Summary
The Court held that the College Governing Body, rather than the Principal or Staff Council, had authority to appoint the hostel warden. It set aside the High Court’s directions requiring Staff Council recommendations and directed initiation of fresh selection through the Principal before the hostel reopened for students.
Issues
- Who had authority to appoint the College hostel warden?
- What roles should the Principal and Staff Council perform in the appointment process?
Provisions considered
- Ordinance XVIII, clause 6-A(5)(b)(iii), University of Delhi OrdinancesPower to recommend guidelines for student residence and welfare did not empower the Staff Council to recommend appointment of the hostel warden. (¶¶ 30–32, 36)
- Ordinance XVIII, clause 2, University of Delhi OrdinancesThe Governing Body’s general supervision and control supported its authority over the administrative appointment. (¶ 33–35)
Held
- The UGC letter of 19 February 1987 communicated approval for additional staff and funding. Neither that letter nor the University Executive Council’s subsequent minutes conferred the appointing power on the Principal. (¶ 20–29)
- The Staff Council’s authority concerning guidelines for residence and welfare did not encompass recommendations for appointment of a warden. The High Court’s directions requiring applications and binding recommendations to pass through that Council were unsustainable. (¶¶ 30–32, 36)
- The Governing Body has the appointing authority. Under the prevailing practice, the Principal should invite applications and place them with the Principal’s recommendation before the Governing Body; that recommendation must receive due weight. (¶¶ 33–36, 39)
- The Principal’s claimed appointments of the first respondent were invalid, while the tenure of the fourth respondent’s later Governing Body appointment had expired. Fresh selection was to be initiated through the Principal before the hostel reopened for housing students. The reopening decision itself remained for the University and College administration. (¶ 38–41)
Result
Appeal allowed; paragraph 41 of the Division Bench judgment set aside, subject to the directions for fresh selection through the Principal and decision by the Governing Body.