Tuesday, September 27, 2022

Supreme Court sets aside Daulat Ram College principal’s appointment of hostel warden

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The Supreme Court on Tuesday observed that it’s for Delhi University and the administration of the Daulat Ram College to take a call regarding the opening of the hostels while directing initiation of the process for fresh appointment of the hostel’s warden.

A division bench comprising Justices Ashok Bhushan and M.R. Shah asked the Governing Body to initiate the 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 students.

The Court observed that with regard to the role of Staff Council in the appointment of Warden of the Hostel, the Ordinances do not empower the Staff Council to make any recommendation with regard to the appointment of Warden. The appointment of Warden of the Hostel is in the domain of the Governing Body, and therefore the principal has no authority to appoint the Warden in the Hostel of the College and appointment made by the Principal was irregular.

In the present case, the dispute which ensued regarding the appointment of Warden of the College Hostel arose due to the fact that position regarding 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.

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The Apex Court observed that it is clear that 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.

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