Delhi High Court
Yogeshwar Sharma & Anr vs Vice Chancellor University Of ... on 10 January, 2014
Author: Rajiv Shakdher
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 10.01.2014
+ W.P.(C) 190/2014
YOGESHWAR SHARMA & ANR ..... Petitioners
Through:
versus
VICE CHANCELLOR UNIVERSITY OF
DELHI NORTH CAMPUS, DELHI & ORS ..... Respondents
Through:
Advocated who appeared in this case
For the petitioners: Mr. P.C. Sharma, Advocate
For the respondents: Mr. Mohinder J.S. Rupal, Advocate for respondent no.1/
University of Delhi
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
RAJIV SHAKDHER, J
1. The petitioners herein claim to be appointed as Associate Professors
in the Department of Chemistry in Moti Lal Nehru College, University of
Delhi. They aver that they have been teaching their respective subjects of
specialization since their appointment in the aforementioned college.
2. It is the case of the petitioners that respondent no.4 had applied in
2006 for appointment to the post of Lecturer in the reserved category. The
said respondent had apparently given his preference as inorganic chemistry.
It is the case of the petitioner that at that stage, respondent no.4 had declared
his caste as „Meena‟.
3. To be noted, the application for appointment was made against
reserved category i.e., Scheduled Tribe category. It appears that respondent
no.4 was appointed by the aforementioned college after following the due
process on 31.03.2008. Apparently, respondent no.4 has continued in the
aforementioned post.
4. Respondent no.4 apparently applied for the post of Assistant Professor
in the Department of Environmental Studies showing his specialization as
organic chemistry in the University of Delhi. This application was made on
11.01.2012. It is the case of the petitioners that in the said application,
respondent no.4 has shown his caste as „Mina‟. Apparently, the acting
Principal of Moti Lal Nehru College gave his no objection based on the
representation made by respondent no.4 that he belongs to the caste „Mina‟.
5. The petitioners have also relied upon a caste certificate, which is
appended as Annexure P-4 at page 95 of the paper book to show that
respondent no.4 apparently belongs to the caste „Meena‟.
6. It is also contended that respondent no.4 also claims to belong to
another castes which is „Pachwarya‟.
7. It is the case of the petitioners that respondent no.4 had at different
stages of his career claimed to belong to different castes which is a matter
which requires enquiry by the respondents herein, in particular, the
concerned college i.e., Moti Lal Nehru College.
8. It is in this context that one of the prayers made in the writ petition is
that the appointment letter issued to respondent no.4 be declared as non-est
in the eyes of law. The reason supplied by the petitioner is that respondent
no.4 does not belong to the reserved category i.e., Scheduled Tribe „Meena‟.
9. What propelled the petitioner to move this court against the
appointment of respondent no.4 is the disputes and differences which have
arisen between the petitioner and respondent no.4. It appears that
respondent no.4 had filed a complaint with the concerned college, in which,
inter alia, the allegation made was that he was humiliated and harassed by
the petitioner, in as much, as he was asked to undertake subjects in which he
had no specialization.
9.1 It appears that the Governing Body of respondent no.4, as then
constituted, went into the allegation at its meeting held on 10.04.2013. The
Governing Body, appears to have resolved the issue and inter alia observed
as follows with regard to the complaint instituted by respondent no.4 :
"..H. Dr. Ram Babu Pachwarya‟s communications to the
various authorities such as the Vice Chancellor, shall be
deemed to have been resolved by this action of the
Governing Body, and no cause of action with regard to his
alleged discrimination on the basis of his Scheduled Tribe
status would remain.
I. The Governing Body wishes to encourage the
Principal, the Chemistry, and Dr. Ram Babu Pachwarya to
maintain cordial relations within the Department and the
College to nurture a spirit of academic excellence.
The final decision of the Governing Body in this regard is
that, effective immediately, for all purposes relating to the
allocation of teaching assignments and appointment of new
teachers and all matters relating to Chemistry Department of
the College, the Sub-specialization of Dr. Ram Babu
Pachwarya shall be Organic Chemistry..."
10. It is averred by the petitioners that as a matter of fact, the decision
taken at the meeting of the Governing Body on 10.04.2013 was confirmed at
its subsequent meeting held on 02.11.2013. For this purpose, reliance is
placed on page 156 of the paper book.
10.1 The petitioners aver that while the matter was pending before the
Governing Body, respondent no.4 instituted a complaint with the Chairman
of the Governing Body; which is dated 12.09.2013. A perusal of the
complaint would show that respondent no.4 claims that despite the decision
of the Governing Body dated 10.04.2013, his alleged humiliation continues
and that he is being asked to teach subjects which are beyond his stated
specialization.
10.2 The grievance of the petitioners appear to be that the Chairman of the
Governing Body has forwarded the said complaint to the National
Commission for Scheduled Tribes without the say so of the Governing
Body. It is the contention of the petitioners that as on date, the Governing
Body is not in place, as its tenure has expired.
10.3 It is in this context that the second prayer is incorporated in the writ
petition, which, broadly, seeks a declaration in sum and substance to the
extent that, the complaint dated 12.09.2013, and the letter dated 17.09.2013
forwarding the said complaint to the National Commission for Scheduled
Tribes, does not survive, in view of the decision taken by the Governing
Body, on 02.11.2013.
11. In my view, no interference is called for at this stage. The material
that the petitioner has filed with the present writ petition, which, as indicated
hereinabove, is suggestive of the fact that respondent no.4 has shown
himself to be belonging to different castes at different points in time can also
be forwarded to the National Commission for Scheduled Tribes as they are
already seized of the complaint forwarded by the Chairman of the
Governing Body vide his communication dated 17.09.2013. The Chairman
of the Governing Body / Principal / truncated Body of Moti Lal Nehru
College (which I am told is the nomenclature given to the Governing Body
after its tenure has expired), will do the needful within the next two weeks.
12. Needless to say, the National Commission for Scheduled Tribes,
which I am informed is still seized with the matter forwarded to it by the
Chairman of the Governing Body of Moti Lal Nehru College, will take into
account the material which is required to be forwarded to them pursuant to
the order passed today.
13. With the aforesaid observations in place, the writ petition is disposed
of. The registry will dispatch copies of the order passed today, to the
respondents herein, as well, the National Commission for Schedule Tribes.
RAJIV SHAKDHER, J
JANUARY 10, 2014
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