ASHA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) Vide letter of 6th May, 2016 (Annexure P-1), Principal of Respondent-College had conveyed to petitioner that the Staff Council has recommended petitioner as Warden of Daulat Ram College Hostel with effect from 21st May, 2016 for a term of two years and petitioner claims that on the strength of the aforesaid letter, she had assumed the charge of Warden on 21st May, 2016 and on that very day, she had received a Show-Cause Notice (Annexure P-2) from the Chairperson of the Governing Body of respondent-College whereby petitioner was intimated that the Governing Body has appointed Dr. Kavita Sharma as the Warden of Daulat Ram College Hostel.

(2.) Petitioner in her reply of 24th May, 2016 (Annexure P-3) asserted that she was appointed as College Hostel Warden as per the procedure and in accordance with the University Rules. It is matter of record that the Principal of respondent-College vide letter of 24th May, 2016 (Annexure P-4) had called upon the Chairperson of the Governing Body of respondent-College to withdraw the Show-Cause Notice. The Principal of respondent-College vide Notice of 30th July, 2016 (Annexure P-9) had invited applications for the post of Warden in question and when petitioner came to know about it, she had written a letter (Annexure P-10) to the Principal of respondent-College on 2nd August, 2016 apprising the Principal that her appointment as a Warden was made after following due procedure and the Notice of 30th July, 2016 had dismayed petitioner.

(3.) In this petition, petitioner seeks quashing of Show-Cause Notice of 21st May, 2016. Learned counsel for petitioner draws attention of this Court to letter of 19th February, 1987 (Annexure R-2/1 to CM 27029/2017) written by University Grants Commission to the then Vice Chancellor to point out that a Warden in Women Hostel should be appointed by the Principal from amongst the senior teachers in the college. Attention of this Court is also drawn to letter of 13th June, 2016 (Annexure P-6) to submit that respondent-University has intimated the Principal of respondent-College that appointment of a Warden in a College Hostel is purely an administrative affair of the College and the University has no role to play in it and respondent-College has been advised to proceed as per Clause 6-A, 5(b)(iii) of Ordinance XVIII of respondent-University.