In a landmark decision, the Punjab and Haryana High Court has slapped a ₹1 lakh fine on the Vice Chancellor (VC) and Registrar of Dr. BR Ambedkar National Law University, Sonipat, for their illegal repatriation of the Deputy Registrar to the Directorate of Secondary Education.
Justice Tribhuvan Dahiya delivered a scathing judgment, declaring the actions of the VC and Registrar as a blatant violation of the Dr. B.R. Ambedkar National Law University, Haryana Act. The Court ordered both officials to personally pay the costs, splitting the amount equally.
“The petitioner has been forced to file this petition due to illegal action taken by the Registrar with the Vice Chancellor’s approval in complete derogation of the University Act, which they are bound to protect and uphold. Accordingly, she is held entitled to costs of the litigation which are quantified as ₹1,00,000 (one lakh only),” the Court decreed, specifying the payment must be made within two weeks.
This judgment arose from the case of Dr. Veena Singh, who transitioned from a role as Principal of a Government Senior Secondary School to Deputy Registrar at NLU Sonipat in 2020. Despite being absorbed into the university as a permanent employee, the Registrar abruptly repatriated Singh in March this year, prompting her to challenge the decision in court.
Justice Dahiya noted that the Executive Council (EC) had officially sanctioned Singh’s absorption, making her a permanent employee and not subject to repatriation. The Court found the Registrar’s repatriation order, approved by the VC, was executed with alarming speed and without legal basis.
“The EC Resolution to that effect was never modified or recalled at any stage. Accordingly, there was no occasion for the Registrar to treat the petitioner on deputation, and repatriate her to the parent Department,” the judgment emphasized, underscoring the illegality of the actions taken.
The Court criticized the Registrar and VC for their disregard of statutory provisions and the decisions of the EC, labeling their actions as arbitrary and without jurisdiction. The Court rejected the Registrar’s justification, which attributed his decision to the VC’s directives, and dismissed their explanation as a “sham.”
“Without going into the veracity of statement made by the Registrar to the extent he attributes the recording of noting for petitioner’s repatriation to the dictates of Vice-Chancellor, it is apparent from notings on the file that these senior most officers, instead of exercising the administrative powers to ensure compliance of the decision taken by the EC, have acted in derogation thereof in repatriating the petitioner to the parent Department,” the Court noted.
The Court also debunked the excuse of a lack of quorum for the EC, stressing that the necessary approvals had been in place since 2022. The judgment concluded with an order for NLU Sonipat to reinstate Dr. Veena Singh immediately.
The case was argued by Senior Advocate RK Malik and Advocate Anshul Labana for the petitioner, while Advocate Rajesh K Sheoran and Additional Advocate General Ravinder Singh Budhwar represented the respondents.
Dr__Veena_Singh_vs_Dr__B_R__Ambedkar_National_Law_University__Sonepat_and_others
