Delhi High Court - Orders
Dr. Nandini Choudhury Sen vs University Of Delhi & Ors on 10 March, 2023
Author: Jyoti Singh
Bench: Jyoti Singh
$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2962/2023
DR. NANDINI CHOUDHURY SEN ..... Petitioner
Through: Mr. Rakesh Kr. Khanna, Senior
Advocate with Mr. Rajeev Saxena and
Mr. Siddhanth Luthra, Advocates.
versus
UNIVERSITY OF DELHI & ORS. ..... Respondents
Through: Ms. Monika Arora and
Mr. Yash Tyagi, Advocates for University of
Delhi.
Mr. Apoorv Kurup, Ms. Nidhi Mittal and
Ms. Kirti Dadheech, Advocates for R-2.
Mr. Rajesh Gogna, Central Government
Standing Counsel with Ms. Priya Singh and
Mr. Rahul, Advocates for R-3.
Mrs. Avnish Ahlawat, Standing Counsel
with Ms. Tania Ahlawat, Mr. Nitesh Kumar
Singh, Ms. Palak Rohmetra, Ms. Laavanya
Kaushik and Ms. Aliza Alam, Advocates for
R-4.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 10.03.2023 C.M. APPL. 11552/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 2962/2023 & C.M. APPL. 11551/2023 (stay)
3. Present writ petition has been filed by the Petitioner seeking the following reliefs:-.
"A. An appropriate writ, direction or order thereby directing the Respondent no. 1 to recall nominations of three members to the Governing Body of the Respondent No.3 by way of its Letter dated 15.02.2023 and further directing the Respondent No.1 to send the nominations in strict compliance with the Statute 30(1)(c)(i) of University of Delhi; Regulations 1.2 and Subregulation (viii) of Signature Not Verified Signed By:KAMAL KUMARW.P.(C) 2962/2023 Page 1 of 4 Signing Date:12.03.2023 23:09:09 Regulation 5.1 of University Grants Commission and Resolution No. 51 dated 03.11.2012 Executive Council, University of Delhi. B. An appropriate writ, direction or order thereby directing the Respondent No.3 to recall and/or quash Notice No. BC/Principal/Advt./2023/1718 dated 03.02.2023, notifying the restoration of Advertisement dated 13.01.2022 for the post of Principal, Bharati College, which hitherto had been notified to have been withdrawn and cancelled by way of Notice No.BC/Po/Advt./2022 dated 16.12.2022.
C. An appropriate writ, direction or order thereby directing the Respondent No.1 to recall the amendment to the Ordinance XVIII (7) Sub-clause 2(b) vide Executive Council Resolution dated 06.03.2014 being in patent violation of UGC Regulations, 2018.
D. An appropriate writ, direction or order thereby directing the Respondent No.3 to re-advertise the appointment for the post of Principal in Bharati College, ensuring strict compliance of the UGC Regulations, 2018 and to refrain from making any appointment in violation of the UGC Regulations and more particularly by way of the interviews scheduled for 10th March, 2023.
E. An appropriate writ, direction or order thereby directing the selection process initiated by the Respondent No.3 in terms of its Notification dated 13.10.2022 and Urgent Notice No.BC/Appt. Principal/2023/1905 dated 01.03.2023."
4. Challenge is laid by the Petitioner to the Notification dated 03.02.2023 notifying restoration of advertisement dated 13.10.2022, for appointment to the post of Principal in Bharati College. Mr. Rakesh Kr. Khanna, learned Senior Counsel appearing on behalf of the Petitioner assailing the Notification on several grounds emphasises that a strange procedure for appointment to the post of Principal has been provided in the Notification under Clause 2, according to which the list of selected and waitlisted candidates/Panel of names in the order of merit, duly signed by all Members of the Selection Committee shall be forwarded to the University and thereafter, the list shall be considered by a Selection Committee constituted for the purpose and comprising of Vice Chancellor, Pro Vice Chancellor etc. as mentioned in the said Clause. This, according to Mr. Khanna, is against the UGC Regulations which do not envisage Signature Not Verified Signed By:KAMAL KUMARW.P.(C) 2962/2023 Page 2 of 4 Signing Date:12.03.2023 23:09:09 consideration of a list of selected/waitlisted candidates/Panel of names prepared by a duly constituted Selection Committee to be considered again by another Committee i.e. Apex Committee. He further submits that this issue is no longer res integra and this Court in Dr. Anuradha Gupta v. University of Delhi and Others, 2021 SCC OnLine Del 2416, has held that appointment of College Principal shall be made as per UGC Regulations, 2018 and not as per Ordinance XVIII Clause 7(2) of the University and that the College is justified in overlooking the decision of the Apex Committee. It is further contended that even the composition of the Governing Body is not in consonance with Statute 30(1)(C)(i) of University of Delhi and its EC Resolution No. 51 dated 03.11.2012 as well as UGC Regulation 5.1(VIII)(A)(c) and Clauses 1(iii)(8) and 2 of 'Procedure for appointment of the Principal in College'.
5. Ms. Monika Arora, learned counsel appearing on behalf of the Delhi University on advance copy of the writ petition, on instructions, submits that the interviews for the post of Principal, Bharati College were scheduled for 09.00AM this morning and stand concluded. She further submits that in view of the judgment of this Court in Dr. Anuradha Gupta (supra), a decision has been taken specific to this case that the list of selected/waitlisted candidates/ Panel of names prepared by the Selection Committee shall not be placed before the Apex Committee and shall be directly placed for consideration before the Governing Body.
6. Insofar as the plea of the Petitioner regarding composition of the Governing Body is concerned, Ms. Arora refutes the claim of the Petitioner that the composition is not in accordance with the UGC Regulations or Statute 30(1)(C)(i) of University of Delhi and/or the EC Resolution dated 03.11.2012, as alleged. It is submitted that the Signature Not VerifiedQuorum of the Governing Body is complete and the constitution is in Signed By:KAMAL KUMARW.P.(C) 2962/2023 Page 3 of 4 Signing Date:12.03.2023 23:09:09 accordance with Statute 31(D). It is submitted that the necessity to follow the procedure under the said Statute arose after a Fact-Finding Committee constituted by the Vice Chancellor, to look into the affairs of the College submitted its report on 16.01.2023 and it is on this score that additional Members were appointed. Mr. Rakesh Khanna, vehemently refutes the submissions made by Ms. Arora and reiterates his contentions.
7. Issue notice.
8. Counsels, as above, accept notice on behalf of the Respondents.
9. Counter affidavits be filed positively within a period of two weeks from today.
10. Rejoinders, if any, be filed within a period of one week thereafter.
11. With the consent of the parties, list the writ petition for final hearing on 12.04.2023.
12. It is directed that the process of selection and the appointment to the post of Principal, if any, shall be subject to final outcome of the writ petition.
JYOTI SINGH, J MARCH 10, 2023/shivam Signature Not Verified Signed By:KAMAL KUMARW.P.(C) 2962/2023 Page 4 of 4 Signing Date:12.03.2023 23:09:09