Punjab-Haryana High Court
Dr. Veena Singh vs Dr. B.R. Ambedkar National Law ... on 11 July, 2024
Neutral Citation No:=2024:PHHC:085815
CWP-5505-2024
2024 -1-
IN
N THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP
CWP-5505-2024
Pronounced on
on:11.07.2024
Dr. Veena Singh ...Petitioner(s)
Versus
Dr. B.R. Ambedkar National Law University, Sonepat and others
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present:- Mr. R.K. Malik, Senior Advocate with
Mr. Anshul Labana, Advocate for the petitioner
Mr. Rajesh K. Sheoran, Advocate for respondent no.1
Mr. Ravinder Singh Budhwar, Addl. AG, Haryana
***
TRIBHUVAN DAHIYA, DAHIYA J.
The petition has been filed seeking a writ of certiorari quashing the office order dated 01.03.2024, 01 Annexure P P-6, whereby the petitioner, who was working as Deputy Registrar in the respondent University University, stands repatriated to her parent Department-respondent Department respondent no.3/Directorate of Secondary Education.
2. Succinctly facts of the case are, the petitioner was initially Succinctly, appointed as Principal, Principal Government Senior Secondary School under the Department of Secondary Education, by way of direct recruitment, and joined as such on 22.07.2008. While working there, she made an application application, dated 11.09.2020, for appointment as Deputy Registrar on deputation in the respondent University. Considering her qualification, work experience, xperience, profile and exigency of official work, the request was accepted and she was offered 1 of 11 ::: Downloaded on - 19-07-2024 05:07:33 ::: Neutral Citation No:=2024:PHHC:085815 CWP-5505-2024 2024 -2- the post on deputation basis initially for a period of one year, extendable up to three years, vide appointment letter dated 24.09.2020, Annexure P P-1.
1.Accepting the offer, she joined the University on the post.
2.1. Sometime later, l the Vice-Chancellor Chancellor constituted a Committee to fix "the the responsibility of administrative lapse and examine the irregularity irregularity, if any, in respect of engagement of Dr. Veena Singh Singh, as Deputy Registrar on deputation and Dr. Satish Kumar, Assistant Registrar on deputation basis basis"..
After examining the record and presentations made by the officials concerned, the Committee, Committee as recorded in its minutes dated 27.03.2022 27.03.2022, Annexure P-2,, concluded as under:
Perusal of the record produced by the University testify the facts that the officers taken (on) deputation were shortlisted by the Competent Authority, NOC was obtained from the cadre controlling authority and both the officers were found eeligible ligible to be taken on deputation in view of the qualification and experience.
In the given scenario the committee is of considered view that there has been neither any lapse nor any infirmity in taking two officers on deputation. As per provision of Unive University rsity Act, Executive Council is the competent authority for granting such approval which the University sought and granted by the Executive Council.
2.2. Thereupon, the matter to consider absorption of the petitioner as Deputy Registrar Regist was placed before the Executive Council (for short short, 'EC') in its meeting held on 10.09.2022. As per minutes of the meeting, Annexure P P-3, 3, the Council resolved resol ed to approve the petitioner's absorption as Deputy Registrar against a sanctioned post with effect from 02.03.2021. Having been so absorbed, the petitioner continued working as Deputy Registrar.
2.3. After due absorption by the competent authority authority, the Vice--
Chancellor sought 'No No Objection Certificate Certificate'(for short, 'NOC') from the 2 of 11 ::: Downloaded on - 19-07-2024 05:07:34 ::: Neutral Citation No:=2024:PHHC:085815 CWP-5505-2024 2024 -3- Directorate by writing a letter to the Principal Principal Secretary, dated 06.03.2023, Annexure P-4,, which reads as under:
In continuation of letter Estt/2022/244 dated 28.02.2023, I, feel it my pleasure to inform you that the case of absorption of services in respect of Dr. Veena, Principal, GSSS Bhapora Bhapora,, Bhiwani (Emp. ID 078173) has been considered and approved by the Executive Council of the University in its 7th meeting vide resolution No. 08 held on 10.09.2022. The services of concerned officer considered for 10.09.2022.
absorption w.e.f. 02nd March, 2021 to the post of Deputy Registrar against sanctioned post.
In view of the above, it will be appreciated if you could kindly issue No Objection Certificate for her absorption in this University to the post of Deputy Registrar.
In response, the Directorate Directorate conveyed to the University vide letter dated 12.02.2024, Annexure P-5, P that it had no objection to the petitioner's absorption as Deputy Registrar.
2.4. Despite the approval of petitioner's absorption by the EC on 10.09.2022,, and no objection to t the same having been conveyed by the Directorate,, the Registrar, Regist vide impugned office order dated 01.03.2024,, repatriated the petitioner and relieved reli ved her to join the parent Department; the order reads as under:
Dr. Veena Singh, Deputy Registrar, on completion of her deputation period on 01.03.2024 is hereby repatriated and accordingly she is being relieved in the afternoon of today i.e. 01.03.2024, to enable her to join her parent department i.e Directorate of School Education, Govt. of Haryana, Panchkula.
Panchkula.
In these circumstances, the petitioner had to join her parent Department. She, however, challenged the order by filing the instant petition soon thereafter.
2.5. The University has contested the petition by pleading that the petitioner's deputation was initially for one year year, and after extensions it came to an end on 01.03.2024. On receiving NOC NOC, dated 12.02.2024, from the 3 of 11 ::: Downloaded on - 19-07-2024 05:07:34 ::: Neutral Citation No:=2024:PHHC:085815 CWP-5505-2024 2024 -4- Directorate, her case for absorption could not be placed before the EC for want of quorum. As A per Section 12 (e) of Dr Dr.. B.R. Ambedkar National Law University, y, Haryana Act, 2012, 2012 (for short, 'the University Act') the Chancellor is to nominate three Professors of Law from outside the University as members of the EC for a period of three years which has not been done..
The term of earlier nominated Professors expired on 31.01.2024. Therefore, the decision was taken to repatriate the petitioner under Section 18 of the University Act. It has further been stated that the impugned order order, dated 01.03.2024, is subject to final consideration/approval of the EC as it has been passed by the competent authority by exercising powers in anticipation of its approval. Once the Chancellor's nominees are finalised and composition of the EC is complete, the case for petitioner's petitioner's absorption or repatriation will be placed before it for consideration.
3. In this factual background, learned learned senior counsel for the petitioner contends that the impugned order of repatriation is per se illegal since it has been passed on the assumption that the pe petitioner continued to be on deputation with the University. The fact however is is, she was absorbed as Deputy Registrar in terms of the EC Resolution dated 10.09.2022, and after permanent absorption she could not have been considered on deputation deputation, nor could have she been repatriated by passing the impugned order order.. He has also referred to the Committee's minutes, dated 27.03.2022 27.03.2022, to contend that no infirmity was found in the petitioner's deputation and NOC was duly obtained from the cadre adre controlling authority/Directorate uthority/Directorate before offering the post to her.. Therefore, non-receipt non of NOC cannot be a ground to repatriate the petitioner after her absorption.
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4. Learned counsel for the University has referred to the stand taken in the written statement and contended that the repatriation was ordered since the EC could not consider the petitioner's case for absorption due to lack of quorum.
5. Learned State counsel contends, though the petitioner ha has joined back in the Directorate after being repatriated vi vide de impugned order dated 01.03.2024,, it has no objection to her absorption in the University University.. This has already been conveyed vide letter dated 12.02.2024.
6. Arguments advanced by learned counsel for the parties have been considered, and case file as well as record produced by the Registrar has been perused.
7. As per the University Act, EC is the Chief Executive Authority, having all necessary powers to administer the University. The Vice Vice--
Chancellor is one of the officers with the duty imposed to ensure that provisions of the Act, Statutes and Ordinances are duly observed. Registrar, being another officer of the University, is ex ex-officio officio secretary of all the authorities,, and is bound to comply with the orders and directions issued by the EC, as specifically provided in the University Statutes. Relevant provisions of the University Act to that effect are as under:
12. (1) The following shall be the members of the Executive Council, namely:-
namely:
(a) the Vice-Chancellor
Chancellor of the University as the
Chairperson;
(b) the Chairman, the Bar Council of India, or his nominee
from amongst the members of the Bar Council of India;
(c) the Financial Commissioner and Principal Secretary to Government, Haryana, Finance Department, or his nominee;
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(d) the Financial Commissioner and Principal Secretary to Government, Haryana, Higher Education Department, or his nominee;
(e) three professors of law outside the University nominated by the Chancellor on the recommendation of the Government for a period of three years;
(f) three teachers of the Universi University ty to be nominated by the Vice-Chancellor, Chancellor, of whom one shall be from amongst the Professors, one from amongst the associate professors and one from amongst the assistant professors by rotation for a period of two years; and
(g) two teachers of the University teaching departments other than Professors, to be elected from amongst themselves, for a period of two years. (2) to (5) xxx xxx xxx
13. (1) The Executive Council shall be the Chief Executive Authority of the University and, as such, shall have all powers necessary to administer the University subject to the provisions of this Act and the Statutes made there-under;
there under; and may make Regulations for the said purpose.
(2) to (4) xxx xxx xxx (5) One-third off the members of the Executive Council shall form the quorum at any meeting.
(6) to (9) xxx xxx xxx
17. The following shall be the officers of the University, namely:
namely:-
(a) the Vice-Chancellor;
(b) the Registrar;
(c) Head of the Departments; and
(d) such other officers, as may be prescribed by the Statutes.
18. (1) to (5) xxx xxx xxx
(6) The Vice-Chancellor
Chancellor shall
shall-
(a) ensure that the provisions of this Act, Statutes,
Ordinances and Regulations are duly observed, and shall have all powers as are necessary for that purpose purpose;
(b) to (f) xxx xxx xxx
(g) if, in his opinion, any emergency has arisen which
requires that immediate action be taken, he shall take such action, as he may deem fit and shall report the same 6 of 11 ::: Downloaded on - 19-07-2024 05:07:34 ::: Neutral Citation No:=2024:PHHC:085815 CWP-5505-2024 2024 -7- for confirmation in the ne next xt meeting of the authority which, in the ordinary course, would have dealt with the matter.
7.1. Undisputed facts on record are, the petitioner was appointed as Deputy Registrar on deputation by the University vide letter dated 24.09.2020.
No infirmity was found in her er appointment appointment, which was made by the competent authority after obtaining NOC from the cadre controlling authority.. Besides, she was eligible for the post and had the requisite experience, as recorded in the minutes of the Committee's meeting dated 27.03.2022. Based upon that, she was absorbed in the University as Deputy Registrar against a sanctioned post with effect from 02.03.2021 02.03.2021, vide EC Resolution dated 10.09.2022. Responding to the letter, dated 06.03.202 06.03.2023, subsequently written by the Vice-Chancellor Chancellor, the Directorate conveyed it's no objection to the petitioner's absorption, absorption vide letter dated 12.02.2024 12.02.2024. Even in the face of these facts, the Registrar passed the impugned order of repatriation dated 01.03.2024, by treating the petitioner on deputation up to 01.03.2024 01.03.2024. Once the decision was taken by the EC, the Chief Executive Authority of the University, to absorb the petitioner as Deputy Registrar, she stood so absorbed and became a permanent employee with effect from 02.03.2021. The EC Resolution to that effect was never modified or recalled at any stage. Accordingly, there was no occasion for the Registrar to tr treat eat the petitioner on deputation, and repatriate her to the parent Department Department.
7.2. The Registrar appeared before the Court along with the office record/file pertaining to the petitioner's repatriation on 01.07.2024. A perusal of the record shows that ignoring the EC Resolution absorbing the petitioner in University service, she was treated as deputationist. T The Registrar recorded a note on the office file, dated 29.02.2024,, asking for her repatriation to the 7 of 11 ::: Downloaded on - 19-07-2024 05:07:34 ::: Neutral Citation No:=2024:PHHC:085815 CWP-5505-2024 2024 -8- parent organisation ation which was approved by the Vice-Chancellor the same day,, and the impugned order was passed the very next day day. The notings read as under:
Supdt. (Estt.) In light of the above,, the file may kindly be submitted to the Competent Authority for kind consideration and approval as under:
To extend the deputation of Dr. Veena Singh, Deputy Registrar, for the fourth year in Univer University sity interest under exceptional circumstances since there is shortage of senior and experienced staff. If approved, her consent/willingness consent/willingness may be obtained & paren parentt department may also be requested accordingly.
OR 'X' |¯ ¯ Dr. Veena Singh may be repatriated to her parent department and |_ _relieved on 01.03.2024 (A.N.).
Sd/-
29.02.2024 W/Registar From pre-page pre Sub: Existing appointment i.r.o. Dr. Veena Singh, Deputy Registrar Registrar... xxx ...
W/Registar Sd/-
05.02.2024 HVC Pls discuss Sd/-
12.02.2024 Registrar Discussed and re-submitted submitted that she may be repatr repatriated iated to her parent organisation.
organi Submitted for consideration and further orders, please.
Sd/-
29.02.2024 HVC 'X' at NP-2 approved.
Sd/-
29.02.2024 The Registrar stated before the Court that the aforesaid noting noting, dated 29.02.2024, was recorded and the impugned order order, dated 01.03.2024, was passed on the directions of Vice-Chancellor.
Vice 8 of 11 ::: Downloaded on - 19-07-2024 05:07:34 ::: Neutral Citation No:=2024:PHHC:085815 CWP-5505-2024 2024 -9- 7.3. The aforesaid facts establish that affairs of the University have been run in violation of the statutory provisions. The EC is Chief Executive Authority under the University Act. The Vice Vice-Chancellor Chancellor and other officers have been enjoined powers to ensure due observance of statutory provisions, as also decisions taken by the authorities. However, in passing the impugned order of repatriation, dated 01.03.2024, the Vice Vice-Chancellor and the Registrar ar have arbitrarily treated the petitioner as a deputationist and ignored the decision taken by the highest executive authority approving her absorption in University service, vide Resolution dated 10.09.2022 10.09.2022. It has, in fact, been overruled and violated by the Registrar, statedly under orders of the Vice Vice--
Chancellor. Without going into the veracity of statement made by the Registrar to the extent he attributes the recording of noting for petitioner's repatriation to the dictates of Vice-Chancellor, Chancellor, it is apparent from notings on the file that these the senior most officers,, instead of exercising the administrative powers to ensure compliance of the decision taken by the EC, have acted in derogation thereof in repatriating the petitioner to the parent Department. In doing so, these officers have belittled the EC by their disparaging action, which is without jurisdiction and strongly deprecated. 7.4. In an attempt to justify the action action, a sham explanation has been en put forth by the University that the NOC issued by the Directorate on 12.02.2024 could not be placed before the EC due to lack of quorum for want of Chancellor's nominees, nominees and decision on the petitioner's repatriation had to be taken in emergency. Firstly, the NOC was sent by the Directorate on the Vice-Chancellor's Chancellor's request, request vide letter dated 06.03.2023 06.03.2023, based upon the EC approval to petitioner's absorption as Deputy Registrar against a sanctioned post with effect from 02.03.2021, 02.03.2021 vide Resolution Resolution, dated 10.09.2022.. The 9 of 11 ::: Downloaded on - 19-07-2024 05:07:34 ::: Neutral Citation No:=2024:PHHC:085815 CWP-5505-2024 2024 -10- NOC,, therefore, cannot have the effect of undoing the petitioner's absorption in service, since it was sought only as a consequence thereof. As the petitioner had unconditionally been absorbed in the University service, as already discussed, there was no justification to take the matter again to the EC or treat her on deputation. Secondly,, absence of three nominated members of the EC out of its total strength of twelve, cannot be a restrain on calling the meeting, since quorum for the meeting is one-third third of its members as provided under Section 13 (5) of the University Act.
Act. Therefore, even in the absence of nominated members, members the meeting, if required, could have been held held. Thirdly,, Registrar is not the competent authority to pass any order on the petitioner's repatriation, since she has been absorbed in service pursuant to the EC Resolution. Under Section 18(6)(g) 18(6)( ) of the Act only nly the Vice Chancellor has the emergency power to take a decision, which is meant to be taken by the EC, in anticipation of its approval; and such decision is to be placed before the authority in its next meeting. The impugned order was, however, passed by the Registrar by usurping the power vested in the EC EC, admittedly, with the approval of Vice Chancellor.
Chancellor The office file nowhere records that the decision has been taken by the Vice Chancellor in anticipation of the EC approval by exercising emergency powers for the reasons mentioned mentioned. Accordingly, the impugned order is per se illegal and without jurisdiction jurisdiction.
8. In view of the reasons recorded above, the petition is allowed. The impugned office order, order dated 01.03.2024 01.03.2024, is set aside directing the University to treat the petitioner as Deputy Registrar with effect from 02.03.2021 in terms of the EC Resolution dated 10.09.2022 10.09.2022, and allow her to join service immediately on being relieved from the Directorate Directorate.. The third respondent ndent is directed to relieve the petitioner from her present place of 10 of 11 ::: Downloaded on - 19-07-2024 05:07:34 ::: Neutral Citation No:=2024:PHHC:085815 CWP-5505-2024 2024 -11- posting within three working days of receiving a certified copy of this order, to enable her to join the University.
9. T petitioner has been forced to file th The this petition due to illegal action taken by the Registrar with the Vice Chancel Chancellor's approval in complete derogation of the University Act, Act which they are bound to protect and uphold uphold..
Accordingly, she is held entitled to costs of the litigation which are quantified as ₹1,00,000 1,00,000 (one lakh only).. The costs are to be paid by these two officers in equal terms, i.e., ₹50,000 50,000 each, out of their own pocket, within two weeks of receiving a certified rtified copy of the order.
10. Registry is directed to return the original record/file to learned counsel for the University.
(TRIBHUVAN DAHIYA)) JUDGE 11.07.2024 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No 11 of 11 ::: Downloaded on - 19-07-2024 05:07:34 :::