Case Title:
CHAIRPERSON GOVERNING BODY DAULAT RAM COLLEGE v. DR. ASHA
The Supreme Court has stated that the Governing Body of a College has right to designate the administrative staff of a college.
While setting aside a 2018 order of the Delhi High Court's division bench, the bench of Justice Ashok Bhushan and Justice M.R. Shah observed, "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 about the 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 the Principal".
The main issues involved in the case were -
1. Whether it is the Principal of the College who is empowered to appoint the Warden of the Hostel of the College or it is the Governing Body in whom the power to appoint the Warden is vested?
2. What is the procedure to be adopted before making an appointment with the Warden of the College Hostel?
The Bench stated, while examining the counter-affidavit filed by the University, that the Act of the University, Statutes, and Ordinance provide no provision for the selection of the hostel warden and that it is a private affair of the institution.
The bench looked at Ordinance XVIII, which deals with "Of Colleges and Halls," and Rule 6A, which deals with the staff council. "In the counter-affidavit of the University referring to practice, the University clearly states that appointment of Warden is purely an administrative affair of the College and the University has no role to play and further the same is not provided for under any of the provisions of the University of Delhi Act, Statutes and Ordinances. We, thus, conclude that Ordinance XVIII 6-A(5)(b)(iii) does not empower the Staff Council to make any recommendation about the appointment of Warden of the College Hostel.", the judgment said. Concerning the method to be followed before appointing a hostel warden, the bench determined that the College's business is to be administered by the Governing Body. In doing so, the bench relied on Chapter VV-2 of Ordinance XVIII, which specifies that the Body will convene at least once during its tenure and will have supervision over the college's business.
The Supreme Court laid down the following procedure to be followed by the wardens -
1. The appointment of Warden of the Hostel is made from amongst the permanent staff of the College.
2. Applications are invited through notice by the Principal for appointment of Warden,
3. After the recommendation is made by the Principal, a decision is taken by the Governing Body to appoint Warden.
4. The Governing Body while making an appointment of Warden of the College Hostel has to give due weight to the recommendation of the Principal. The Bench while setting aside the judgment of the division bench of the HC observed that the Governing Body should initiate the process of fresh appointment of the warden by inviting applications through the Principal of the College before the Hostel is open for accommodating the students, as an when it reopens.While setting aside the division bench of the HC's judgement, the Bench stated that the Governing Body should initiate the process of fresh appointment of warden by inviting applications through the Principal of the College before the Hostel is open for accommodating students, as and when it reopens.