UNIVERSITY OF DELHI Vs. RAJ SINGH

JUDGEMENT

(1.) Upon a writ petition filed by Raj Singh (the first respondent in this appeal) the Delhi High Court held that the University Grants Commission (Qualific- ations required of a person to be appointed to the teaching staff of a University and institutions affiliated to it) Regulations, 1991, notified on 19th September, 1991, by the University Grants Commission (the second respondent in this appeal) were valid and mandatory and the Delhi University (the appellant) was obliged under law to comply therewith. The Delhi University was directed to select lecturers for appointment in itself and in its affiliated colleges strictly in accordance with the said Regulations. This appeal by special leave is filed by the Delhi University.

(2.) The writ petition was filed because Raj Singh had applied for the post of lecturer in Commerce in three colleges affiliated to the Delhi University but had not been called for an interview. He averred that the advertisement for applications in this behalf did not lay down that candidates should have passed the test prescribed by the said Regulations and that candidates who had not passed that test would not be called for interview. The writ petition was contested by the Delhi University. It was the case of the Delhi University that the said Regulations were beyond the competence of the University Grants Commission (U.G.C) and that, in any event, they were directory and not mandatory. The Delhi University, it was submitted, was an autonomous body and no condition of eligibility could be imposed upon it. The case of the Delhi University was not accepted by the High Court.

(3.) The Delhi University was established under the Delhi University Act, 1922 . Section 2(g) thereof defines 'teachers' to include "Professors, Readers, Lectures and other persons imparting instruction in the University or in any college or Hall". Section 2(h) defines 'teachers of the University' to mean "persons appointed or recognised by the University for the purpose of imparting instruction in the University or in any college". "College" is defined in clause (a) thus: