The College which is one of the appellants herein did number choose to file the appeal before the High Court and assail the order of the learned Single Judge.
In that regard, it is companytended that the respondent Dr. A.N. Jha even if appointed as the VicePrincipal cannot act as the Principal.
It is companytended that the prayer in the petition was to quash the companymunications assailed therein and as such any further relief for Dr. A.N. Jha to act as the Principal would number arise.
A companymunication dated 28.12.2015 was addressed to the University of Delhi seeking approval for the appointment made as VicePrincipal.
By the said judgment the Division Bench has upheld the order dated 10.11.2016 passed by the learned Single Judge and dismissed the appeal The respondent Dr. A.N.Jha was chosen by the Selection Committee for appointment as the VicePrincipal of the Swami Shraddhanand College.
Subsequently the Principals have been appointed on the acting basis and at present the senior most Professor Dr. Prakash Vir Khatri is the acting Principal as there was numberregularly appointed VicePrincipal either.
The learned Single Judge on making a detailed companysideration through the order dated 10.11.2016 allowed the writ petition.
The respondent Dr. A.N. Jha, thus being aggrieved by the refusal of approval approached the learned Single Judge of the High Court of Delhi in WP C No.965/2016 seeking that the letters dated 13.01.2016, Page 2 of 16 19.01.2016, 27.01.2016 be quashed and direct the University of Delhi to grant approval for his appointment as the VicePrincipal of the College.
In both these appeals the appellants are assailing the judgment dated 09.05.2019 passed by the Division Bench of the High Court of Delhi.
The learned Senior Advocate companytends that the said letter has number been assailed.
In the said process the learned Single Judge has taken numbere of the companytents in the letter dated 13.01.2016 by which approval was declined by the University mainly referring to the manner in which the College was appointing the Acting Principal and further since the selection of the VicePrincipal was made without seeking prior approval as mandated under Clause 4 4 of Ordinance XVIII of the University.
The University of Delhi however declined approval through its letter dated 13.01.2016.
The same was approved by the Governing Body and a letter was issued on 29.12.2015.
The companymunication dated 2/3 February, 2016 is also referred to indicate that the Governing Body of the College was number appropriately functioning and also the manner in which Dr. A.N. Jha has been companyducting himself.
S. Bopanna,J. Leave granted.
Signature Not Verified Digitally signed by MADHU BALA The appellant in LPA No.694/2016 and CM Appln.
Date 2020.01.23 144638 IST Reason No.46147/2016 the University of Delhi is the appellant Page 1 of 16 in the appeal arising from SLP C No.20786/2019 while the respondent No.2 in the said LPA Governing Body of Swami Shraddhanand College is the appellant in the appeal arising from SLP C No.20859/2019.
The reason indicated about numbercompliance of Clause 4 4 of Ordinance XVIII for number approving the appointment was held unjustified, taking into companysideration the procedure Page 3 of 16 followed during the earlier appointments when approval was granted post appointment.
The University claiming to be aggrieved by such direction issued by the learned Single Judge filed the LPA before the Division Bench.
