On Monday, the High Court of Delhi observed that teachers cannot be allowed to suffer in the blame game between the Delhi Govt & Delhi University colleges.
Hearing a petition filed by the Delhi University Students Union (DUSU) that has challenged the AAP Govt’s order asking twelve Delhi University colleges to pay outstanding salaries to staffers from the Students Society Fund (SSF), the Court told the union’s counsel to make all twelve colleges parties in the case & to refused to pass any order in their absence.
On Oct 16, the Delhi Govt had told the twelve colleges fully funded by it to pay the salaries of more than 1,500 staff—teaching & non-teaching—from the students fund & directed that the amount should be released within 2 weeks.
The Delhi Govt’s order was challenged by DUSU, following which the Delhi HC stayed the order on Oct 23. Justice Navin Chawla, while issuing notice, transferred the matter to the Court of Justice Jyoti Singh where similar cases were pending.
On Monday, Justice Jyoti Singh asked the DUSU counsel to make all 12 colleges parties in the case. The Court said Delhi University is the guardian of its colleges & it is its responsibility to put things in order & solve issues.
“The colleges should be made a party. In this blame game, teachers cannot be allowed to suffer. Where should teachers go then?...I am wondering & amazed that colleges that should be made first party are not made a party at all,” the Judge said, adding it would be unfair to pass any order in the absence of colleges.
Appearing for the Delhi Govt, its lawyer told the Court that the stay granted on Oct 23 should be vacated as the colleges were not present in the hearing. He said since the Court is seeking the presence of all the twelve colleges, the stay order can't be sustained because the colleges have not been heard.
However, the Court, said even if there is force in the argument, it will not pass any order at this stage.
Lawyer Jivesh Tiwari, who represented DUSU, sought some time, following which the matter was listed for Nov 5.
Advocate Aakanksha Kaul, appearing for DU, said it is supporting the students’ petition & that the students’ fund cannot be used for paying salaries of teachers & it will amount to cheating the pupils.
The HC asked the Delhi University lawyer to take instructions on the issue of funds & grants from the higher authorities & inform the Court about it on the next date of hearing.
The DUSU said that such arbitrary & illegal usage of the money raised by students for their academic welfare had forced the petitioner to move Court.
The appeal said the directorate of higher education directed the twelve colleges, which are 100 per cent funded by the Delhi Govt, to utilise the Students Society Fund (SSF) to pay salaries.
The twelve colleges are Acharya Narendra Dev College, Dr Bhim Rao Ambedkar College, Bhaskaracharya College of Applied Sciences, Bhagini Nivedita College, DeenDayal Upadhyaya College, Aditi Mahavidyalaya Women’s College, Indira Gandhi Institute of Physical Education & Sports Sciences, Keshav Mahavidyalaya, Maharaja Agrasen College (DU), Maharshi Valmiki College of Education, Shaheed Rajguru College of Applied Sciences for Women & Shaheed Sukhdev College of Business Studies.
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