Whether the college principal has the authority to appoint the head of the hostel and appointing a college hostel warden ! SC
JANUARY05,2021
The Daulat Ram College Society is a registered Society which was established on 03.03.1960 and affiliated to the University of Delhi since 1960. The Governing Body of the College has been appointing the Warden of the Hostel of the college. On 10.09.2013, Dr.Kavita Sharma was appointed by the Governing body as Warden for a period of two years but her term was extended until 12.05.2016. The principal has been asked to provide an explanation as to why she has not complied with the order of appointment. Asha submitted her application to work as Warden of the College Hostel and was directed to assume charge on 21.05.2016. A show cause notice was issued to respondent No.1 asking her to explain how she illegally and willfully attempted to occupy the post of the Hostel Warden. The principal was advised to act as per clause 6-A(5)(b)(iii) of Ordinance XVIII of the University. Governing Body resolved that Dr. Kavita Sharma would continue as Warden till such time proper guidelines for appointment of Warden are made by the Governing Body Hostel Committee. The principal issued a notice dated 30.07.2016 inviting applications from interested permanent teachers of the College for the post of Warden in the College Hostel. Respondent No.1 filed a Writ Petition No.7289 of 2016 praying for issuing a writ, order or direction in the nature of mandamus and/or certiorari.
Only two issues remain to be debated in this appeal: whether the college principal has the authority to appoint the head of the hostel and What is the procedure of appointing a college hostel warden before anything else?
A dispute arose over the appointment of Warden of the College Hostel on the grounds that the procedure for such an appointment was not clear. The principal being Executive head of the entire College is in a position to know the members of the staff as per prevailing practice the applications are to be invited through the principal. After receipt of the applications the applications along with recommendation of the principal may be placed before the Governing Body which is to take decision regarding appointment. Governing Body should initiate process for fresh appointment of Warden of the Hostel of the College by inviting applications through Principal of the College before the Hostel is open for housing the students the directions of the Division Bench judgment are set aside and the appeal is allowed subject to observations above.
THE CHAIRPERSON GOVERNING BODY
DAULAT RAM COLLEGE
VERSUS
ASHA & ORS.
