Bharucha, J. - (1.) Upon a writ petition filed by Raj Singh (the first respondent in this appeal) the Delhi High Court held that the University Grants Commission (Qualific- ations required of a person to be appointed to the teaching staff of a University and institutions affiliated to it) Regulations, 1991, notified on 19th September, 1991, by the University Grants Commission (the second respondent in this appeal) were valid and mandatory and the Delhi University (the appellant) was obliged under law to comply therewith. The Delhi University was directed to select lecturers for appointment in itself and in its affiliated colleges strictly in accordance with the said Regulations. This appeal by special leave is filed by the Delhi University.
(2.) The writ petition was filed because Raj Singh had applied for the post of lecturer in Commerce in three colleges affiliated to the Delhi University but had not been called for an interview. He averred that the advertisement for applications in this behalf did not lay down that candidates should have passed the test prescribed by the said Regulations and that candidates who had not passed that test would not be called for interview. The writ petition was contested by the Delhi University. It was the case of the Delhi University that the said Regulations were beyond the competence of the University Grants Commission (U.G.C) and that, in any event, they were directory and not mandatory. The Delhi University, it was submitted, was an autonomous body and no condition of eligibility could be imposed upon it. The case of the Delhi University was not accepted by the High Court.
(3.) The Delhi University was established under the Delhi University Act, 1922 . Section 2(g) thereof defines 'teachers' to include "Professors, Readers, Lectures and other persons imparting instruction in the University or in any college or Hall". Section 2(h) defines 'teachers of the University' to mean "persons appointed or recognised by the University for the purpose of imparting instruction in the University or in any college". "College" is defined in clause (a) thus: "College", means an institution maintained or admitted to its privileges by the University, and includes an Affiliated College and a Constituent College". By reason of S. 20 the Court is " the supreme authority of the University". Section 21 states that the Executive Council would be the executive body of the University. Section 23 states that the Academic Council would be the academic body of the University and would, subject to the provisions of the Act, the Statutes and the Ordinances, "have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination within the University, and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes. It shall have the right to advise the Executive Council on all academic matters......"Section 29 deals with the Statutes of the University, No Statute dealing with, inter alia, "the conditions on the fulfilment of which the teachers of colleges and institutions may be recognised as teachers of the University" may be made, amended or repealed by the Executive Council except with the prior concurrence of the Academic Council. Statute 6, so far as is relevant, reads thus: (1) The Executive Council shall, subject to the control of the Court, have the management and administRation of the revenue and property of the University and the conduct of all administrative affairs of the University not otherwise provided for. (2) Subject to the provisions of the Act, the Statutes and the Ordinances, the Executive Council shall in addition to all other powers vested in it, have the following powers, namely: (i) to appoit, from time to time, the Registrar, Librarian, Principals of Colleges and Institutions established by the University and such Professors, Readers, Lecturers and other members of the teaching staff as may be necessary on the recommendations of Selection Committees constituted for the purpose". Ordinance XXIV sets out the qualifications requisite for the post of Lecturer in the Delhi University thus: "(a) A Doctorate's degree or research work of an equally high standard; and (b) Good academic record with at least second class (C in the seven point scale) Master's degree in a relevant subject from an Indian University or an equivalent degree from a foreign University. Having regard to the need for developing inter-disciplinary programmes, the degree in (a) and (b) above may be in relevant subjects. Provided that if the Selection Committee is of the view that the research work of a candidate as evident either from his thesis or from his published work is of very high standard, it may relax the requirement of "at least second class in Master's degree examination in terms of level achieved at the said examination as prescribed in (b) above. Provided further that if a candidate possessing a Doctor's degree or equivalent research work is not available or is not considered suitable, a person possessing a good academic record, (weightage being given to M.Phil . or equivalent degree of reasearch work of quality may be appointed on the condition that he will have to obtain Doctor's / M.Phil. degree or give evidence of research of high standard within ten years of his appointment, failing which he will not be able to earn future increments until he fulfils these requirements. Explanation: 1. For determining 'good academic record' the following criteria shall be adopted: (i) A candidate holding a Ph.D./M.Phil. degree should possess at least a second class Master's degree; or (ii) A candidate without a Ph.D./M.Phil. degree should possess a high second class Master's degree and second class in the Bachelor's degree; or (iii) A candidate not possessing Ph.D. M. Phil. Degree but possessing second class Master's degree should have obtained first class in the Bachelor's degree. 2. Persons having secured at least 55 % or more marks shall be deemed to have passed the examination in the high second class." ;