The court listed the matter for further hearing on November 9, when another similar petition is to be heard.
“Let some money come to these colleges and teachers also,” the judge orally observed.
The high court said the October 23 interim order, putting a stay on the decision asking the 12 DU colleges to pay outstanding salaries of staffers from the students’ fund, will continue till further orders.
The 12 colleges which are affiliated with the Delhi University and are 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 & 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 had on October 23 issued notice to the Directorate of Higher Education, Delhi University and Delhi government and sought their replies on the petition by DUSU.
It had earlier observed that in the blame game between the AAP government and DU colleges, teachers cannot be allowed to suffer.
It had also observed that DU is the guardian of all its colleges and there is some responsibility of the varsity to put things in order and solve the issues.
DUSU, in its plea filed through advocate Jivesh Tiwari, has said: “Such arbitrary and illegal usage of the money raised by the students for their academic welfare has forced the petitioner who represents the students of the university as a union, to come to this court for quashing of such illegal, unjust and arbitrary order that is unjust and violative of the rights of the students as a whole.”
DU’s counsel had said the varsity is supporting the students’ petition and that their fund cannot be used for paying teachers salaries as it will amount to cheating the students.
Staff at colleges has not been paid for the last three months.
The plea said the Directorate of Higher Education has directed the 12 colleges, which are 100 per cent funded by the Delhi government, to exhaust and utilise the funds gathered by the students with respect to the Students Society Fund (SSF) maintained by the respective colleges for and by the students.
“…the impugned actions are bad in law and violate the rights of each and every student that has contributed to such SSF and usage of the such Funds for the payment of salaries will be highly objectionable as their lies no reason or precedent for the usage of such student funds for payment of salaries from colleges which are 100 per cent funded by the respondent no.3 (Delhi government),” it said.
The government order has said, “Having taken notice that salaries of teaching and non-teaching staff of colleges, affiliated to Delhi University and fully funded by the GNCT of Delhi, are outstanding/not being paid due to ongoing Special Audit/non-release of Grant-in-Aid, the Hon’ble Dy CM has ordered/permitted : outstanding salaries to the Teaching and Non-Teaching staff be released immediately from the SSF as has been done in the past, till the process of Special Audit is completed/further installments of GIA (under the Salary Head) are released.”
For the purpose, requisite permission for utilising the Students Society Fund (SSF) for payment of salaries to the teaching and non-teaching staff is hereby accorded, the order has said.
“If any salaries remain unpaid after the SSF has been exhausted, the remaining amount will be paid by the Directorate of Higher Education after receipt of formal request from the concerned college(s),” it added.