DELHI TECHNOLOGICAL UNIVERSITY Vs. B.S.RAWAT

JUDGEMENT

(1.) The instant appeal has been filed against the Judgment dtd. 15/12/2021, passed by the learned Single Judge of this Court in W.P.(C) 2611/2019, whereby the following directions had been given by the learned Single Judge:

(2.) The facts, in brief, leading to the instant appeal are as under:

(3.) Ms. Avnish Ahlawat, learned Standing Counsel for DTU, submits that the learned Single Judge has failed to consider the fact that the newly added Sec. 53 of the DTU Act empowered the Chancellor, who is the Lt. Governor of the National Capital Territory of Delhi [Sec. 11(1)], to either suo moto, or on the advice of the BOM, issue any direction as may be necessary or expedient in the interest of administration, and/or to ensure peace and tranquillity in the University. Therefore, the act of the Chancellor to bestow additional charge of Vice-Chancellor upon Dr. Yogesh Singh was in consonance with the statutory provisions. She further relies upon Sec. 23(2)(ix) of the DTU Act to state that the BOM has the power and function "to appoint persons in teaching, administrative and ministerial posts". She states that the BOM vide its 16th meeting had delegated the powers to Dr. Yogesh Singh. Ms. Ahlawat argues that the power exercised by Dr. Yogesh Singh in accepting the resignation of the Respondent was not illegal, and that the BOM had subsequently ratified the same. Furthermore, the appointment of Dr. Yogesh Singh also stood regularized as he was appointed as full-time VC on 14/7/2016.