Court Finds Statute 40(3)(b) of AMU Act 1920 Consistent with Article 14 of Constitution, Provides Fair Opportunity for Defense
In a significant ruling, the Allahabad High Court has upheld the constitutionality of Statute 40(3)(b) of the Aligarh Muslim University (AMU) Act, 1920, which governs the termination process of teachers. The court's decision came in response to a writ petition filed by Dr. Tanzeem Fatima challenging her dismissal from AMU, arguing that the statute was arbitrary and violated Article 14 of the Indian Constitution, which guarantees equality before the law.
The Division Bench, comprising Justices Arindam Sinha and Satya Veer Singh, delivered the judgment on July 14, 2026. The court emphasized that the statute provides adequate procedural safeguards, including the issuance of a show-cause notice, an inquiry process, and the opportunity for representation before the Executive Council. The decision to terminate requires a two-thirds majority vote of the Executive Council members present and voting, ensuring compliance with principles of natural justice and fairness.
Dr. Fatima's counsel, Mr. Arvind Srivastava, contended that the statute was arbitrary as it did not require the Executive Council to provide reasons for dismissal decisions and lacked provisions for the employee's hearing during the termination decision. However, the court found that the statute included sufficient checks to prevent arbitrariness, as it mandated a structured inquiry process and representation opportunities.
The court referred to the Supreme Court's ruling in the case of State of A.P. v. Mcdowell and Co., which stated that a legislative provision could only be struck down for lack of legislative competence or violation of fundamental rights. The court concluded that the AMU statute did not manifestly violate Article 14, as it afforded reasonable opportunities for defense and was not arbitrary in its application.
Dr. Fatima was granted the liberty to file a fresh writ petition challenging her termination based on factual grounds, excluding the time taken for the current adjudication, with a deadline to file by August 27, 2026.
Bottom line:-
Termination of teacher's employment under Statute 40(3)(b) of the Aligarh Muslim University Act, 1920, requiring two-thirds majority vote of the Executive Council, is not violative of Article 14 of the Constitution as it provides reasonable opportunity for defense before dismissal.
Statutory provision(s): Article 14 of the Constitution of India, Statute 40(3)(b) of the Aligarh Muslim University Act, 1920
Dr Tanzeem Fatima v. Aligarh Muslim University, (Allahabad)(DB) : Law Finder Doc id # 2948818
