Poonam Sethi v. Hindu College, University of Delhi

1. The petitioner Dr.Poonam Sethi has filed the present petition Page 1 of[4] 2016:DHC:8634 M seeking quashing of letter dated 5"^ February 2013 and subsequent letter dated 18'*^ February 2013 and further seeks direction to respondent Nos.l and 2 to allow the petitioner to continue on the post of Warden of Hindu College.

2. The petitioner has also filed a petition under Sections 11 and 12 ofthe Contempt of Courts Act, 1971.

3. By this common order, I propose to dispose of both the petitions.

4. Succinctly stated the facts of the case are that the petitioner vide application dated 15"^ December 2012 applied for the post of Warden in Hindu College Hostel. In all, 10 applications were received by respondent No.l. The petitioner was stated to be the senior most amongst the 10 applicants.

5. The petitioner was informed vide letter dated 5"^ January 2013 (Annexure P-7) issued by respondent No.l that she had been appointed Warden of Hindu Collegefor a period of three years w.e.f 7"^ January 2013. The petitioner conveyed her acceptance and took charge of her duties as Warden of the CollegeHostel.

6. The governing body of the respondent college in its meeting held on 18'^ January 2013 (Annexure P-8) also approved the appointment of the petitioner as Warden of Hindu College Hostel for aterm ofthree years w.e.f 7"" January 2013.

7. However, respondent No.l vide impugned letter dated 5"^ February 2013, relieved the petitioner from her duties as Warden w.e.f. 6^^ February 2013. The petitioner made representations to Page 2 of[4] respondent No.l seeking reasons for termination from the post of Warden and for providing documents pertaining to the matter but respondent No. 1 did not respond to the representations and reminders ofthe petitioner.

8. Vide letter dated 18"^ February 2013, respondent No.1asked the petitioner to submits the keys of the hostel office to the SO(Admn.) latest by 19"^ February 2013. Since the respondent No.l did not respond to the letters of the petitioner, the petitioner made a representation to the Vice Chancellor of the University of Delhi seeking redressal of her grievances. But finding no response, the petitioner approached this Court by calling the actions of respondent No.l as arbitrary, whimsical and in violation of Article 14 of the Constitution ofIndia. It is also stated that the petitioner was removed without affording an opportunity of hearing and without issuing a show-cause notice which is in violation of principles of natural justice.

9. Vide order dated 6"^ March, 2013, this Court stayed the operation of impugned letter dated 5"^ February 2013 and also minutes ofthe governing body ofrespondent No.l dated 18"" January

2013.

10. The pleadings were complete and the writ petition was admitted on 8*^ September, 2014. The interim order 6^*^ March, 2013 was made absolute.

11. During the course of arguments, it is brought to the notice of the Courtthat the tenure of the petitioneras Wardenof the Hostelof Page 3 of[4] Hindu College has already expired in January 2016.

12. Admittedly, the petitioner was appointed as Warden of Hindu College for a period ofthree years from 7'*^ January 2013. The said term has come to an end on 6"" January 2016. The grievance of the petitioner was also that she was not allowed to complete the work of appointment as Warden. Since the tenure of the petitioner has come to an end, nothing remains in the present petition.

13. As regard the application under Section 11 and 12 of Contempt of Courts Act, 1971, it may be mentioned that vide order dated 07.12.2015 applications were invited for the post of Warden. In the said order, it is specifically mentioned that the post of Warden is likely to fall vacant on 07.01.2016.

14. In view of the above, the writ petition as well as contempt application stand disposed of V.P.VAISH, J APRIL 04, 2016 Page 4 of[4]