SUNITA ARORA Vs. DELHI UNIVERSITY AND ORS.

JUDGEMENT

(1.) The petition impugns (a) the Minutes of the General Body Meeting (GBM) dated 28th November, 2015 of the respondent no.2 (DUWA) containing the decision to hold the election to the Executive Committee of the respondent no.2 DUWA; as well as, (b) the Notification dated 2nd January, 2016 of the Returning Officer appointed in the aforesaid GBM for holding the elections, announcing the result of the election. Axiomatically, mandamus is also sought to the respondent no.2 to DUWA to hold de novo election.

(2.) It is also inter alia the pleading of the petitioner that the respondent no.1 Delhi University has interfered with the affairs of the respondent no.2 DUWA and axiomatically relief of restraining the respondent no. 1 University from interfering with the elections of DUWA is also claimed.

(3.) Though the petition came up first before this Court on 8th January, 2016 and thereafter on 11th January, 2016 but was adjourned and notice has not been issued as yet. The order dated 11th January, 2016 records the contention of the senior counsel for the respondent no.1 University appearing on advance notice that the writ petition is not maintainable in view of the law laid down by the Division Bench of this Court in S.D. Siddiqui Vs. University of Delhi : 2006 (3) AD (Delhi) 290 that Delhi University Teachers Association (DUTA) is not a State or an instrumentality of the State under Article 12 of the Constitution of India and does not perform any public function and is a purely private body working for the welfare of teachers of the university and affiliated colleges and hence no writ lies against DUTA.