Putting to rest the controversy surrounding the appointment of warden in Delhi University’s Daulat Ram College, the Delhi High Court on Friday directed the governing body of the college to initiate the process of appointment of warden within two weeks.
Justice Sunil Gaur held the appointment of last warden Dr Asha to be irregular.
The court disposed of the petition moved by Dr Asha with direction to “the Governing Body of respondent-College to initiate the process of appointment of Warden in the Hostel of respondent-College within a period of two weeks by inviting fresh applications via Public Notice on official website of respondent-College, for the post of Warden in question and it be placed before the Staff Council of respondent-College, who shall make recommendation for the post of Warden in the College Hostel within a period of four weeks and the said recommendation be considered by the Governing Body of respondent-College within two weeks thereafter, so that the post in question is expeditiously filled up”.
It is to be noted that vide letter dated May 6, 2016, principal of Daulat Ram College had conveyed to Dr Asha that the staff council has recommended her name as warden of college hostel with effect from May 21, 2016, for a term of two years.
On the strength of the letter, she assumed the charge of warden on May 21, 2016; and on that very day, she received a show-cause notice from the chairperson of the governing body of the college intimating her that the governing body has appointed Dr. Kavita Sharma as the warden.
Dr Asha asserted that she was appointed as college hostel warden as per the procedure and in accordance with the University Rules.
The principal of the college vide letter of May 24, 2016, had called upon the chairperson of the governing body of to withdraw the show-cause notice.
In the petition before the high court, Dr Asha sought quashing of the show-cause notice.
Asha stated that she was appointed as warden by principal on the ground that the college is affiliated by the University of Delhi and hence as per the University Calendar Ordinance XVIII, 6-A, 5(b) (iii), Teachers of the Staff Council unanimously recommended her name to the principal, who through a letter of appointment, appointed her as warden in a democratic fashion.
However, the governing body of the said college headed by chairperson Suneeta Sudarshan and represented by advocate Harsh K Sharma, founder Prosoll Law Inc. assisted by advocate Vaibhavi Sharma and Rohit Gaur argued that principal has no power/authority to appoint the warden of the girls hostel because such appointment has to be done by the management of the college as such power vests with the governing body of the college.
Sharma further added that in light of the University Calendar Ordinance XVIII, 6-A, 5(b) (iii) also, the staff council headed by the principal is merely a recommending authority to such appointment and the Note with Clause 6-A specifies that “the Administrative Staff of the College will not be within the purview of the Staff Council”.