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1992 Supreme(Del) 19

High Court Of Delhi
M.N.GUPTA - Appellant
Versus
UNIVERSITY OF DELHI - Respondent
Civil 2628 of 1991
Decided On : 01/13/1992

Advocates Appeared:
K.K.LAHRI, KAPIL SIBAL, Mamta Mehra, S.C.Malik Sayeed Uddin

Headnote:DELHI UNIVERSITY STATUTE - Statute 11(G)(4) and 30(1)(D) — Scope — Removal of member of Governing Body of College. There was no grave emergency prevailing in the University to justify exercise of powers by Vice-Chancellor — before any action is taken there has to be a finding of guilt on the part of governing body of college — show-cause notice — action casts stigma on Governing Body — principles of natural justice have got to be complied with.

       Held:

       When the very existence of emergency on which the impugned action is sought to be based, has been questioned, it is the duty of the respondents to plead necessary facts and place material on record, at least to prima facie show existence of emergency in order to justify the exercise of emergency powers. To this extent the issue is justiciable. The respondents have failed to discharge this burden, thereforee, we are of the view that there was no such grave emergency prevailing in the university to justify exercise of powers under statute 11(G)(4) by the Vice Chancellor. No record has been made available before us to show that before issuing the impugned letter the Vice Chancellor had recorded his opinion about a situation of emergency having arisen on account of the alleged remarks of petitioner No.2. For this reason alone, the action of the Vice Chancellor under Statute 11 (G)(4) is liable to be struck down. The principles of natural justice can be moulded or adjusted to a given situation and if there was any such real emergency, may be the Vice Chancellor could enquire on telephone from petitioner No.2 whether such remarks were made by him. Courts have recognised even a telephonic show cause as sufficient in a given situation. A reference to Statute 30 (1)(D) will show that before an action is taken under the same, there has to be a finding of guilt on the part of the Governing Body of the college. The action casts a stigma on the Governing Body. It visits civil consequences on the members. thereforee, principles of natural justice have got to be complied with. Under the circumstances we are unable to persuade ourselves to uphold the action of the respondents in proceeding against the college under Statute 30 (1)(D) and nominating seven additional members to the Governing Body of the college as University representatives. The action is liable to be struck down.

Arun Kumar,j.

( 1 ) THE challenge in this writ petition is to the communication dated 13th August 1991 whereby petitioner No. 2, who is a member of the Governing Body of the Daulat Ram College (hereinafter REFERRED TO to as the college) has been removed from membership and the communication dated 14th August 1991 whereby the Vice Chancellor has nominated seven additional members to the Governing Body of the college for one year. Petitioner No. I has filed the present petition as Chairman and Member of the Governing Body of the college while petitioner No. 2 has filed the petition on his own behalf. The petitioners have raised various grounds in the writ petition in support of their case. However, we have confined our decision to the challenge on the ground of non-compliance with the principles of natural justice. We feel that the impugned actions of respondents 1 to 3 are liable to be struck down on this ground alone.

( 2 ) THE facts giving rise to the petition are that the college was started in the year 1960 as one of the constituent colleges of the University of Delhi. It has a Governing Body of fifteen members out of whom ten have been appointed by the Trust, two members are the nominees of the University, while two members are the teachers representative. The fifteenth member is the Principal of the college who is ex officio member secretary of the Governing Body. The Trust which established the college has always maintained a majority in the Governing Body. The term of the Governing Body is for one year. The members of the Governing Body are approved by the University every year.

( 3 ) THE trouble started since early 1991. On 21st February 1991 a memorandum was sent to the Vice Chancellor by the Daulat Ram College Teachers Association (DRCTA) under the signatures of its Secretary wherein various allegations were made against the Governing Body of the college. When its members came to know about the said memorandum, a request was made to the University for a copy thereof vide letter dated 20th April 1991. A reply was sent to the University to the various allegations made against the Governing Body by the DRCTA. While this matter was pending consideration of the University on 30th May 1991 the names of the members of the new Governing Body of the college were sent to the Vice Chancellor for approval. In the meanwhile the episode relating to Ms. Vijayan, a teacher of the college came up. Ms. Vijayan had been granted two years extension of service and the extended period was to expire on 30th September 1991. However, vide a communication dated 30th April 1991, she resigned from the college with effect from 31st July 1991. Her resignation was accepted by the Governing Body on 6th May 1991 and the Vice Chancellor was informed of this on the same date. The Vice Chancellor was not happy about the acceptance of resignation of Ms. Vijayan by the Governing Body and he expressed his disapproval of this action of the Governing Body through his letter dated 9th May 1991 and called upon the Governing Body of the college to reconsider her re-employment in the college. In spite of the said opinion expressed by the Vice Chancellor Ms. Vijayan was relieved on 31st July 1991 and all her dues were settled. When informed about this the Vice Chancellor again expressed his displeasure in his letter dated 12th July 1991 to the Governing Body of the college and still reiterated his letter dated 9th May 1991, which had required the General Body to recon sider the matter. The views of the Vice Chancellor regarding re employment of Ms. Vijayan were expressed inspite of the fact that there was no request from Ms. Vijayan herself in this connection nor she expressed any desire to withdraw her resignation. While this was pending, the approval of the Vice Chancellor regarding the names of the Governing Body which were sent to him on 30th May 1991 was received on 3rd July 1991.

( 4 ) DUST had not yet settled on Ms. Vijayan s episode, when the incident r











































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