Point of Law: Writ of mandamus – Employment and service matter – Appointment of Principle of college - Selection Process - Appointment of Principal in College has to be as per recommendation of Selection Committee constituted as per Regulation 5.1.6 of UGC Regulations and not as per Ordinance XVIII 7(2) of University. College is justified in overlooking decision of Apex Committee and re-visits its earlier decision in view of Regulations of UGC and appoints Dr. Chopra as Principal on permanent basis in terms of its recommendation.

JUDGMENT :

V. KAMESWAR RAO, J

CM No. 12478/2021 in W.P.(C) 3684/2021 (for exemption)

Exemption allowed subject to all just exceptions.

Application stands disposed of.

W.P.(C) 10615/2020

W.P.(C) 3684/2021

1. As these two writ petitions have been filed by Dr. Anuradha Gupta in respect of the post of Principal in respondent No.2 College namely Delhi College of Arts and Commerce, they are being decided by this common order. For convenience and to appreciate the issues which arises in these petitions, I shall be referring to the facts in each of the writ petitions separately.

W.P.(C) 10615/2020

2. This writ petition has been filed by the petitioner with the following prayers:

“In view of the submissions made hereinabove and the facts and circumstances of the case it is most respectfully prayed that this Hon’ble Court may kindly be pleased to:

A. Issue a writ in the nature of mandamus or any other writ thereby directing the respondents to quashing the arbitrary and illegal order dated 16.12.2020 of appointment of the Respondent No. 3 as Acting Principal of the Respondent No.2/College and all other consequential letters;

B. Restrain the respondent no.2 from removing the petitioner from the post of the Officiating Principal in the Respondent no. 2/college and;

C. Any other order or orders in favour of the Petitioner as this Hon’ble Court may deem fit & proper in the facts & circumstances of the present petition.”

3. Respondent No.1 in this writ petition is University of Delhi (‘University’ for short), respondent No.2 is Delhi College of Arts and Commerce (‘College’ for short), respondent No.3 is Dr. Amrit Kaur Basra (‘Dr. Basra’ for short) and respondent No.4 is the Station House Officer, Sarojini Nagar (‘SHO’, for short).

4. As noted from the prayers, the challenge of the petitioner in this writ petition is primarily to the appointment of Dr. Basra as acting Principal of the College as being illegal with consequential prayer that the College be restrained from removing the petitioner as officiating Principal.

5. The petitioner joined the College as Assistant Professor on August 29, 1999. She is M.Phil and Ph.d in Mathematics and Dr. Basra is working as Associate Professor with the College.

6. It is the case of the petitioner that the post of Principal in College fell vacant when Dr. Rajiv Chopra was repatriated to his parent College (Sri Aurobindo College). As there was no Vice-Principal, the senior-most Teacher, who fulfils the minimum eligibility is to be appointed as Principal.

7. It is the case of the petitioner that Dr. Basra does not fulfil the qualifications for the post of Principal. A reference is made to Ordinance XVIII, Clause 7(3) of the University, which relates to appointment of acting Principal. The clause reads as under:

“(3) In case of a casual vacancy in the office of the Principal, the Vice-Principal, if any, shall until the appointment of the Principal, act as the Principal. In case there is no Vice-Principal, the senior most teacher shall act as Principal. The teacher so to act as Principal shall fulfill the minimum eligibility requirements for appointment as Principal of the College. Such temporary arrangements shall be made ordinarily for a period not exceeding six months and shall require the prior approval of the University”.

8. On May 24, 2020, the University’s representative of the Governing Body of the College received a letter from University stating that the charge of the acting Principal be handed over to the senior-most teacher of the College. A reference is made to the seniority list issued by the College and a letter issued by the University representative of the Governing Body dated May 24, 2020 calling upon the petitioner to take charge as acting Principal of the college.

9. It is the stand of the petitioner that Dr. Rajiv Chopra had filed a writ petition being W.P.(C) 3266/2020 wherein he had challenged his repa