DAULAT RAM COLLEGE SOCIETY Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) In these three appeals, the correctness of a common judgment of a learned Single Judge, upholding the requirement (contained in a resolution of the Executive Council of the Delhi University ["the University" hereafter] dated 03.11.2012 - hereafter called "the impugned resolution"), stipulating that each affiliated college (such as the petitioner colleges, hereafter "the colleges") had to send 50% names in excess of the approved strength of their respective governing council/executive council membership (spelt out in the trust deed, or memoranda of association, as the case may be). The impugned resolution embodied a previous resolution of 21.08.1975 (Resolution No. 289). The impugned judgment repelled the challenge to such stipulation, made on the ground that the decision and norm were ultra vires the Delhi University Act, ("the Act" hereafter), the University' s statutes and ordinances, and Article 19 (1) (c) and (g) of the Constitution of India.

(2.) It is unnecessary to elaborately recount all, but the essential facts. The appellants, i.e. the Hindu Educational Trust, the Indraprastha Educational Trust and the Daulat Ram Educational Society set up colleges for imparting education. Each such trust or society had its governing rules and regulation, which stipulated the governing structure, defined its membership, tenure of governing council members, number of members, their qualifications, etc. It is an undisputed fact that in accordance with Statute 30 (1)(C) of the Statutes, framed by the Delhi University, the colleges' arrangements providing for appointment of members to the Governing Body were approved by the University. It is also not disputed that in accordance with Ordinance XVIII, the University approved the members of the appellants' colleges governing council consistently. The University' s Executive Council framed model Rules for composition and mode of appointment of governing bodies of the various colleges through Executive Council Resolution No. 66 dated 27.04.1963; Executive Council resolution of 23.04.1966 and Resolution No. 320 (a) dated 19.11.1966. These model Rules were not given effect to. The constitution, composition, term of office of members and Chairmanship of the Governing Body is to be in accordance with Statute 30 read with Ordinance XVIII of the Delhi University Act.

(3.) The University, by Executive Council Resolution No. 289 dated 21.08.1975 prescribed guidelines for appointment of members of trusts/societies as nominees on the governing body of the colleges. Under these guidelines, the trusts are to forward a panel of names to the University, consisting of at least 50% more names than the required numbers. The colleges' grievance was that the guidelines for the year 1975 never had any statutory force and were not binding on them. They complained that the said guidelines were contrary to Statute 30 (1)(C), which provides that the Governing Body shall consist of not more than 20 members and that the rules relating to composition of the Governing Body should conform to the Statutes and Ordinance of the University and the conditions of the Government grants to the colleges. The statute nowhere stipulates that the trust/society should forward a panel of names containing 50% more names than the required or stipulated number.