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IN THE HIGH COURT OF DELHI AT NEW DELHI
V. KAMESWAR RAO, J.
Prof. R.K. Sharma – Petitioner
Versus
University of Delhi and Others – Respondents
W.P. (C) No. 5961 of 2021, C.M. Nos. 18821, 20848, 20849, 23790, 35746, 42850 of 2021
Decided On : 09-12-2021
Constitution of India, 1950 - Article 226 - EC Resolution - Service matter - Seeking condonation delay - Appointment of HoD, Department of Chemistry - Whether petitioner is entitled to be appointed as HoD, Department of Chemistry - Seeking direct the University to produce the original official note sheet and other original documents on record related to the appointment of Prof. P.C. Joshi as Vice Chancellor or acting Vice Chancellor or VC (I/C) signed by Visitor, University of Delhi after his superannuation - declare that the petitioner is eligible for Headship since there is no adverse material against him and he should be appointed as Head of Department of Chemistry as per Ordinance XXIII of the University Calendar.
Finding of the Court:
In view of communication which I have reproduced as above, based on complaint made by the complainant, resulting in report of the Internal Complaint Committee, against certain Teachers, who were part of Interview Board including the petitioner, the decision of the Executive Council is that petitioner be warned for the misconduct committed by him - Though the Vice-Chancellor cannot overlook the seniority, but he can for good and valid reason, refuse to appoint a person as the Head of the Department - It is not a permanent position like a promotion, denial of which causes great prejudice. No such prejudice is caused on being denied post of HoD, for good and valid reasons.
Result: Writ Petition dismissed.
JUDGMENT :
V. KAMESWAR RAO, J.
C.M. No. 20849/2021 (on behalf of respondent Nos. 1 and 2 seeking exemption from filing a notarized copy of affidavit)
Exemption allowed subject to all just exceptions.
Application is disposed of.
C.M. No. 23790/2021 (on behalf of respondent Nos. 1 and 2 seeking condonation of 11 days delay in filing counter affidavit)
For the reasons stated in the application, the same is allowed and a delay of 11 days in filing the counter affidavit is condoned. Application is disposed of.
C.M. No. 35746/2021 (on behalf of respondent Nos. 1 and 2 seeking condonation of 16 days delay in filing the affidavit)
For the reasons stated in the application, the same is allowed and a delay of 16 days in filing the affidavit is condoned. Application is disposed of.
C.M. No. 42850/2021 (by petitioner for filing additional documents)
For the reasons stated in the application, the same is allowed. Additional documents filed by the petitioner are taken on record. Application is disposed of.
W.P. (C) No. 5961/2021
1. This petition has been filed by the petitioner with the following prayers:
(a) allow the present writ petition and quash the Notification No. CNC-I/101/2020/ CHEM/225 dated 10.06.2021 passed by the Respondent No. 1 University of Delhi which is arbitrary and void ab initio.
(b) allow the present writ petition and annul or quash the EC Resolution No. 60-13/- passed in the emergent meeting dated 20.02.2021 by the Respondent No. 2 Executive Council of the University of Delhi which is arbitrary and legal malice.
(c) declare that the petitioner is eligible for Headship since there is no adverse material against him and he should be appointed as Head of Department of Chemistry as per Ordinance XXIII of the University Calendar.
(d) declare that the EC Resolution No. 60-13/- passed in the emergent meeting dated 20.02.2021 and other pending inquiry will not come in the way of petitioner for his future career advancement.
(e) direct the University to produce the original official note sheet and other original documents on record related to the appointment of Prof. P.C. Joshi as Vice Chancellor or acting Vice Chancellor or VC (I/C) signed by the Visitor, University of Delhi after his superannuation.
(f) award the costs of the petition to the Petitioner.
(g) pass any other orders which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.”
2. In substance, the petitioner has challenged the appointment of respondent No. 3 as Head of the Chemistry Department in respondent No. 1/University of Delhi (hereinafter, “University”). Suffice to state, it is the case of the petitioner that he is the senior-most Professor in the University and as such, entitled to be appointed as an HoD, Chemistry Department.
3. The case of the respondent is that pursuant to a complaint of sexual harassment made by a Teacher with regard to certain Professors, including the petitioner, who were part of the Interview Committee, the Internal Complaint Committees were formed, which have not found anything against the petitioner inasmuch as, they have exonerated him. It may be stated here that pursuant to a finding of a third Committee, the University has issued a communication dated October 01, 2021, which reads as under:
Prof. R.K. Sharma,
Department of Chemistry,
University of Delhi,
Delhi-110007
Sir,
Please refer to letter dated 15.06.2018 jointly signed by you with regard to report of the Internal Complaint Committee (ICC) on the complaint of Dr. Ruchi Sharma Pandey against you. In this connection, it is inform you that the Executive Council in its meeting held on 31.08.2021 vide Resolution No. 14(14-1) resolved to accept the recommendations of the ICC.
Therefore, you hereby are:
(i) Warned for the misconduct.
(ii) You shall not participate in the interviews of the compla
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