Neetu Yadav vs Indira Gandhi National Open ...
2009 Latest Caselaw 2691 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         W.P.(C.) No.10153/2009

%                      Date of Decision: 17.07.2009

Neetu Yadav                                              .... Petitioner
                       Through Mr.Akil Rataeeya, Advocate

                                Versus

Indira Gandhi National Open University                  .... Respondent
                     Through Nemo.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR

1.    Whether reporters of Local papers may be              YES
      allowed to see the judgment?
2.    To be referred to the reporter or not?                NO
3.    Whether the judgment should be reported in            NO
      the Digest?


ANIL KUMAR, J.

*

The petitioner has challenged the communication dated 2nd

February, 2009 of respondent giving an opportunity to the petitioner to

defend her case and to show cause as to why her admission be not

cancelled by the University on the ground that the DPE programme is

offered to in service teachers working and living in North East states

and the teachers who attend the DPE programme are supposed to

attend counseling sessions and to attend school based practice teaching

activities in the respective schools in the North East states where the

teachers work and since the petitioner is staying in Delhi and she has

not attended the counseling sessions and school based practice

teaching activities, therefore, cancellation of her admission to DPE

programme was sought. Reply to the show cause notice dated 12th

February, 2009 was filed by the petitioner, however, no decision has

been taken.

Since the reply to the show cause notice has been filed by the

petitioner and final order on the basis of the reply given by the

petitioner has not been filed, the writ petition at this stage seeking

quashing of show cause notice shall not be maintainable nor there are

any grounds disclosed by the petitioner for quashing the show cause

notice.

In the circumstances, at this stage petitioner is also not entitled

for a direction to the respondent to issue certificate of passing and

completion of diploma in Primary Education (DPE) recognized by the

National Council of Teachers Education.

In the facts and circumstances, the petitioner is not entitled for

any relief at this stage nor the show cause notice dated 2nd February,

2009 can be quashed. The writ petition is, therefore, dismissed.

However, the petitioner shall be entitled to challenge any order passed

by the respondent pursuant to the show cause notice dated 2nd

February, 2009 as and when taken by the respondent.

July 17, 2009                                    ANIL KUMAR, J.
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