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2012 Supreme(Del) 3135

DELHI HIGH COURT
Suresh Kait, J.
Ashvin Chadha - Appellant
Versus
University of Delhi & Ors. - Resopndent
W.P.(C) No. 497/2012
Decided On : 20-11-2012

Advocates:
Mr. Sandeep Sethi, Sr. Adv. with Mr. Amit Sethi, Mr. Ishan Khanna , Ms. Preeti Gupta, Advs. for Petitioner.
Mr. Dhruv Mehta, Sr. Adv. with Mr. Mohinder Rupal , Mr. Sriram Krishna, Advs. for R 1.
Mr. Amitesh Kumar , Mr. Sudhanshu Shekhar, Advs. for Respondent No. 3.

Headnote:

University Grants Commission (Minimum Qualification for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for Maintenance of Standards in Higher Education) Regulations, 2010 - Ordinance XVIII Clause 7(3)3(c) - Clause 5.6.1 - Appointment of OSD - Non approval to the names of Principal - Conflict in Ordinance and Regulations - Held that in case of conflict, Regulations shall prevail - Direction given for granting approval to the name of Principal.

JUDGMENT :

Suresh Kait, J.:—

1. Vide the instant petition, the petitioner seeks the following reliefs:-

a) Issue appropriate writ/order/direction in the nature of writ of certiorari thereby declaring that the very appointment of respondent No.2 as OSD by respondent No. 1 is illegal, unwarranted, unlawful, arbitrary and is violative of Ordinance XVIII Clause 7 (3)(c).

b) Issue appropriate writ/order/direction in the nature of writ of certiorari or mandamus thereby holding that continuance of respondent No.2 at the post of Office on Special Duty despite decision of Governing Body vide Resolution dt. 01.10.2011 to the effect that his services are no more required, and furthermore on expiry of tenure of six months in terms of Ordinance XVIII clause 7(3)3(c) is illegal, unlawful and arbitrary and therefore the University of Delhi-respondent No.1 is required to relieve the respondent No.2 (OSD) immediately from Atma Ram Sanatan Dharma College, to enable the petitioner & even Governing Body to function properly;

c) Issue appropriate writ/order/directions in the nature of writ of mandamus thereby directing the University of Delhi-respondent No.1 to immediately approve any of the two names proposed by the Governing Body for the post of Vice Principal and simultaneously call back the office on Special Duty-respondent No. 2 as per Resolution/Minutes of Meeting dat.01.10.2011 of the present Governing Body.

d) Issue appropriate writ/order/directions in the nature of writ of mandamus thereby directing the respondent No.1 to mandatorily adhere to and strictly follow the University Grants Commission (Minimum Qualification for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for Maintenance of Standards in Higher Education), Regulations, 2010 published in Gazette of India on 18.09.2010 for the purposes of appointment of Principal as per Clause 5.6.1 of said Regulations.

2. Brief facts of the case are that the process for appointment of Principal was initiated by the then Governing Body, by giving advertisement for the post of Principal. Sh. C.M.Chadha, the then Chairman of the Governing Body informed the Vice Chancellor of respondent No. 1 to suggest the names of Nominees for Selection Committee so that interview for the post of Principal could be conducted. On 03.05.2010, respondent No. 1 provided the names of Nominees as well as Panel of Experts for conducting the interview for the said post. Thereby, letters were issued on 02.07.2010 to various candidates requesting them to appear before the Selection Committee for interview on 31.07.2010. Pursuant to information from respondent No.1, the University Grants Commission (Minimum Qualification for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for Maintenance of Standards in Higher Education), Regulations, 2010 has been enacted, therefore, the interview was postponed till further directions.

3. Vide communication dated 16.12.2010, the then Chairman of Governing Body sought clarification from respondent No.1 as to whether it can start the process of appointment of Principal as per UGC Regulations, 2010. Thereafter, again a request was made on16.02.2011 for necessary intimation.

4. The names proposed by Atma Ram Trust & Sanatan Dharam Sabha (for short ‘ARSD’) for Governing Body of the college were not deliberately approved by respondent No.1 thereby creating situation of non-existence of regularly constituted Governing Body which situation continued till 06.07.2011 when the respondent No.1 ultimately approved the fresh names. On 30.04.2011, the tenure of the then Vice Principal Dr. Rajesh Mohan working as Acting Principal was expired. Truncated Governing Body comprising of two members of the University and two members of Teachers of ARSD College on 01.05.2011 approved the name of the Senior Most Teacher i









































































































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