Dr. Asha vs University Of Delhi And Ors
2016 Latest Caselaw 7093 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         W.P.(C) No.7289/2016

%                                                    25th November, 2016

Dr. ASHA                                                   ..... Petitioner
                          Through:       Mr. Rajesh Banati, Advocate with
                                         Mr. Vikram Singh, Advocate.
                          versus

UNIVERSITY OF DELHI AND ORS                                ..... Respondents

Through: Mr. Mohinder J.S. Rupal, Advocate for respondent No.1.

Mr. Darpan Wadhwa, Advocate with Mr. Sandeep Das, Advocate and Mr. Ankit Mangla, Advocate for respondent No.2.

Mr. Harsh K. Sharma, Advocate with Ms. Ragini, Advocate, Ms. Vaibhavi Sharma, Advocate, Mr. Raghav Ghai, Advocate and Mr. Rohit Gaur, Advocate for respondent No.3.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

C.M. No.32544/2016 (for directions)

1. By this application, the respondent no.3/Governing Body of

Daulat Ram College seeks vacation of the interim order passed by a learned

Single Judge of this Court on 19.8.2016, and which order reads as under:-

"WP(C) 7289/2016 Notice.

Ms. Simran Jeet accepts notice for respondent No.1 Issue notice to respondent Nos. 2 & 3 through ordinary process, Speed Post as well as dasti, returnable on 24th March, 2017. Reply be filed in four weeks. Rejoinder thereto, if any, be filed in four weeks thereafter.

CM APPL. 29982/2016 (stay) Notice. Ms. Simran Jeet accepts notice for respondent No.1. Issue notice to respondent Nos. 2 & 3 through ordinary process, Speed Post as well as dasti, returnable on 22nd September, 2016.

Reply be filed in four weeks. Rejoinder thereto, if any, be filed before the next date of hearing of this application.

It is the petitioner's case that she was appointed as a Warden of the College Hostel through due process by letter dated 6th May, 2016. She has taken over the charge of the Hostel on 21.05.2016 and has been discharging her duties ever since. Lately, she has come to know that at the behest of respondent No. 3, she is likely to be removed from the said post without assigning any reason for the same.

The learned counsel for the petitioner submits that her removal would have to be done only as per the procedure prescribed which would be a meeting of the Staff Council presided over by the Principal which process has not been undertaken till date. The petitioner apprehends that she is likely to be removed from the said post today at 3 o'clock which would be against the rules and a person not selected through the prescribed process would be sought to be imposed.

In the circumstances, status quo apropos the petitioner's position as Warden of the Daulat Ram College Hostel shall be maintained till the next date of hearing.

Renotify on 24th March, 2017.

Order dasti, under the signature of the Court Master."

2. The order dated 19.8.2016 came to be passed on the pleading

and case as set up by the petitioner that it is the petitioner who has been

appointed as a Warden of the hostel in Daulat Ram College as per the letter

dated 6.5.2016 issued by the respondent no.2/Principal of the Daulat Ram

College. This letter dated 6.5.2016 reads as under:-

      "DRC/11-Hostel/160(A)                            May 6, 2016


      Dr. Asha,
      Associate Professor,
      Department of Chemistry,
      Daulat Ram College,
      Delhi.

      Dear Madam,

As per University Calendar, Ord. XVIII, 6-A, 5(b)(iii), the Staff Council in its meeting held on 6th May, 2016 unanimously recommended that you be appointed as Warden. The undersigned as Chairman of Staff Council and Principal of the College, appoints you as Warden of Daulat Ram College Hostel w.e.f. 21st May 2016 for a term of two years. Your appointment will be governed by the rules laid down by the University of Delhi. You will get an allowance of Rs. 3000/- per month as per UGC norms. You will be responsible for the administration of the Hostel and discharge duties of Warden, under the supervision of Principal.

You are requested to assume charge as Warden in the forenoon of 21st May, 2016.

In case the above terms and conditions are agreeable to you, kindly let me have your acceptance within a week from the issue of this letter. Yours truly,

Sd/-

(Dr. Savita Roy) Principal

Copy to College Hostel"

3. On behalf of the respondent no.3/applicant, it is argued that the

respondent no.2/Principal has no power/authority to appoint the Warden of

the hostel because the appointment has to be done by the management of the

respondent no.3/college and which vests with governing body of the

college. On behalf of the respondent no.3, in support of this proposition,

reliance is placed upon the letter dated 23.10.2013 of the respondent

no.1/University of Delhi and which letter reads as under:-

"No.CS-1/015/Misc./(D)/2013/219 Dated:-23.10.2013 The Acting Principal, Daulat Ram College, 4, Patel Marg, Maurice Nagar, University of Delhi, Delhi-110 007

Madam, This has reference to your letter dated 19.09.2013 regarding appointment of Matron in the College Hostel.

In this context, I am directed to inform you that the appointment of Warden/Matron in a college Hostel is purely an administrative affair of the college and the University has no role to play in this behalf. In view of this, it is advised to place the matter before the Governing Body of the College to address the issue in its ambit.

Yours faithfully, Sd/-

Assistant Registrar (Colleges)"

4. In fact, this letter relied upon by the respondent no.3 dated

23.10.2013 is similar to another letter issued by the respondent

no.1/University of Delhi dated 13.6.2016 and which is relied upon by the

petitioner and this letter reads as under:

"No.CS-1/015/Misc./(D)/2016/775 Dated:-13.06.2016 The Principal, Daulat Ram College, Maurice Nagar, University of Delhi, Delhi-110 007

Madam, This has reference to your letter No.DRC/11-Hostel/328 dated 08.06.2016 regarding appointment of Warden in the College Hostel. In this context, I am directed to inform you that the appointment of Warden in a college Hostel is purely an administrative affair of the College and the University has no role to play in this behalf. Further, you are advised to act as per Clause 6-A, 5(b)(iii) of Ordinance XVIII of the University.

Yours faithfully, Sd/-

Assistant Registrar (Colleges)"

5. It is therefore clear that as per the University of Delhi, under

whose aegis the respondent no.3/college functions, has stated that the issue

of appointment of Warden/Matron in a college hostel is purely an

administrative affair of the college concerned. It is trite that administration

of a college which is run by a trust is in the hands of the Governing Body of

the trust, and the respondent no.3/college is being run by a trust. Therefore,

it is the Governing Body who will decide who is to be appointed as a

Warden of the hostel of the respondent no.3/college unless and until it is

shown that the power to appoint a Warden of the hostel has been delegated

to a delegatee and such delegatee has in accordance with the delegated

power appointed the Warden.

6. On behalf of the petitioner as also the respondent no.

2/Principal who supports the petitioner, reliance is placed upon the Rule 6-A

(5) (b) (iii) of Ordinance XVIII of the University of Delhi with the decision

of the staff council dated 6.5.2016 appointing petitioner as the warden. For

the sake of convenience the entire sub-rule (5) of Rule 6-A is reproduced as

under:

"(5) (a) Subject to the provisions of the Act, the Statutes and the Ordinances of the University, the Staff Council shall take decisions in respect of the following matters:

               (i)     Preparation of College time-table.
               (ii)    Allocation of extra-curricular work of teachers not involving,
                       payment of remuneration.

(iii) Organising extra-curricular activities, including cultural activities of students, sports, games, National Services Scheme and other social services schemes and academic societies.

(iv) Laying down guide-lines for purchase of library books and laboratory equipment in consultation with the appropriate departments.

(v) Organising admission of students.

(b) Subject to the provisions of the Act, the Statutes and the Ordinances of the University, the Staff Council shall make recommendations in respect of the following matters:

(i) Formulation of recommendations on introduction of new teaching posts in the departments and expansion of the existing departments;

(ii) Formulation of admission policy within the framework of the policy laid down by the University;

(iii) Formulation of guidelines regarding arrangements for the residence and welfare of students in consultation with appropriate students' organizations.

(iv) Formulation of guidelines regarding discipline of the students;

(v) Formulation of policies for recommending names of teachers for participation in seminars and conferences and financial assistance to teachers.

Note: The administrative staff of the College will not be within the purview of the Staff Council." (underlining added)

7. Reliance placed upon by the petitioner and the respondent no.

2/Principal on this Rule 6-A (5) (b) (iii) of Ordinance XVIII of the

University of Delhi is misconceived, firstly for the reason that this rule only

provides for formulation of Guidelines. This rule does not talk of who has

to appoint the Warden. Formulation of Guidelines with respect to

arrangements for the residence of students is different than an actual power

of appointment for a warden of a hostel. A power of appointment has to be

specifically conferred, and this Court cannot infer power of an appointment

from a power given to the staff council as per Rule 6-A (5) (b) (iii) of

Ordinance XVIII of the University of Delhi for formulation of guidelines.

Therefore, it cannot be held that the staff council is the competent body for

appointing of a Warden of the hostel.

8. The next reason is that the staff council necessarily functions

under the highest body of the respondent no. 3/college, and which is the

trust which runs the respondent no. 3/college. The Governing Body of the

college being the trust therefore is the body which can decide who is or is

not to be the Warden of the hostel of the college. Petitioner therefore had to

satisfy this court that it is the Governing Body who had appointed the

petitioner of at least that Governing Body had delegated the power of

appointment of the Warden of the hostel to the respondent no.2/Principal of

the college or to the staff council. Obviously, in spite of the repeated queries

to the respective counsels, no answer is forthcoming and no document is

shown as to whether, if and how the Governing Body of the respondent

no.3/college has delegated the functions of appointment of a Warden of the

hostel to the Principal of the college/respondent no.2 or to the staff council.

Once the Principal or the staff council has no powers under any rules to

appoint the Warden and no resolution of the Governing Body of the

respondent no. 3/college is shown delegating the power of appointment of

the Warden to the Principal/respondent no. 2 or to the staff council,

respondent no.2 had no authority to issue the letter dated 6.5.2016 relied

upon by the petitioner for her appointment as the Warden of the college.

9. Reliance placed upon by the petitioner and the respondent

no.2/Principal to the resolution of the meeting of the staff council dated

6.5.2016 to argue that the petitioner was appointed as a Warden in this staff

council meeting which has been attended by 111 Teachers/Professors of the

college is misconceived for the reasons already given above. It is obvious

that the petitioner seems to have a lot of support if voting was to be held for

appointment to the post of Warden of the hostel by the staff council's

members, however, the argument and the answer begs the question that

whether at all the staff council is authorized to appoint the Warden of the

hostel. As already discussed above, the staff council has no power to

appoint the Warden of the hostel because no delegation is given to the staff

council from the Governing Body to appoint the warden and nor does the

Rule 6-A (5) (b) (iii) of Ordinance XVIII of the University of Delhi shows

that the staff council is delegated the power by the Governing Body to

appoint the Warden of the hostel.

10. In view of the above, it is found that the petitioner cannot claim

to be legally and validly appointed as a Warden of the hostel of the

respondent no.3/college in terms of the letter dated 6.5.2016 issued by the

respondent no.2/Principal and also that petitioner cannot claim to be

appointed as a Warden of the hostel in terms of the minutes of the meetings

of the staff council of the respondent no. 3/college dated 6.5.2016.

11. Ordinarily, the main writ petition itself could have been

decided today itself, but since the writ petition is listed for 24.3.2017 and

today only C.M. No. 32544/2016 filed by the respondent no.3/college is

listed, accordingly this C.M. No.32544/2016 is allowed and the interim

order dated 19.8.2016 is vacated.

C.M. stands disposed of in terms of aforesaid observations.

NOVEMBER 25, 2016                               VALMIKI J. MEHTA, J
godara/Ne