HC stays Delhi govt decision asking 12 DU colleges to pay staff salaries from students fund – education
On Friday, the Delhi High Court suspended the AAP government’s decision to ask 12 fully funded Delhi University faculties to pay outstanding salaries to the employees of the Student Society Fund.
Judge Navin Chawla approved the order in a request from the Delhi University Student Union (DUSU), which said the student fund cannot be used for any activity other than for the welfare of students.
DUSU’s attorney said the fund cannot be used to pay teachers’ salaries.
The students’ petition was also supported by defender Aakanksha Kaul, representing the University of Delhi.
DUSU has defied the Oct. 16 order from the Delhi government calling on the 12 universities to pay the salaries of more than 1,500 employees, both teaching and non-teaching, from the student fund and the amount must be released within two weeks.
University staff are not paid for the past three months.
12 universities that are affiliated with the University of Delhi and fully funded by the Delhi government 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 and 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.
The high court issued a notice to the Directorate of Higher Education, the University of Delhi and the Delhi government and requested their responses to the DUSU petition.
Judge Chawla, who verbally observed that instead of taking the students’ fund, the state should have paid the salary amount to the university staff, transferred the case to the Jyoti Singh court, before which similar matters are pending.
Lawyer Jivesh Tiwari, appearing for DUSU, said the fund is collected from students and nothing comes from the government and urged the high court to suspend the operation of the government’s decision.
“This arbitrary and illegal use of the money collected by the students for their academic well-being has forced the petitioner who represents the students of the university as a union, to go to this court for annulling such an illegal, unfair and arbitrary order that is unfair and violates the rights of students as a whole, ”the statement said.
The petition said that the Higher Education Directorate has directed the 12 universities, which are 100 percent funded by the Delhi government, to exhaust and use the funds collected by students with respect to the Student Society Fund (SSF ) maintained by the respective universities. by and for the students.
He said that according to UGC guidelines, only 11 heads can be included as income and 34 heads for expenses. He added that for the payment of salaries only bosses who are under the heading of “income” can be used to pay salaries. “This does not include the fund raised by students under the direction of the society or any amount held in that corpus fund in respect of the SSF may be used for this purpose,” the statement said. “… the contested actions are wrong under the law and violate the rights of each and every one of the students who have contributed to such SSF and the use of said Funds for the payment of salaries will be highly objectionable since their lies have no reason or precedent for the use of such student funds for the payment of salaries of the universities that are financed 100 percent by the respondent number 3 (Delhi government), ”he said.
The government order has stated: “Having noted that the salaries of the teaching and non-teaching staff of the universities, affiliated with the University of Delhi and fully funded by the Delhi GNCT, are pending / not paid due to Grant-in-Aid Ongoing / Non-Release Special Audit, The Honorable Dy CM has ordered / allowed: Pending salaries of teaching and non-teaching staff to be immediately released from the SSF as has been done in the past, until that the Special Audit process is completed / More GIA quotas are published (under the main salary). “To this end, the necessary permission is granted to use the Student Society Fund (SSF) for the payment of salaries to the teaching and non-teaching staff, according to the order. “If any unpaid salary remains after the SSF has been exhausted, the Directorate of Higher Education will pay the remaining amount after receiving the formal application from the university (s) in question ”, to gregó.