SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2004 Supreme(Del) 419

High Court Of Delhi
R.K.SHARMA - Appellant
Versus
UNIVERSITY OF DELHI - Respondent
W.P.(C.) 5923 of 2003
Decided On : 05/27/2004

Advocates Appeared:
Anurag Mathur, DIVAN SINGH CHAUHAN, PUNIT AGRAWAL, V.P.Chaudhary, V.P.Singh

Headnote:Constitution – emergency powers – Sections 4, 8, 17, 21 and 30 of Delhi University Act, 1922 and Constitution of India – whether Vice Chancellor in facts of present case exercised his power judiciously for selection of principal of college – petitioner applied for post of principal – selection committee recommend name of persons for final selection – after considering minutes of selection committee governing body passed resolution in favor of petitioner – Vice chancellor directed for re advertisement of post in view of his opinion that due process not followed by selection committee – normal course of collective decision contemplated by Ordinance avoided only when emergency situation exists – Vice Chancellor did not disclose emergency situation – held, Vice Chancellor did not exercised his power judiciously.

PRADEEP NANDRAJOG, J.

( 1 ) PETITIONER seeks to impugn letters dated 15. 5. 2003 and 13. 6. 2003 addressed to Shyamlal College (hereinafter referred to as the college ) by the University of Delhi (hereinafter referred to as the university ).

( 2 ) LETTER dated 15. 5. 2003 directs the college as under:-

"shri Ravindra Kumar Gupta, chairman, governing Body, Shyam Lal College, c/o M/s. S. Chand and Co. 7361, Ram Nagar, new Delhi- 110 055. Dear Sir, please refer to your letter dated 16th April, 2003 addressed to the Vice-Chancellor, University of Delhi, Delhi sending therewith resolution of the Governing Body, Shyam Lal College, regarding appointment of the Principal of Shyam Lal College. In this connection, I am directed to inform you that the recommendation of the Governing Body of Shyam Lal College for the appointment of Dr. R. K. Sharma as Principal has not been approved by the competent authority. The college is directed to re-advertise the post of Principal immediately. "

( 3 ) LETTER dated 13. 6. 2003 directs the college as under:-

"shri Ravindra Kumar Gupta, chairman,governing Body, shyam Lal College, c/o S. Chand and Co. 7361, Ram Nagar, qutab Road, new Delhi. Dear Sir, this has reference to your letter dated 19th May, 2003, in reply to the letter sent by the undersigned on 15th May,2003, stating that the appointment of Dr. R. K. Sharma as Principal of Shyam Lal College (Morning) has not been approved by the Competent Authority. In this connection, this is to inform you that the Competent Authority, is the Vice-chancellor, University of Delhi under the provisions of Ordinance XVIII-7. The Vice-Chancellor has not seen fit to approve the appointment of Dr. R. K. Sharma as the Selection committee minutes enclosed with the letter sent by you on 16. 4. 2003 (received by the University on 23. ,4. 2003 show that due procedure has not been followed in recommending the name of Dr. R. K. Sharma. Further more, the Academic Council Expert on the Selection Committee has stated that "nobody is suitable" to be appointed. You are, therefore, requested to re-advertise the position and send the recommendations as per the provisions of Ordinance XVIII 7 (2) at the earliest but not later than 15th August, 2003. "

( 4 ) IMPLEMENTING the direction contained under the letters aforesaid, the college re-advertised the post of Principal of the College and invited applications. Petitioner, in addition, seeks quashing of said advertisement dated 17. 8. 2003.

( 5 ) UNIVERSITY of Delhi stands established under the Delhi University Act 1922. Statutes, Ordinances and Regulations are the ones made under the Act. Under Section 4 of the Act, the University has, amongst others, following power:-

"4. The University shall have the following powers, namely : (1 ). . . . . . . . . . . . . . . (2 ). . . . . . . . . . . . . . . (3 ). . . . . . . . . . . . . . . (4 ). . . . . . . . . . . . . . . (5 ). . . . . . . . . . . . . . . (6 ). . . . . . . . . . . . . . . (7 ). . . . . . . . . . . . . . . (8 ). . . . . . . . . . . . . . . (9) to maintain Colleges and Halls, to admit to its privileges Colleges not maintained by the University and to withdraw all or any of those privileges, and to recognise Halls, not maintained by the University and to withdraw any such recognition. "

( 6 ) SECTION 8 of the Act lists the officers of the University. Same reads as under:-

"8. The following shall be the officers of the University : (i) the Chancellor, (ii) the Pro-Chancellor, (iii) the Vice-Chancellor, (iv) the Pro-Vice-Chancellor, if any, (v) the Treasurer, (vi) the Registrar, (vii) the Deans of the Faculties, and (viii) such other persons in the service of the University as may be declared by the Statutes to be officers of the University. "

( 7 ) SECTION 17 of the Act lists the Authorities of the University. Same reads as under:-

"the following shall be the Authorities of the University : (i) the Court, (ii) the Executive Council, (iii) the Academic Council, (iii-a) the Finance Com








































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top