Case Note & Summary
The case involves two appeals arising from a judgment of the Division Bench of the Delhi High Court dated 09.05.2019, which upheld the order of the learned Single Judge dated 10.11.2016. The respondent, Dr. A.N. Jha, was selected by the Selection Committee for appointment as Vice-Principal of Swami Shraddhanand College, and the Governing Body approved the appointment on 29.12.2015. The College sought approval from the University of Delhi via letter dated 28.12.2015, but the University declined approval through letter dated 13.01.2016, citing non-compliance with Clause 4(4) of Ordinance XVIII, which requires prior approval for appointment of Vice-Principal, and also referring to the manner in which the College was appointing Acting Principal. Dr. Jha filed a writ petition in the Delhi High Court seeking quashing of the rejection letters and a mandamus directing the University to grant approval. The learned Single Judge allowed the writ petition, holding that the rejection was unjustified as the University did not record that Dr. Jha was unfit or ineligible, and that prior approval was not an absolute requirement given past practice of post-facto approvals. The University filed a Letters Patent Appeal, which was dismissed by the Division Bench. The Division Bench also held that Clause 7(3) of Ordinance XVIII does not bar appointment of Vice-Principal when the post of regular Principal is vacant. The University and the Governing Body of the College appealed to the Supreme Court. The Supreme Court considered the arguments: the appellants contended that prior approval was mandatory and that Dr. Jha could not act as Principal, while the respondent argued that the relief sought was limited to approval as Vice-Principal and that past practice showed post-facto approvals were common. The Supreme Court upheld the High Court's concurrent findings, holding that the requirement of prior approval under Clause 4(4) is directory in light of past practice, and that the University's rejection was unjustified. The Court also noted that the Governing Body's subsequent resolution against Dr. Jha was not relevant as the College itself was an appellant with conflicting interests. The appeals were dismissed, and the University was directed to grant approval to Dr. Jha's appointment as Vice-Principal.
Headnote
A) Service Law - Appointment of Vice-Principal - Prior Approval - Clause 4(4) of Ordinance XVIII of University of Delhi - Requirement of prior approval for appointment of Vice-Principal is directory, not mandatory, where past practice shows that approvals were granted post-facto on several occasions - University cannot reject appointment solely on ground of lack of prior approval when candidate is otherwise eligible and Governing Body has approved - Held that rejection was unjustified (Paras 10-11). B) Service Law - Appointment of Vice-Principal - Vacancy of Principal - Clause 7(3) of Ordinance XVIII - There is no bar to appoint a Vice-Principal when the post of regular Principal is vacant - Clause 7(3) does not suggest that the post of Vice-Principal cannot be filled up in absence of regular Principal - Held that the High Court correctly interpreted the provision (Paras 5-6). C) Service Law - Writ Petition - Scope of Relief - Mandamus to grant approval - Where the writ petitioner sought quashing of communications rejecting approval and mandamus to grant approval, the High Court could direct the University to grant approval - Subsequent communications regarding constitution of a committee to inquire into affairs of College are not relevant to the limited grievance of the petitioner - Held that the direction was within the scope of the writ petition (Paras 9-10).
Issue of Consideration
Whether the University of Delhi was justified in refusing approval to the appointment of Dr. A.N. Jha as Vice-Principal of Swami Shraddhanand College on the ground that prior approval under Clause 4(4) of Ordinance XVIII was not obtained, and whether the High Court's direction to grant approval was correct.
Final Decision
The Supreme Court dismissed both appeals and upheld the judgment of the Division Bench of the Delhi High Court dated 09.05.2019, which had upheld the order of the learned Single Judge dated 10.11.2016. The University of Delhi was directed to grant approval to the appointment of Dr. A.N. Jha as Vice-Principal of Swami Shraddhanand College.
Law Points
- Prior approval requirement under Clause 4(4) of Ordinance XVIII is directory
- not mandatory
- where past practice shows post-facto approvals were granted
- University cannot reject appointment on ground of lack of prior approval when candidate is otherwise eligible and Governing Body has approved
- Vice-Principal can be appointed even when regular Principal is vacant under Clause 7(3) of Ordinance XVIII.
