Shivam Chhabra vs Guru Gobind Singh Indraprastha ...
2011 Latest Caselaw 6026 Del

*          IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Decided on : 09.12.2011

    + W.P.(C) No.20/2011 and C.Ms. No.7198/2011 & 19466/2011


IN THE MATTER OF

SHIVAM CHHABRA                                            ..... Petitioner
                          Through : Mr. Amit Goel, Adv.

                     versus

GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY & ANR.
                                               ..... Respondents
                   Through : Mr. Mukul Talwar, Adv. for R-1.

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI



HIMA KOHLI, J. (ORAL)

1. An interim application, registered as C.M. No.19466/2011, has been

filed by the petitioner seeking some interim orders. However, counsel for

the petitioner requests that the main writ petition may be taken up for

hearing today itself in view of a recent judgment dated 24.11.2011

passed by the Division Bench in LPA No.899/2011 entitled "Arpit Singh

vs. Guru Gobind Singh Indraprastha University & Anr.", the facts of which

case are almost identical to that of the petitioner herein. He hands over a

copy of the aforesaid judgment, which is taken on record.

2. Counsel for respondent No.1/University states that he has no

objection if the main writ petition is taken up for hearing today instead of

on the date already fixed in the matter, i.e., on 8.2.2012. It is conceded

that the facts of the case of the petitioner are almost identical to the facts

of the case of the appellant in LPA No.899/2011, except that in the

present case, the petitioner was not permitted to sit for the second year

third semester examinations, unlike in the aforesaid case.

3. Briefly stated, the facts of the case are that the petitioner is a

student of second year, third semester in the B.Tech. (Information

Technology) course of respondent No.2/college, which is affiliated to

respondent No.1/University. He was permitted to migrate to respondent

No.2/college, vide migration order dated 27.9.2010, wherein respondent

No.1/University had directed the petitioner to submit his marks sheets

with all the papers cleared within a period of 15 days so that his migration

could be finalized. The petitioner had informed respondent

No.1/University that a compartment examination, for which he had to

appear, would be held on 11.12.2010 and thereafter the result would be

declared on or before 13.12.2010. However, the results of the

compartment paper were declared on 16.12.2010 and the same were

communicated by the petitioner to respondent No.1/University on the

very same date. Thereafter, the petitioner requested respondent

No.1/University for issuance of a permanent enrolment number as also an

admit card to sit for the written examinations which were scheduled to

commence from 27.12.2010. However, respondent No.1/University failed

to do the aforesaid, because of which the present petition came to be filed

praying inter alia for directions to respondent No.1/University to issue a

permanent enrolment number and an admit card in favour of the

petitioner.

4. Notice was issued in the aforesaid petition on 4.1.2011. On

the said date, the petitioner had pointed out that he had already missed

out Third Semester End Term Examinations which had commenced on

27.12.2010. As a result, it was ordered that subject to the final outcome

of the petition and without creating any equities in favour of the

petitioner, he be permitted to take the remaining Third Semester

Examination papers conducted by respondent No.1/University, but his

result would not be declared. Vide order dated 21.2.2011, the request of

the counsel for the petitioner for permission to the petitioner to attend his

classes was allowed without prejudice to the rights and contentions of the

parties and without creating any equities in favour of the petitioner. As a

result, the petitioner continued attending the classes. On 20.5.2011, an

application was filed by the petitioner praying inter alia for directions to

respondents to issue an admit card in his favour to enable him to appear

in the internal as well as external examinations for the 4th Semester. The

said application was allowed and the respondents were directed to issue

an admit card to the petitioner to enable him to appear in the internal as

well as external examinations of 4th Semester while making it clear that

no special equity would flow in favour of the petitioner and that the

interim order would be subject to the final outcome of the writ petition.

5. Counsel for the petitioner states that another student similarly

situated as the petitioner, namely, Mr. Arpit Singh, had also filed a writ

petition seeking an identical relief, registered as WP(C)No.8765/2010

entitled "Arpit Singh vs. GGSIU & Anr.". The aforesaid writ petition was

dismissed, vide judgment dated 13.10.2011, on the ground that the

petitioner therein had concealed from the University the fact that he had

not cleared all his exams inasmuch as he had submitted his marks sheet

for migration, even when he was aware that he had a compartment exam

pending and that migration would be granted only on his having cleared

all the exams of the previous years. The aforesaid decision was

challenged in an intra court appeal, registered as LPA No.899/2011, which

was allowed on 24.11.2011, wherein the letter issued by the

respondent/University cancelling permission to the appellant therein for

his migration was set aside and he was permitted to continue with his

course.

6. Counsel for the petitioner relies on the aforesaid judgment to

contend that the petitioner is in a better position as compared to the

appellant in LPA No.899/2011 for the reason that there was no

concealment of facts on his part. He submits that the result of the

compartment examination of the petitioner ought to relate back to the

year in which the main examination was held, rather than the subsequent

year in which the compartment exam was held and on having cleared his

compartment examination, it ought to be held that the petitioner had

passed the main examination in the year in which it was originally held.

7. A perusal of the aforesaid judgment passed in the case of Arpit

Singh (supra), shows that the Division Bench examined various

judgments on this issue and finally concurred with the decision of another

Division Bench in the case of University of Delhi vs. Varun Kumar,

reported as 179 (2011) DLT 549 and held that once the compartment

examination was cleared, it could not have been said that the appellant

therein had not satisfied the criteria laid down for migration, i.e., clearing

of the exams of the previous years and hence he would be ineligible for

migration. The other consideration that weighed with the Division Bench

was the fact that if migration was not permitted, then the seat vacated by

the appellant therein would go abegging.

8. Guided by the aforesaid judgment of the Division Bench, the

present petition is also allowed on the same lines by holding that the

result of the compartment examination, which the petitioner had cleared,

would relate back to the year in which he had sat for the main

examination and thus, the migration certificate issued to the petitioner

shall be valid. Consequently, respondent No.1/University shall take

necessary steps to issue a permanent enrolment number to the petitioner

and his results in respect of his third semester examination and the fourth

semester examination, which are stated to be lying in a sealed cover,

shall be declared, under written intimation to him. It is further directed

that an admit card shall be issued to the petitioner and he shall be

permitted to sit for his second year third semester examination as and

when it is held by respondent No.1/University. In case the results of the

petitioner are favourable and he is eligible to sit in the fifth semester

examination, he shall be permitted to take the said examination.

9. As counsel for the petitioner states that the examinations of the

fifth semester are scheduled to commence from 19th December, 2011, the

petitioner is directed to approach the Controller of Examination tomorrow

itself, i.e., 10.12.2011 at 11.00 AM, for declaration of his previous results.

The petition is disposed of along with the pending application. The

date already fixed in the matter, as 8.2.2012 stands cancelled.

A copy of this order be given dasti to the counsels for the parties,

under the signatures of the Court Master.

HIMA KOHLI,J DECEMBER 09, 2011 sk