On Tuesday, 5th January 2020, the Supreme Court stated that the principal of Daulat Ram College had no say in appointment of warden. The decision had to be taken by the governing body.
On Tuesday, 5th January 2020, the Supreme Court stated that it was for the University of Delhi (DU) and the administration of the Daulat Ram College (DRC) to decide regarding the opening of hostels while directing initiation of the process for fresh appointment of the hostel’s warden.
The division bench of the Supreme Court comprised Justices Ashok Bhushan and M.R. Shah. Reportedly, the Bench asked the Governing Body to initiate the process for fresh appointment of hostel warden of DRC by inviting applications through college principal, before the hostel was open for housing students.
“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 administrative staff of the College.”The division bench judgement via Live Law
As per the reports, the Court stated that with regards to the role of the Staff Council in the appointment of the hostel warden, the ordinances did not empower the Staff Council to make any recommendation with regard to the appointment of the Warden. The court further added that the appointment of the hostel warden was in the domain of the Governing Body, and therefore the principal had no authority to appoint the warden of the College. It considered the appointment made by the principal as irregular.
The current dispute regarding the appointment of warden of DRC hostel arose as the procedure and right to make an appointment on the post of Warden was not clear and the claim was raised by the principal on the strength of the letter of the University Grants Commission (UGC).
“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. The Governing Body while making appointment of Warden of the College Hostel has to give due weight to the recommendation of Principal”Division Bench via Live Law
The Supreme Court however added that the principal being executive head of the entire college and being in position to know the members of the staff, as per the prevailing practice, the applications were to be invited through the principal . After receipt of the applications recommendations of the Principal may be placed before the Governing Body which is to then take final decision regarding appointment of the Warden.
Click here to access the detailed pdf of the court hearing.
Featured Image Credits: DRC Official website