IMPORTANT POINTS
Appellants having conflicting interests but putting up common contention is not acceptable.
When the University had been granting post facto approvals, it could not single out the instant case to deny approval on ground that prior approval was not taken.

JUDGMENT :

A.S. BOPANNA, J.

1. Leave granted.

2. The appellant in LPA No.694/2016 and CM Appln. No.46147/2016 – the University of Delhi is the appellant in the appeal arising from SLP(C) No.20786/2019 while the respondent No.2 in the said LPA – Governing Body of Swami Shraddhanand College is the appellant in the appeal arising from SLP(C) No.20859/2019. In both these appeals the appellants are assailing the judgment dated 09.05.2019 passed by the Division Bench of the High Court of Delhi. By the said judgment the Division Bench has upheld the order dated 10.11.2016 passed by the learned Single Judge and dismissed the appeal

3. The respondent Dr. A.N.Jha was chosen by the Selection Committee for appointment as the Vice-Principal of the Swami Shraddhanand College. The same was approved by the Governing Body and a letter was issued on 29.12.2015. A communication dated 28.12.2015 was addressed to the University of Delhi seeking approval for the appointment made as Vice-Principal. The University of Delhi however declined approval through its letter dated 13.01.2016. The respondent Dr. A.N. Jha, thus being aggrieved by the refusal of approval approached the learned Single Judge of the High Court of Delhi in WP(C) No.965/2016 seeking that the letters dated 13.01.2016, 19.01.2016, 27.01.2016 be quashed and direct the University of Delhi to grant approval for his appointment as the Vice-Principal of the College. The learned Single Judge on making a detailed consideration through the order dated 10.11.2016 allowed the writ petition.

4. In the said process the learned Single Judge has taken note of the contents in the letter dated 13.01.2016 by which approval was declined by the University mainly referring to the manner in which the College was appointing the Acting Principal and further since the selection of the Vice-Principal was made without seeking prior approval as mandated under Clause 4(4) of Ordinance XVIII of the University. The learned Single Judge therefore took note of the letter dated 13.01.2016 and concluded that the non-approval by the University was not justified inasmuch as the same does not record that he was not fit for the job or was lacking in eligibility criteria for being appointed as the Vice-Principal. The reason indicated about noncompliance of Clause 4(4) of Ordinance XVIII for not approving the appointment was held unjustified, taking into consideration the procedure followed during the earlier appointments when approval was granted post appointment. Hence, a direction was issued to the University to grant approval.

5. The University claiming to be aggrieved by such direction issued by the learned Single Judge filed the LPA before the Division Bench. The College which is one of the appellants herein did not choose to file the appeal before the High Court and assail the order of the learned Single Judge. The Division Bench apart from noticing the reasons assigned by the learned Single Judge has also taken note of the contents of the letter dated 13.01.2016 by which the University had refused approval for appointment of the Vice-Principal. In that background, reference was also made to Clause 7(3) of Ordinance XVIII and the High Court concluded that the same does not suggest that the post of Vice-Principal cannot be filled up when the post of regular Principal is vacant.

6. The Division Bench keeping in view the contents of Clause 7(3) of Ordinance XVIII has arrived at the conclusion that there is no bar to appoint a person to the post of Vice-Principal in the absence of a regular Principal.

In that light the Division Bench on upholding the decision of the learned Single Judge has also taken into consideration the fact that the regular Principal had superannuated way back on 31.12.2014 and there is no regular Principal appointed till this date and as such directed that the Governing Body of the College be formed within one month and a decision be taken in that regard.

7. Shri Sachin Datta, learned Senior Advocate appear