Delhi High Court
Jainidh Kaur (Thr Her Next6 Friend ... vs St.Stephens College And Ors. on 28 April, 2011
Author: Dipak Misra,Chief Justice
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ WRIT PETITION (CIVIL) NO. 4410/2010
Judgment delivered on : 28th April, 2011
JAINIDH KAUR (THR HER NEXT6 FRIEND & NATURAL
GUARDIAN) ..... Petitioner
Through Ms. Prabhsahay Kaur, Co-
Amicus Curiae.
versus
ST.STEPHENS COLLEGE AND ORS. ..... Respondents
Through Ms. Maninder Acharya & Mr.
Yashish Chandra, Advocates for
University of Delhi.
Mr. Atul Kumar, Advocate for
respondent-CBSE.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporter or not ?
3. Whether the judgment should be reported in the Digest ?
DIPAK MISRA, CJ:
This Court on 24th March, 2011 had passed the following
order:
" In pursuance of our earlier order
dated 16.3.2011, Mr. R.K. Sinha,
Registrar, Delhi University, Dr. Veera
Gupta, Secretary, CBSE and Ms. Dharini
S. Arun, Asst. Secretary, CBSE are
present. A memorandum has been filed
stating, inter alia, that the problem has
been sorted out.
WRIT PETITION (CIVIL) NO. 4410/2010 Page 1 of 5
Mr. Jain, learned Amicus Curiae
submitted that the problem remains as it
is. The said controversy shall be
adverted to on the next date of hearing.
The personal presence of the
authorities stands dispensed with for the
time being.
In the meantime, Mr. Jain, learned
Amicus Curiae may give further
suggestions to the Registrar of the Delhi
University and the Secretary, CBSE so
that they can take proper steps and see
that the controversy is put to rest from all
spectrums and the students do not suffer
because of delay in re-verification of the
answer scripts. We hope and trust that
the authorities shall remain alive to the
problems faced by the students and usher
in a sense of rational approach.
Call on 20.4.2011."
2. It is submitted by Mr. Atul Kumar, learned counsel
appearing for the CBSE that certain decisions have been taken.
For the sake of completeness, we reproduce the said decisions:
" The issues raised by the Amicus
Curiae had already been deliberated by
CBSE in its meeting held on 4.4.11. The
following action plan may be adopted:
i) The form for verification of Marks be
uploaded on the Website;
ii) Columns for collecting the following
information be added in the form in order
to segregate the applications in respect of
those candidates applying to University of
Delhi and Comptt./IOP candidates-
Result as declared by the Board
WRIT PETITION (CIVIL) NO. 4410/2010 Page 2 of 5
iii) The amount of fee be bifurcated for those
applying online and within five days of the
declaration of result and for those
applying between 6th to 21st day either
online or offline as under:
- 300/- per subject be charged for
verification of marks and the applications
be received online within five days from
the date of declaration of result. The
result of verification be declared within 15
days
- 200/- per subject be charged and the
application received either online or
offline and the results be also declared
within 3-4 weeks.
- Verification result in respect of
Comptt/IOP candidates may be declared
within 4-6 weeks
The fee structure for applying within 05
days of declaration of result has been
proposed to be double of that as being
charged from those candidates applying
between 6th to 21st day which is the fee
structure applicable as on date. Also a
Committee has already been constituted
to consider enhancement in the
remuneration and examination fee
structure relating to Classes X/XII
Examinations. The issue for increasing
the fee for verification of marks will also
be discussed therein.
iv) The modes of receipt of the application
and fees may be as under-
(a) applications be received online with
payment
(b) applications be received on-line with
WRIT PETITION (CIVIL) NO. 4410/2010 Page 3 of 5
payment through Demand Draft.
(c) applications be received offline in
traditional system.
(d) For future arrangement, tie up with
Syndicate Bank may be explored.
v) the process for verification be started on
receipt of the application in the office
however, the result be communicated
only after realization of the requisite fee.
vi) all applications received online or offline
be dealt with expeditiously on first come
first disposal basis;
It was further accepted that in those
cases where the increase in marks is
more than five the Regional officers may
send the Answer sheets through
messenger (s), if needed for obtaining
approval of the Competent Authority to
meet the time schedule."
3. At this juncture, Ms. Maninder Acharya, learned counsel
appearing for the University of Delhi after obtaining instructions
from Mr. M.A. Sikander, Deputy Registrar (Legal), Delhi
University, has submitted that the University shall admit all
students even if they only produce their marks after revaluation
till the last cut off date, irrespective of availability of seat.
Learned counsel for the University has fairly stated that a
circular shall be issued to all the colleges within four weeks.
Needless to emphasize when the University issues the circular,
the same shall be binding on all affiliated and constituent
WRIT PETITION (CIVIL) NO. 4410/2010 Page 4 of 5
colleges. The writ petition is accordingly disposed of without any
order as to costs.
Copy of this order be given dasti to the learned counsel for
the parties under signature of the Court Master.
CHIEF JUSTICE
SANJIV KHANNA, J.
APRIL 28, 2011
VKR
