HC Requests DU and UGC Position on St. Stephen’s College’s Request for Renewal of Principal’s Term

On a case filed by St. Stephen’s College challenging the university’s opposition to the college’s principal’s term extension, the Delhi High Court on Tuesday sought the opinions of Delhi University (DU) and the UGC.

The college was given permission to petition the court for relief if there was any interference with Prof. John Verghese’s ability to operate as its head by a bench chaired by Justice Sanjeev Sachdeva.

The principal has held the position for the last two years, according to the counsel for DU, and no case has been established for a temporary directive since no coercive action has been taken.

The panel, which included Justice Manoj Jain as well, ordered DU and UGC to respond to the plea and said, “Liberty is granted to the petitioner to approach the court if any hinderance is caused in the functioning of the principal.” The petitioner’s attorney said that DU was requiring that after an initial five-year term, the principal’s term be renewed by an outside review committee or that a new job posting be made.

After his first five-year tenure as principal expired in 2021, Varghese was reappointed to the position, as was disclosed to the court.

According to the petitioning college, DU’s stance violated the rights of institutions serving minorities guaranteed by Article 30 of the Constitution.

The petitioner sought the court to rule that the UGC Regulations and the Delhi University Ordinances, which call for an external peer review for the extension of the Principal’s term, did not apply to it in the plea submitted via attorney Romy Chacko.

The petitioner’s attorney demanded that temporary orders be issued in this case stating that they were permitted to choose instructors.

DU, however, has previously said that it was not acting in response to its objections to the second term to the principal, according to the court, which was stated in its statement.

“They have already rejected the plan (to take action).” The petition is still pending if they comply. They have said that they would not take any action, the court stated.

The court questioned DU about the “meaning of not recognising” the principal’s extended term and if this would result in the rejection of any activities he took in that role.

The UGC norms controlling the selection of principals of colleges, according to the DU counsel, were the basis for the objection with regard to the prolonged term, but up to this point, no unfavorable actions had been taken by it.

In his appeal, the petitioner claimed that the petitioner had received a directive from the university the previous year to “follow the UGC Regulations in true spirit for the appointment of Principal in the College failing which the University will not recognise Professor John Varghese as Principal of the College ever since his 5-year term ended.”

Although Varghese’s appointment as principal by the Supreme Council of the college was valid, the petition claimed that DU was “insisting that insofar as renewal of his term after 5 years/reappointment, the same can only be done by a review committee consisting of the nominee of Vice Chancellor and nominee of the Chairman UGC by relying upon the Regulations of the UGC and corresponding changes made in the Ordinances of the Delhi University.”

It said that no external agency may participate in the selection and appointment of the principal under Article 30 of the Indian Constitution.

The UGC was only permitted to establish standards, such as educational requirements, and was not permitted to take part in the actual selection of a college’s principal.

“The Petitioner College was still being harassed by the Respondent University. The Petitioner College requested that the Respondent University provide a panel of names for the Chairperson, Governing Body to nominate nominees and subject experts to be on the selection committee for selection and appointment of Assistant Professors. The Respondent University chose to postpone this request.

To the complete surprise of the petitioners, on December 30, 2022, the university ordered the college to either advertise the principal’s position in accordance with the UGC Regulation adopted by the university or to request ex post facto approval of the university in order to extend Professor John Varghese’s term as principal of the petitioner college for a second term in accordance with the UGC Regulation of 2018 incorporated under clause 7(2) d of Ordinance XVIII of the university. November would be the next hearing date for the case.