Delhi: HC declines to initiate contempt proceedings against teachers

The Delhi High Court on Monday declined to initiate contempt proceedings against the teachers of a Delhi University college for allegedly defying its order asking them to teach under graduate courses in semester mode.

Updated: May 16, 2011, 20:21 PM IST

New Delhi: The Delhi High Court on Monday declined to initiate contempt proceedings against the teachers of a Delhi University college for allegedly defying its order asking them to teach under graduate courses in semester mode.

The court, however, expressed its displeasure over the conduct of the Dayal Singh college staff and asked the teachers to work in harmony with the university.

"We treat the resolution of Dayal Singh College Staff Council as a resolution passed in anxiety and decidedly misguided in law. While expressing our displeasure in respect of the resolution, we advisedly refrain ourselves from taking any action against the teachers or the staff," a division bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna said.

"We hope and trust that the teaching community, which is expected to be a disciplined one, shall not compel this court to take any stringent action because of their conduct or action in future", the bench said.

Repeating its previous order asking the teachers to teach in the semester mode till the disposal of a petition by the teachers challenging the university`s ordinance to implement the system, the bench said the teachers should see the interest of students.

On April 19, the university had asked its colleges to implement the semester system in the arts stream from the academic session 2011-2012. The teachers from Dayal Singh College have passed a resolution against the university`s stand on May 02 despite the court`s February order to teach as per the university direction.

The college was supposed to send the eligibility criteria and additional information regarding the curriculum being fixed by the university but they refused to reply stating that the matter is pending before the high court, the lawyer submitted. According to the resolution, "the Dayal Singh College Staff Council decides to frame or send any additional eligibility criteria for admission only after the issue of semester is decided by the Hon’ble Court.

"The University of Delhi vide notification dated 19/04/2011 had asked for the details with clause No 10 that specified all undergraduate courses in 2011-12 to be taught in semester mode. Dayal Singh College Staff Council condemns this notification that was issued without the concurrence of statutory bodies like Academic Council and Executive Council," the resolution also said.

The bench, which was hearing the university`s plea to initiate contempt proceedings against the teachers for passing such a resolution despite the fact that the matter is sub-judice, now fixed July 12 for final hearing of the plea challenging the validity of university`s ordinance for semester system under the University Act.

PTI