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Teachers can’t suffer in tiff between govt, colleges: Delhi high court

The Delhi High Court on Monday observed that teachers cannot be allowed to suffer in the blame game between the Delhi government and Delhi University colleges.

Updated on: Nov 3, 2020, 16:00:03 IST
Hindustan Times, New Delhi | By
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The Delhi High Court on Monday observed that teachers cannot be allowed to suffer in the blame game between the Delhi government and Delhi University colleges.

Delhi high court (File photo for representation)
Delhi high court (File photo for representation)

Hearing a plea filed by the Delhi University Students Union (DUSU) that has challenged the AAP government’s order asking 12 Delhi University colleges to pay outstanding salaries to staffers from the Students Society Fund (SSF), the court told the union’s counsel to make all 12 colleges parties in the case and to refused to pass any order in their absence.

On October 16, the Delhi government had told the 12 colleges fully funded by it to pay the salaries of more than 1,500 staff—teaching and non-teaching—from the students fund and directed that the amount should be released within two weeks.

The state government’s order was challenged by DUSU, following which the Delhi High Court stayed the order on October 23. Justice Navin Chawla, while issuing notice, transferred the matter to the court of Justice Jyoti Singh where similar cases were pending.

On Monday, Justice Jyoti Singh asked the DUSU counsel to make all 12 colleges parties in the case. The court said Delhi University is the guardian of its colleges and it is its responsibility to put things in order and solve issues.

“The colleges should be made a party. In this blame game, teachers cannot be allowed to suffer. Where should teachers go then?...I am wondering and amazed that colleges that should be made first party are not made a party at all,” the judge said, adding it would be unfair to pass any order in the absence of colleges.

Appearing for the Delhi government, its counsel told the court that the stay granted on October 23 should be vacated as the colleges were not present in the hearing. He said since the court is seeking the presence of all the 12 colleges, the stay order cannot be sustained because the colleges have not been heard.

The court, however, said even if there is force in the argument, it will not pass any order at this stage.

Advocate Jivesh Tiwari, who represented DUSU, sought some time, following which the matter was listed for November 5.

Advocate Aakanksha Kaul, appearing for Delhi University, said it is supporting the students’ petition and that the students’ fund cannot be used for paying salaries of teachers and it will amount to cheating the pupils.

The high court asked the DU counsel to take instructions on the issue of funds and grants from the higher authorities and inform the court about it on the next date of hearing.

The students’ union said that such arbitrary and illegal usage of the money raised by students for their academic welfare had forced the petitioner to move court.

The plea said the directorate of higher education directed the 12 colleges, which are 100% funded by the Delhi government, to utilise the Students Society Fund (SSF) to pay salaries.

The 12 colleges are Acharya Narendra Dev College, Dr Bhim Rao Ambedkar College, Bhaskaracharya College of Applied Sciences, Bhagini Nivedita College, DeenDayal Upadhyaya College, Aditi Mahavidyalaya Women’s College, Indira Gandhi Institute of Physical Education & Sports Sciences, Keshav Mahavidyalaya, Maharaja Agrasen College (DU), Maharshi Valmiki College of Education, Shaheed Rajguru College of Applied Sciences for Women and Shaheed Sukhdev College of Business Studies.

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