTA's elections and subsequently issued office orders dissolving the association, sealing its office, and barring its members from using its facilities.
Aggrieved by these steps, the JTA approached the High Court, arguing that Jamia’s actions infringed upon their constitutional right to association. The association relied on earlier Supreme Court rulings, including O.K. Ghosh v. E.X. Joseph and Damyanti Naranga v. Union of India, which recognised that the right to form an association also includes the right to continue it without interference.
Court's Observations
Justice Datta began by underlining that the matter raised a fundamental question - to what extent can a university interfere with the internal functioning of an autonomous teachers body?
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Citing Damyanti Naranga, the bench reiterated that,
"The right to form an association necessarily implies the right to continue with its chosen members and internal governance. Without that, the right itself becomes meaningless."
The court was unimpressed with the university’s argument that it had inherent authority under Section 6(xxiv) of the Jamia Millia Islamia Act, 1988, to regulate or even dissolve associations.
“Such broad administrative powers cannot override constitutional guarantees,” the judge noted, adding that the provision must be interpreted in conformity with fundamental rights.
The bench further remarked,
"There cannot be any restriction on the exercise of a fundamental right which rests solely on the discretionary control of an executive authority."
On the university’s claim that JTA’s existence depended on recognition under its statute, Justice Datta clarified that the association’s reference to the JMI Act merely acknowledges its institutional context, not subordination to the university’s control.
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The court also took exception to the university’s unilateral move to approve a new JTA constitution in 2024 without consulting its members.
"This strikes at the very root of autonomy," Justice Datta said, emphasizing that democratic associations must be allowed to self-regulate.
Decision
After hearing both sides at length, the High Court concluded that the dissolution orders and advisory issued by Jamia Millia Islamia in November 2022 were unconstitutional.
"The impugned actions appear administrative in nature, bearing no rational nexus to any legitimate regulatory purpose under Article 19(4)," the court observed.
Accordingly, Justice Datta quashed the office orders dated November 17 and 18, 2022, as well as the advisory of November 18, restoring the JTA's autonomy. The petition filed by the association was thus allowed and disposed of.
With this judgment, the court reaffirmed that teachers’ unions in educational institutions cannot be dissolved or reconstituted by fiat, and that the freedom to associate carries within it the right to self-governance - a principle that lies at the heart of a democratic campus.
Case Title: Jamia Teachers Association v. Jamia Millia Islamia
