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2004 Supreme(Del) 436

High Court Of Delhi
CHAMAN LAL BANSAL - Appellant
Versus
UNIVERSITY OF DELHI - Respondent
W.P.(C.) 5761 of 2004
Decided On : 05/31/2004

Advocates Appeared:
AMIT BANSAL, ANUPMA SINGH, MANINDER ACHARYA, MIT MALHOTRA, Raghuvinder Singh

Headnote:Service - interpretation – meaning of master degree in relevant subject –relevant subject means subject being taught in college not discipline –subject in modern era full of overlapping in different disciplines.

PRADEEP NANDRAJOG, J.

( 1 ) PETITIONERS who are readers in the Department of Commerce, College of Vocational Studies have filed the present petition praying that the appointment effected in favour of respondent No. 3 to the post of Principal of College of Vocational Studies be quashed.

( 2 ) GRIEVANCE of the petitioner is that as per Ordinance 24 of the University of Delhi eligibility qualification for a person to be appointed as Principal of any affiliated maintained or constituent college of University of Delhi is as under:-

1. MASTERS degree in a relevant subject with at least 55 % (50% for candidates belonging to SC/st or those who passed their masters degree prior to 19. 09. 1991 and holds a Ph. D. Degree) or an equivalent grade b in the 7 point scale with later grade o , a , b , c , d , e and f . 2. Ph. D. or equivalent. 3. Total experience of 15 years of teaching and/or Post Doctoral Research in universities/colleges and other institutions of higher education.

( 3 ) GRIEVANCE of the petitioners is that respondent no. 3, who holds a masters degree in physics is ineligible to be appointed as Principal of the college because physics is not a subject taught in the college. Petitioners contend that requirement of the Ordinance is possession of a Masters degree in a relevant subject. Contention urged is that relevant subject would mean a subject taught in the college. Elaborating the contention, petitioners contend that since a principal of the College is required to take classes, he must possess a degree which makes him eligible to teach in the college and in that context, the words relevant subject would take their colour from the subject (s) which are taught in the college.

( 4 ) TO make good their submissions, petitioners rely upon the bulletin of information issued by the college showing its faculty. As per the said information of bulletin, the faculty of the college consists of the Department of Hindi, English, Commerce, Economics, Mathematics, History, Political Science, Tourism, Book Publishing, Office Management, Punjabi and Computer Science. Petitioners draw attention of this court that the discipline of physics is not included in the faculty of the college. Petitioners urged that this court in its decision reported as 70 (1997) DLT 101 S. Bala Bawa Vs. University of Delhi has accepted the contention of the University of Delhi that the words in a relevant subject in the Ordinance would mean subject which is taught in the concerned college .

( 5 ) AS per the stand of the University of Delhi in the counter affidavit, there is no dispute that the words in a relevant subject mean a subject which is taught in the college but it would not mean that this has to be determined on the basis of the faculty in the college. As per the University, a person holding a particular degree would be eligible to teach a particular subject in a discipline. Respondent No. 3, who holds a Masters degree in physics, while obtaining his Masters degree specialised in electronics . His Doctoral as well as post doctoral research is in the field of electronics. Thus, respondent No. 3 is holding a degree in the relevant subject as understood and even interpreted by this court in S. Bala Baba s case i. e. possessing a degree in a subject which is taught in the college concerned .

( 6 ) AS per the counter affidavit filed by the college, defence is in line with the defence taken by the University of Delhi.

( 7 ) COUNTER affidavit filed by respondent no. 3 states that B. Sc. (Hons.) Computer Science is a course offered by the college. For the course various papers are taught. Digital electronics, analog electronics, micro processors are subjects taught in B. Sc. (Hon.) Computer Science. It is stated that respondent No. 3 has a Masters degree in physics with specialisation in electronics. Topic of his Doctorate was electrical transport properties of thin films and binary and ternary compounds cu. In and Te which pertain to ele








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