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HC holds: Thampu appointment ‘illegal’

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Posted: Feb 26, 2008 at 2244 hrs IST

New Delhi, February 25 The Delhi High Court on Monday refused to oblige St Stephen’s College with a stay on an order by the National Commission for Minority Educational Institutions (NCMEI), holding Officer on Special Duty (OSD) Valson Thampu’s appointment as “patently illegal”.

Early this month, the national panel had termed Thampu’s nomination as OSD a case of mal-administration and called for “urgent corrective measures”, starting off with the designation of a new principal.

The petition of the college was centered on the argument that the Commission did not consider the “fact” that it, being a minority institution, did not fall under the ordinance provisions prescribed under the Delhi University Act.

“The Tribunal found fault with the college administration for not sending a panel of three names of candidates to the Vice-Chancellor, who would then select the eligible one. As a minority institution, we are under no obligation to go by this process and the principal can be selected by the Governing Body and Supreme Council of the college,” submitted M K Bishnoi, counsel for the college, before Justice Gita Mittal.

Bishnoi also took exception to any role by the varsity in the appointment process of the principal and said the college was “wholly justified” in rejecting any recommendations from the university. On the other hand, the national panel had chided the college for justifying Thampu’s appointment under the “cloak of a minority institution’s autonomy”.

The court further directed the University Grants Commission to clarify on Thampu’s PhD status on another petition, which came up for hearing today, filed by ex-student Sheetal Singh pointing out that Thampu’s educational status did not qualify him for the post.

“As per legal provisions, to qualify as OSD, one needs to have a PhD in a subject taught in a college. Thampu claims to have a Ph.d in Theology, which is not a part of the syllabus, from a college in Allahabad. We have only brought this matter under the court’s scanner,” said Sachin Dutta, counsel for Singh.

“The ordnance under the Delhi University Act only says PhD without elaborating,” retorted Bishnoi.

Meanwhile, Justice Mittal directed the university, the UGC, St Stephen’s Governing Body and Thampu to file affidavits on the details of an advertisement issued for the post of the college principal.The advertisement had hit a rough spot after complaints surfaced that the college management had violated Delhi University ordinances and UGC norms by fixing an age bar of 50-60 years for aspirants.

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