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Supreme Court of India 2020-01-23 dismissed

GOVERNING BODY SWAMI SHRADDHANAND COLLEGE vs AMAR NATH JHA

Bench: 3 — R. Banumathi, A.S. Bopanna, Hrishikesh Roy

In Brief

The Supreme Court dismissed an appeal by a Delhi college and the University of Delhi challenging an order directing approval of Dr. A.N. Jha's appointment as Vice-Principal. The University had rejected the appointment citing non-compliance with procedural requirements for prior approval. The Court held that procedural non-compliance cannot be used to deny approval when the candidate is eligible and the Governing Body's decision was substantive and bonafide. The Court noted the University had previously granted post-facto approvals in similar cases and concluded the rejection was pretextual—motivated by concerns the Vice-Principal might act as Principal if the Principal position remained vacant. The judgment upheld the High Court's direction to grant approval.

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Educational Law Administrative Law Appointment of Officers University Regulations Procedural Compliance Mandamus Writ Petition

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