UNIVERSITY OF DELHI Vs. AMAR NATH JAH

JUDGEMENT

(1.) The University of Delhi, appellant herein, is aggrieved by the order dated 10th Nov., 2016 passed by the learned Single Judge of this Court in a writ petition filed by the respondent No.1 (hereinafter referred to as "Jha"). The writ petitioner sought a direction to the University of Delhi, appellant herein (hereinafter referred to as "the University"), to grant approval to his appointment as the Vice-Principal of respondent No.2 (hereinafter referred to as "the College"). Jha also sought quashing of three letters dated 13.01.2016, 19.01.2016 and 27.01.2016 by which the University declined the request for grant of approval to the appointment of Jha as Vice-Principal, of the College.

(2.) Some undisputed facts are that Jha was selected for appointment as Vice-Principal by the Selection Committee in its meeting held on 28th Dec., 2015. This appointment was made by the Governing Body of the College and the minutes were signed by fourteen members. The College thereafter issued a letter to Jha on 29th Dec., 2015 appointing him as Vice-Principal of the College. Simultaneously, approval was sought from the University of Delhi by Communication dated 28th Dec., 2015. The approval was declined. The learned Single Judge has extracted this letter of 13th Jan., 2016. We do so as well, as it has a bearing on the outcome of this appeal. This letter is extracted as under: -

(3.) Relying upon the contents of this letter, the learned Single Judge opined that except that the College had not followed Clause 4(4) of Ordinance XVIII of the University, there was nothing in the Communication which suggested that the appointment of Jha as Vice-Principal was illegal or that he was ineligible. The learned Single Judge accordingly allowed the writ petition with the rider that Jha would not become Vice-Principal of the College pursuant to the letter of the College dated 29th Dec., 2015, but his appointment would take effect from the date of approval by the University.