The judgment emphasizes the importance of following statutory procedures and the discretionary nature of the High Court's power under Article 226, highlighting the need for adherence to statutory provisions and the discretionary nature of the High Court's power in cases where the demand of justice is compelling.

JUDGMENT

1. The instant appeal has been filed against the Judgment dated 15.12.2021, passed by the learned Single Judge of this Court in W.P.(C) 2611/2019, whereby the following directions had been given by the learned Single Judge:

"51. Accordingly, writ petition is allowed. Order dated 25.05.2016,whereby the resignation tendered by the Petitioner was accepted as well as order dated 31.05.2016, whereby Petitioner was relieved and order dated 03.11.2016, whereby the request of the Petitioner for withdrawal of resignation was rejected, are quashed and set aside. Respondent is directed to reinstate the Petitioner into service within a period of four weeks from today. Petitioner shall be entitled to all consequential benefits including continuity of service. Petitioner shall also be entitled to fullback-wages along with interest at the rate of 9% p.a. from the date he was relieved from the services of the Respondent till the date of reinstatement, except for the period he was gainfully employed"

2. The facts, in brief, leading to the instant appeal are as under:

a) It is stated that the Appellant-University invited applications for the post of Assistant Registrar (Legal) under the Unreserved category. On 10.08.2010, interviews were conducted for five posts of Assistant Registrar, and on the basis of the recommendation of the Selection Committee, the Vice-Chancellor of the Appellant-University offered the post of an Assistant Registrar to the Respondent herein. Accordingly, on 23.08.2010, the Respondent joined the Appellant-University as Assistant Registrar (Legal).

b) Vide Delhi Technological University (Amendment) Act, 2012, Section 22 of the Delhi Technological University Act, 2009 (hereinafter referred to as the 'DTU Act') was amended, and Section 53 was added to the DTU Act. By way of newly amended Section 22, the Board of Management (hereinafter referred to as the 'BOM') was to consist of the following persons:

"The Board of Management shall consist of the following persons:-

(a) Chairperson shall be eminent educationist or an eminent scientist or eminent engineer/technologist or eminent industrialist to be nominated by the Chancellor. (b) The Vice Chancellor of the University

(c) Three eminent persons in the disciplines of science, engineering, technology and management, nominated by the Government

(d) Two Professors of the University nominated by the Government.

(e) Two Deans of the University nominated by the Government

(f) A representative of an Industry Association, nominated by the Government

(g) Principal Secretary or Secretary (Finance) to the Government ex-officio;

(h) Principal Secretary or Secretary (Higher Education) to the Government ex-officio;

(i) Principal Secretary or Secretary (Technical Education) to the Government ex-officio;

(j) Such other member or members as may be prescribed by the Statutes"

Section 53 was also added which stated that the Chancellor could either suo moto or on the recommendation of the BOM issue such directions as may be necessary or expedient in the interest of administration, financial or academic functioning of the University and, in particular, to ensure peace and tranquillity in the University as well as to protect the property of the University.

c) The amended Section 22 of the DTU Act mandated for the BOM to be headed by a Chairman, however, no one was appointed to this post. On account of the vacancy, the Appellant was facing problems with getting approvals in matters pertaining to academic, administration, financial and other matters of routine nature, and therefore, in its 16th Meeting, vide agenda item No. 16.6, the BOM proposed for the powers of the BOM to be exercised by the Vice-Chancellor in order for a smooth functioning of the University in terms of clause (o) of Section 10(2) of the Delhi Technological University (First) Statutes, 2009(hereinafter referred to as the 'Statute').

d) On 24.09.2015, Professor Yogesh Singh, Director of Netaji Subhash Chandra Institute of Technology (NSIT),