The Hindu : New Delhi News : Court sees little role for DU in posting of Stephen’s principal

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Court sees little role for DU in posting of Stephen’s principal

Staff Reporter

Notices issued to the University Grants Commission and Delhi University

NEW DELHI: The Delhi High Court on Tuesday observed that the Delhi University should not interfere in the appointment of Principal of St. Stephen’s college in the Capital. “The Constitution has given autonomous power to the management of minority institutions like the college to take decisions in appointing their heads and other authorities should not interfere in it,” the Bench suggested, adding that choices of the managements of such institutions are absolute in the appointment of its principals.

The court’s observation came while hearing a petition filed by the college challenging an ordinance of the University through which it had directed the college to follow its direction in the appointment of Principal.

A Division Bench comprising Justice A.P. Shah and Justice S. Muralidhar issued notices to the University Grants Commission and Delhi University and asked the respondents to file replies to the petition by August 1.

The college submitted that the University had on March 20 directed it to send the names of candidates for appointment of a Principal.

Opposing the direction by the University, the college submitted that it was an encroachment on its autonomy as it was a minority institution under the relevant article of the Constitution.

The ordinance says that the college has to appoint a Principal recognised by the University. Under clause 7(2) of the ordinance the management has no choice but to appoint a person recognised by the University as the Principal which was unconstitutional as it amounted to takeover of the power of selection for the post vested in the minority institution, the petition said.

The University, on the other hand, justified the clause saying that the regulation was necessary for maintaining the quality of education in the college.

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