Dr. A.N. Jha vs. University of Delhi: Appointment of Vice-Principal Case

The Supreme Court of India recently ruled on the case involving Dr. A.N. Jha and the University of Delhi regarding the appointment of a Vice-Principal. The judgment sheds light on the rights and responsibilities of both parties in this legal matter. Stay tuned to learn more about the implications of this significant decision. #SupremeCourt #LegalCase #UniversityOfDelhi #DrANJha

Facts

• The University of Delhi declined approval for the appointment of Vice-Principal
• Communication seeking approval was sent to the University of Delhi on 28.12.2015
• Leave granted to proceed with the legal proceedings
• Division Bench upheld the order of the learned Single Judge and dismissed the appeals.
• Reason for non-approval of appointment held unjustified by the Single Judge.
• University declined approval citing issues with appointment process and lack of prior approval for Vice-Principal selection.
• Single Judge found non-approval unjustified as it did not state lack of fit or eligibility criteria.
• Single Judge allowed the writ petition after detailed consideration.
• Division Bench noted Clause 7(3) of Ordinance XVIII, stating no bar to appoint a Vice-Principal in the absence of a regular Principal.

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Arguments

• Dr. A.N. Jha, the petitioner in the case, sought approval from the University for his appointment as Vice-Principal.
• The Governing Body of the College recommended the senior most eligible teacher, Dr. Prakash Vir Khatri, to act as the Principal.
• The appointments made to the post of Vice-Principal in the past had mostly received approval post facto.
• The University formed a committee to inquire if the College Governing Body was managing affairs in accordance with the University’s regulations.
• Dr. A.N. Jha, even if appointed as the Vice-Principal, was not eligible to act as the Principal.
• The College did not appeal against the order of the learned Single Judge, which directed the University to grant approval for Dr. A.N. Jha’s appointment as Vice-Principal.
• The High Court concluded that the vacancy of a regular Principal does not bar the filling of the Vice-Principal position, as per Ordinance XVIII.
• The respondent argues that the appeals should be dismissed.
• It is contended that there are no substantial questions of law involved in the appeals.
• The respondent believes that the lower courts have correctly interpreted and applied the law.
• There is a lack of merit in the appeals according to the respondent.

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Analysis

• The factual matrix indicated the Governing Body’s resolution to appoint Dr. A.N. Jha as Vice-Principal dated 29.12.2015.
• The University rejected the approval request in a communication dated 13.01.2016, which was challenged by Dr. A.N. Jha.
• The rejection based on lack of prior approval was deemed unjustified as Dr. A.N. Jha was found suitable and not ineligible.
• The High Court upheld Dr. A.N. Jha’s right to be appointed as Vice-Principal.
• The subsequent resolution by the Governing Body on 29.02.2016 seemed like an attempt to prevent Dr. A.N. Jha from acting as Principal.
• If the appellants fail to appoint a regular Principal and the post remains vacant, Dr. A.N. Jha should be allowed to act as Vice-Principal.
• The conclusion reached by the High Court is justified based on various aspects considered.
• The apprehension that the Vice-Principal, if acting as Principal, would hinder the appointment of a regular Principal is unfounded.
• The High Court’s decision does not warrant interference given the circumstances at hand.

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Decision

• All pending applications shall stand disposed of.
• The right to act as regular Vice-Principal will accrue to Dr. A.N. Jha if no steps are taken to appoint a regular Principal.
• The appeals have been dismissed with no order as to costs.
• It was desired that the appointment of regular Principal be made within two months.
• Dr. Prakash Vir Khatri will continue as the acting Principal.
• Dr. A.N. Jha will continue as the acting Vice-Principal.
• The appellants are obligated to take necessary action for the appointment of regular Principal.
• The period given for the appointment of regular Principal should not be curtailed in favor of Dr. A.N. Jha at this stage.
• The interest of the Institution remains the primary concern.
• The benefits available under Regulation 7(3) will be considered but not allowed at this stage to ensure the Institution’s interests.

Case Title: GOVERNING BODY SWAMI SHRADDHANAND COLLEGE Vs. AMAR NATH JHA (2020 INSC 80)

Case Number: C.A. No.-000580-000580 / 2020

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