NEETA AGGATWAL Vs. RAJ WADHWA ANDORS

JUDGEMENT

(1.) This petition has been filed by six petitioners who claim themselves to be eligible to be appointed as Principal of the Vivekananda College, Vivek Vihar, Delhi ('College' for short), and, thus, challenge the re-employment of the first respondent as Principal of the College. The Vice-chancellor of Delhi University and the Chairman, Governing Body of the College have been implead as respondents.

(2.) Petitioners say that the Statute of the Delhi University provides that every College shall have a duly constituted Governing Body consisting of not more than twenty persons approved by the Executive Council of the University and including, among others, at least two representatives of the teaching staff and the Principal of the College as Member-Secretary. It is stated that the Governing Body of the College is thus a statutory body/authority. The college itself was started by the Delhi Administration and is an affiliated college of the University. It is not necessary for us to go into details as to how the appointment of the employees of the College including as well of Principal and other teaching staff is to be made. Admittedly, the first respondent was Principal of the College. She attained the age of 60 years on 31 July, 1993. The Governing Body of the college resolved to re-employ the first respondent as Principal for a further period of three years or till she attained the age of 63 years whichever was earlier. This was approved by the Vice-chancellor of the Delhi University and a letter to this effect dated 9 June, 1993 was written to the Principal, Vivekananda College, that "the Vice-chancellor has been pleased to approve the proposal of the College for the re-employment of Dr.(Mrs)Raj Wadhwa, Principal in Vivekananda College w.e.f. 1-8-1993 for a period of 3 years or till she attains the age of 63 years which ever is earlier". It appears, on the basis of a letter dated 5 July, 1993 issued by the Central Government in the Ministry of Human Resources and Development, the Chairman of the Governing Body of the College on 30 July, 1993 wrote a letter to the first respondent that she could continue to work as a Principal only upto the end of the month, i.e. 31 July, 1993. She was directed to hand to over the charge of the Principal of the College to Mrs. Neelam Bakshi or in case of her non-availability to the next senior most person (now the first petitioner before us) w.e.f. 31 July, 1993. There was dispute as to the authority of the Chairman, Governing Body, to address such a letter. On 4 August 1993 the University again wrote a letter to the first respondent in reply to her letter to the Vice- Chancellor. She was informed that subsequent to the approval by the Vice- Chancellor to the decision of the Governing Body of Vivekananda College to re-employ her as Principal of the College after superannuation w.e.f. 1 August 1993, so far as the Delhi University was concerned she continued to be validly re-employed and recognised as Principal of the College.

(3.) On 4 August 1993 itself Dr. (Mrs) Raj Wadhwa filed a writ petition in this Court (C.W.P. No. 3667/93) challenging the aforesaid letter of the Chairman of the Governing Body. When that matter came up for admission we stayed that letter and ultimately on 11 October 1993 on a statement made by the Chairman of the Governing Body that he had agreed to withdraw his letter dated 30 July, 1993 that petition was dismissed as withdrawn.