Dr. M.M.A. Faridi v. Delhi University & ORS

$~58 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10354/2016, CM APPL. 40708/2016 DR. M.M.A. FARIDI ..... Petitioner Through:

Ms. Filza Moonis, Adv.

versus DELHI UNIVERSITY & ORS ..... Respondent Through:

Mr. Amit Bansal and Ms. Seema Dolo, Advs. for R-1, Delhi University.

Mr. Mohinder J.S. Rupal, Adv. for RR-3.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 04.11.2016 The petitioner is aggrieved with the non-response to his four representations seeking redressal of his position below respondent no.4, in the seniority list of University College of Medical Science (UCMS), dated 29.05.2015. It is stated that the petitioner is due to be superannuated in July, 2017.

Mr. Mohinder J.S. Rupal, the learned counsel for UCMS - R-3 submits that the seniority list was published on 11.03.2005 and on 13.02.2009, which had earlier not been challenged by the petitioner, the grievance has perhaps arisen now simply because a regular Vice Principal is to be appointed. Nevertheless, the University has already written twice over

to respondent no.3 to place the representation of the petitioner regarding his request for being designated as Acting Principal in UCMS, before the Governing Body of the College so that an appropriate decision in the matter to resolve the seniority issue may be taken. The first letter was written on 08.04.2016. It was followed up by another letter of 16th May, 2016 which reads as under:

"No. CS-1/(111)/Misc./(TS)/UCMS/AG/2016/126 Dated: 16/05/2016 The Deputy Registrar University Coliege ot Medical Sciences, Dilshad Garden, Delhi-110095.

Sir, The University has received a letter dated 25.04t20.16 from Dr, M.M.A Foridi, Director Professor & HOD, Pediatrics, UCMS regarding rectification of the seniority list dated 29.05.2015 and appointment of Acting Principal, UCMS. A copy of which is being forwarded to you for perusal.

In this connection, your reference is invited to this office letter doted 08.04.2016 whereby the University has requested inter-alia, to place the matter before the Governing Body of the College and to take appropriate decision in the matter to resolve the seniority issue.

In view of the above, you are requested to take the matter of seniority of Prof. M.M.A Faridi as per his representation and settle the issue.

Yours faithfully.

Assistant Registrar (Colleges-T) End: a/a CC :Dr. M.M.A Faridi, Director Professor &HOD, Pediatrics, University College of Medical Sciences, Dilshad Garden, Delhi -110095.

(Section Officer CB-I))"

There has been no response to the same from the latter. In the circumstances, at the request of the learned counsel for the petitioner, this writ petition shall be treated as a representation by respondent no.2 who is the Pro-Vice Chancellor of the University of Delhi, who also happens to be the Chairman of the Governing Body of the UCMS, to dispose off the same by a reasoned order within four weeks from today and also grant personal hearing to the petitioner on 16th November, 2016 at 3 pm at his office. Respondent no.4 too shall be heard on the issue. Notice of such hearing shall be given by respondent no.2 to respondent no.4. The writ petition is disposed off in the above terms. The Court has not expressed any opinion on the merits of the case. NAJMI WAZIRI, J NOVEMBER 04, 2016/acm