Universities: University of Delhi – Power of Governing body/Principal to appoint Warden of a College Hostel – Held: It is the Governing Body of the College which has the authority to appoint Warden of the College Hostel – The Principal, however, who is entrusted with the overall internal administration of the College is a person who knows all the staff of the College and his/her recommendation with regard to appointment of Warden of the College Hostel is to carry weight – Thus, the Governing Body while making appointment of Warden of the College Hostel has to give due weight to the recommendation of Principal – The appointment of Warden of the Hostel being in the domain of the Governing Body, in the instant case, the High Court should have left it to the Governing Body to take appropriate steps along with the Principal of the College for making appointment of the Warden of the College Hostel – Governing body should initiate process for fresh appointment of Warden of the Hostel of the College by inviting applications through Principal of the College before the Hostel is open for housing the students.
Allowing the appeal, the Court
HELD : 1. The Governing Body of the College is to administer the affair of the College. The Governing Body, thus, has general supervision of the College. Even in the Colleges and Institutions which are maintained by the University, it is provided in Ordinance XX that the Governing Body which is constituted by the Executive Council is empowered to appoint the administrative staff of the College. Similarly, the Governing Body of the affiliated Colleges is empowered to appoint administrative staff of the College. The Ordinance does not empower the Principal to make any appointment of the Warden of the Hostel nor any other statutory provision has been referred which empowers the Principal to appoint Warden of the College. The Principal, however, who is entrusted the over all internal administration of the College is a person who knows all the staff of the College and his/her recommendation with regard to appointment of Warden of the College Hostel is to carry weight. The Governing Body while making appointment of Warden of the College Hostel has to give due weight to the recommendation of Principal. The appointment of Warden of the Hostel is made from amongst the permanent staff of the College, the practice which is followed in the College and with which there is no dispute between the parties is that the applications are invited through notice by Principal for appointment of Warden and after recommendation is made by the Principal, a decision is taken by the Governing Body is to appoint Warden. [Paras 33, 34, 35] [32-F-G; 33-A-E]
2. The dispute which ensued regarding the appointment of Warden of the College Hostel arose due to the fact that position regarding procedure and right to make appointment on the post of Warden was not clear and the claim was raised by the Principal on the strength of letter of the University Grants Commission dated 19.02.1987. It is the Governing Body of the College which has the authority to appoint Warden of the College Hostel. However, the Principal being Executive head of the entire College and being in position to know the members of the staff as per prevailing practice the applications are to be invited through the Principal of the College and after receipt of the applications the applications along with recommendation of the Principal may be placed before the Governing Body which is to take decision regarding appointment of the Warden of the Hostel of the College. [Para 39][34-E-G]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.