The DUTA takes serious note of the gross violation of UGC Regulations (2010) by Delhi University Vice-Chancellor. In shocking disregard of the UGC Regulations (2010), Delhi University had advertised the post of principal of ARSD College on 15th of August, 2013 and interview for the same has been fixed for 11th Nov, 2013. While the UGC Regulations vide Clause 5.1.6 (a) clearly stipulate the Composition of Selection Committee for appointments of Principals in colleges and limit the term post of Principals to 5 years, the University of Delhi has hastily advertised the post of Principal for ARSD without adhering to either of these two regulations. Further, on the basis of this advertisement (dated 15 August 2013), it seems determined to go through with the appointment by scheduling Interviews for the said post on 11 November 2013. The DUTA is concerned that this mockery of the UGC Regulations will result in a shameful discrepancy unless it is prevented from taking place.
While the Amendments to the UGC Regulations, post the consideration of recommendations made by the Revisit Committee were duly notified on 4 June 2013, the University failed to consider and adopt appropriate amendments to its Ordinance governing the nature of the Principal‟s post, Eligibility and Selection Criteria, and Selection Committee and Procedure. Citing an „Interim Order‟ issued by the Hon. High Court of Delhi (23 July 2013) the University had hurriedly advertised the post with the older criteria. Thereafter, the Vice Chancellor convened meetings of the University AC and EC on 16-17 August 2013 to exclusively consider and adopt amendments to Ordinances governing appointments and service conditions of teachers, in accordance with the UGC Regulations. No amendment to the Principal‟s post, and Selection Committee was tabled before the two statutory bodies. Despite the fact that approximately 22 colleges of the University await appointments of regular Principals, the University has failed, till date, to amend the clauses of Ordinance XVIII which govern the Term-post and Selection Committee for the same.
It is our apprehension that The University is going ahead with the interviews for the post of Principal in ARSD College to appoint the incumbent OSD with dubious reputation. It is pertinent to note that a complaint of sexual harassment against Mr. Sandeep Sharma, the OSD, by a college employee, is pending before Delhi Commission for Women and the Apex Committee against sexual harassment of the university, and a F.I.R. in this regard is also filed. The charge sheet against him is coming up in the court on Monday (11/10/2013). The erstwhile Governing Body of the College had earlier challenged the appointment of Sandeep Sharma as OSD, and the case has been under consideration by a double bench of Hon‟ble High Court of Delhi. The Hon‟ble High Court, in its order dated 29/10/2013, has declared continuance of Mr. Sandeep Sharma as OSD as illegal and in violation of earlier court order by a single bench. HON’BLE MR. JUSTICE P.K. BHASIN and HON’BLE MR. JUSTICE V.P. VAISH have ordered the following:
“Today we have noticed that the learned Single Judge while disposing of the writ petition of respondent no. 1 herein had directed the appellant no. 2 herein, Dr. Sandeep Kumar Sharma, whose appointment as OSD of Atma Ram Sanatan Dharam College, had been challenged in the writ petition, would continue to act as the OSD for a period of eight weeks and not beyond that under any circumstance. That direction was given considering the fact that he was looking after the functions of Principal of the aforesaid college since there was some controversy as to how and under what manner and in accordance with which rules and regulations that post was to be filled up. We are informed today that appellant no. 2, however, still continues to function as OSD. Though some submissions were made from the side of the University of Delhi, the Management of the College as well as the appellant no. 2 as to the justification of his continuation as OSD but we felt that this aspect should be dealt with and decided after giving proper opportunity to all concerned before any further orders are passed by this Court in respect of the non-compliance of the aforesaid direction of the learned Single Judge.
We, therefore, call upon University of Delhi, the Governing Body of the College and appellant no. 2 to show cause as to why necessary action in accordance with law be not taken against them for non-compliance of the direction of the learned Single Judge contained in para no. 81 of the impugned judgment. Let these parties file their respective replies within two weeks”.
By going ahead and holding the interview for the post of Principal, ARSD College, in violation of the UGC regulation, the University administration is also acting in contempt of judgments of the Hon‟ble Supreme Court that have held the UGC Regulation as mandatory and binding, as well as a clear directive from the Hon‟ble President, Visitor of Delhi University, in 2003. The DUTA, in a letter dated 5th November, 2013, has appealed to the Visitor of Delhi University and to the Chairman, UGC, to intervene in the matter urgently and direct the Vice-Chancellor to stop the scheduled interview and re-advertise the post as per the UGC Regulations of 2010.
| NANDITA NARAIN President, DUTA |
HARISH KHANNA Secretary, DUTA |
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