SHYAM LAL COLLEGE Vs. VICE CHANCELLOR DELHI UNIVERSITY

JUDGEMENT

(1.) This writ petition filed by the Shyam Lal College which is a constituent college of the Delhi University challenges the constitutional validity of Clause 7(2) of the Ordinance XVIII made under the Delhi University Act, 1922(hereinafter referred to as `the Act') in exercise of the powers under Section 30 of the said Act read with the amendment approved by Executive Council (E.C.) of the Delhi University, respondent No.1 dated 10th February, 2004 and Statute 30 (1) (D) set out in the Schedule under Section 29 (1) of the Act and also seeks to quash the communications dated 10th February, 2004; 11th February, 2004; 9th July, 2004; 20th July, 2004 and 17th August, 2004 issued by the respondents.

(2.) The learned counsel for the petitioner in the first instance was heard first on the question of validity of Clause 7(2) of the Ordinance XVIII issued by the Delhi University and the validity of Statute 30(1)(D). The said Clause 7 reads as follows:-

(3.) The Statute 30 (1) (D) as set out in the Schedule under Section 29 (1) of the Act which is relevant for the purpose of the determination of the issues raised in this writ petition reads as follows:-