DSW Nahar’s Cong affiliation will mar student polls: Panjab University

Varsity to request high court for urgent hearing on plea against stay on Nahar’s removal

Dean students’ welfare (DSW) Emanual Nahar’s affiliation to the Congress would “mar” the conduct of free and fair elections to the Panjab University Campus Student Council (PUCSC), argues the varsity’s petition — against the stay on his removal from the post — to be put before the Punjab and Haryana high court on Thursday.

The DSW is the election officer of the varsity. The student council polls are to be held on Friday.

Nahar, who was removed on vice-chancellor Raj Kumar’s orders on August 22, joined back the office on Tuesday afternoon after the high court intervention.

A request for listing the university appeal for hearing against the single-judge order was made before the chief justice on Wednesday morning. However, the petition could not be filed as lawyers associated with the case finalised it at 4pm, by which time the court hours were over. Now, a request for urgent listing would be made again on Thursday.

CJ expresses displeasure

On Wednesday morning, when the request for urgent listing was made before chief justice Krishna Murari, who is also an ex officio member of the PU senate, he expressed his displeasure over the development. He said he won’t hear the matter. Nahar has already moved a plea requesting the court to hear him before passing an order, if the varsity files a plea against the single-judge order.

In a scathing indictment, the single-judge bench on Monday had observed that “the tearing haste” in which Nahar was removed “at first flash, is indicative that the V-C wanted his dissent to prevail”. Only the V-C had dissented in the 15-member syndicate meet that forwarded the proposal for extension to Nahar to the senate. Even the senate could not reach a consensus during its August 22 meeting, following which the V-C removed Nahar temporarily.

What varsity contends

“Giving and taking away of charge at this juncture would not only mar the fair and free elections to the student body but would also raise finger on the conduct of the respondent (Nahar) as he is the general secretary of Punjab Pradesh Congress Committee and therefore there is nothing left to comment upon his political inclination and hell bent attitude to manage the affairs of the university as election officer,” the petition prepared by PU says.

The varsity says the single judge passed the order without allowing it to defend its decision in writing. Emphasising that VC’s decision should prevail in the DSW appointment, the varsity says in the petition that the V-C and syndicate are at an equal footing as far as recommendation for appointment is concerned. The powers entrusted in both the authorities are equal for recommendation and the recommendation of both the authorities are required separately, it argues, further mentioning that no power of recommendation was given to the V-C in case of dean of foreign students, but the case of DSW is different.

The V-C is the principal executive and academic officer and the service and conduct rules empowers him to interpret and implement any rule and also to issue administrative instructions, the varsity says, further arguing that Nahar instead of coming to court should have approached PU chancellor, as per provisions.

The varsity also argues that according to the PU Calendar, the V-C is authorised to determine as to in which form the business of the House would be conducted. It empowers the V-C of using his discretion with regard to the scope of any resolution or amendment in connection with the proceedings of the meeting, says the varsity.

As regards to the single-judge bench’s observation on the non-availability of minutes of the senate meeting, PU says they are to be compiled within one month.

Nahar’s response

“I was listed as the Punjab Pradesh Congress Committee general secretary in 2014. After that, I haven’t been on the post. I joined as the DSW in 2016 and have conducted PU elections for three years without any allegation of favouritism,” said Nahar