THE CHAIRPERSON GOVERNING BODY DAULAT RAM COLLEGE versus DR. ASHA & ORS.

Citation: [2021] 1 S.C.R. 17 · Decided: 05-01-2021 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Appeal(s) allowed

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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THE CHAIRPERSON GOVERNING BODY
DAULAT RAM COLLEGE
v.
DR. ASHA & ORS.
(Civil Appeal No. 13 of  2021)
JANUARY 05, 2021
[ASHOK BHUSHAN AND M. R. SHAH, JJ.]
Universities: University of Delhi – Power of Governing body/
Principal to appoint Warden of a College Hostel – Held: It is the
Governing Body of the College which has the authority to appoint
Warden of the College Hostel – The Principal, however, who is
entrusted with the overall internal administration of the College is
a person who knows all the staff of the College and his/her
recommendation with regard to appointment of Warden of the College
Hostel is to carry weight – Thus, the Governing Body while making
appointment of Warden of the College Hostel has to give due weight
to the recommendation of Principal – The appointment of Warden
of the Hostel being in the domain of the Governing Body, in the
instant case, the High Court should have left it to the Governing
Body to take appropriate steps along with the Principal of the
College for making appointment of the Warden of the College Hostel
– 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.
Allowing the appeal, the Court
HELD : 1. The Governing Body of the College is to
administer the affair of the College. The Governing Body, thus,
has general supervision of the College. Even in the Colleges
and Institutions which are maintained by the University, it is
provided in Ordinance XX that the Governing Body which is
constituted by the Executive Council is empowered to appoint
the administrative staff of the College. Similarly, the Governing
Body of the affiliated Colleges is empowered to appoint
   [2021] 1 S.C.R. 17
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SUPREME COURT REPORTS
[2021] 1 S.C.R.
administrative staff of the College. The Ordinance does not
empower the Principal to make any appointment of the Warden
of the Hostel nor any other statutory provision has been referred
which empowers the Principal to appoint Warden of the College.
The Principal, however, who is entrusted the over all internal
administration of the College is a person who knows all the staff
of the College and his/her recommendation with regard to
appointment of Warden of the College Hostel is to carry weight.
The Governing Body while making appointment of Warden of
the College Hostel has to give due weight to the recommendation
of Principal. The appointment of Warden of the Hostel is made
from amongst the permanent staff of the College, the practice
which is followed in the College and with which there is no dispute
between the parties is that the applications are invited through
notice by Principal for appointment of Warden and after
recommendation is made by the Principal, a decision is taken by
the Governing Body is to appoint Warden. [Paras 33, 34, 35]
[32-F-G; 33-A-E]
2.  The dispute which ensued regarding the appointment of
Warden of the College Hostel arose due to the fact that position
regarding procedure and right to make appointment on the post
of Warden was not clear and the claim was raised by the Principal
on the strength of letter of the University Grants Commission
dated 19.02.1987. It is the Governing Body of the College which
has the authority to appoint Warden of the College Hostel.
However, the Principal being Executive head of the entire College
and being in position to know the members of the staff as per
prevailing practice the applications are to be invited through the
Principal of the College and 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 of the Warden of the Hostel of the College.
[Para 39][34-E-G]
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 13 of
2021.
From the Judgment and Order dated 06.03.2019 OF the High
Court of Delhi at New Delhi in L.P.A. No. 316 of 2018.
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Diya Kapur, Kshitij Dua, Satya Mitra, Rajesh Banati, Shailendra
Bhardwaj, Ms. Aroma S. Bhardwaj, Mohinder Jit Singh, Hardik Rupal,
Ms. Pratima Nain Lakra, Mrs. Pragya Baghel for the appearing parties.
The Judgment of the Court was delivered by
ASHOK BHUSHAN, J. 1. Leave granted.
2. This appeal has been filed by the appellant questioning the
judgment dated 06.03.2019 of the Division Bench of Delhi High Court
issuing certain directions in LPA No.3

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