IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR KAIT, J.
Dr. Ratan Lal - Petitioner
Versus
Hindu College & Ors - Respondents
W.P.(C) 8865 of 2018
Decided On : 27-11-2018
API Scores - Principal Appointment - RTI Act, 2005 - UGC Norms - Ordinance XVIII - [SUMMARY]
Fact of the Case:
The petitioner applied for the position of Principal in Hindu College and was found ineligible based on API scores. Allegations of non-transparency and favoritism were raised. The petitioner sought information under the RTI Act, 2005, but faced delays and non-disclosure. The petitioner filed a writ petition challenging the selection process.
Finding of the Court:
The court found that the selection process was not fair and transparent, quashing the process and directing a fresh assessment. It also mandated the inclusion of a representative from the Scheduled Caste category in the Selection Committee.
Issues: Allegations of non-transparency, favoritism, and lack of representation from the Scheduled Caste category in the Selection Committee.
Ratio Decidendi: The court held that the process was not fair and transparent, leading to the quashing of the selection process and the directive for a fresh assessment with proper representation.
Final Decision: The writ petition was allowed, and the respondents were directed to conduct a fresh assessment for the Principal appointment with the inclusion of a representative from the Scheduled Caste category.
JUDGMENT :
1. The petitioner has preferred the instant petition for seeking the relief as under:-
A. Issue an appropriate writ, direction or order move over in the nature of mandamus directing the respondent No. 1 and 2 to reveal the API Scores of all the candidates falling within the category of eligible for interview along with their documentary proof;
B. Issue an appropriate writ, direction or order more over in the nature of mandamus directing the authorities to amend the list of eligible candidates for interview dated 18.06.2018 by adopting a fair, just, reasonable and rationale method and consequently add the name of Petitioner in list of eligible candidates;
C. Issue an appropriate writ, direction or order more over in the nature of certiorari for quashing the notice vide which the interviews have been scheduled for 25.08.2018;
D. Call for the records of selection to the post of Principal;
E. Direct other reliefs, including costs of this Petition, as this Hon’ble Court may deem fit and proper in the nature and circumstances of the case; and
F. Pass any other Order or Orders which this Hon’ble Court may deem fit and proper.
2. Brief facts of the case are that vide advertisement dated 10.10.2017, online applications were invited for the post of Principal in Hindu College, University of Delhi, New Delhi. Accordingly, on 10.11.2017, the petitioner submitted his completely filled online application form for the said post.
3. On 15.01.2018, pre- screened data for the aforesaid post was declared wherein List-I contained names of the eligible candidates on the basis of the API Scores but, without API Score against the names. List-II contained names of the ineligible candidates with their respective API Scores and reason for ineligibility. Since the name of the petitioner was not in the eligible candidates, therefore, he sought information under Right To Information Act, 2005 (herein after referred to as RTI Act, 2005) regarding the pre-screened data for the post of Principal released on 15.01.2018.
4. Moreover, the petitioner on 29.01.2018, through email, raised objections and re-submitted all the documents, which supported his candidature and eligibility for the post of Principal, to respondent No. 2, the Chairman, Governing Body, Hindu College and respondent No. 3 the Vice Chancellor, University of Delhi. In response to the RTI Application, dated 19.01.2018, the petitioner received reply from the Central Public Information Officer, University of Delhi, wherein an Original Application No. 123 of 2018 was assigned to the Application and the Petitioner was informed that the said RTI Application has been transferred to the PIO/ Principal, Hindu College.
5. On not receiving a reply to his RTI Application dated 19.01.2018, on 22.02.2018, the petitioner intimated the first appellate authority, University of Delhi of the same. Thereafter, on 27.02.2018, the petitioner received point wise reply to the information. Out of six points on which the information was sought, the college denied possession of 5 information and directed to the college website for information No. 1.
6. Being dissatisfied with the reply of PIO, Hindu College, on 05.03.2018, the petitioner filed the first appeal before the First Appellate Authority, University of Delhi (Joint Registrar) and the First Appellate Authority, Hindu College (Officiating Principal). On 04.04.2018, the First Appellant Authority, Hindu College intimated the petitioner of its decision by way of a letter in which it was stated that the information sought has already been provided by the PIO, University of Delhi.
7. The petitioner being aggrieved by the non-disclosure of the information, on 03.05.2018, he filed a second appeal before the Central Information Commission, New Delhi. However, the First Appellate Authority, University of Delhi intimated the petitioner of its decision by way of a letter dated 04.05.2018. Final list of candidates eligible for interview was released twice by the Chairman, Governi
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