Mr Gupta vs University Of Delhi And Ors
2011 Latest Caselaw 752 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      W.P.(C) 7248/2010

       MR GUPTA                                     ..... Petitioner
                             Through   Mr. Saurabh Prakash, Advocate.

                    versus

       UNIVERSITY OF DELHI AND ORS          .... Respondent
                     Through  Mr. V.P. Singh, Sr. Advocate with
                              Mr. MJS Rupal, Advocate for R-1
                              & 2.
                              Mr. V.K. Rao, Sr. Advocate with
                              Mr. Saket Sikri, Advocate for R-3
                              to 6.
                              Mr. A.P.S. Ahluwalia, Sr. Advocate
                              with Mr. S.S. Ahluwalia, Advocate
                              for R-11.
                              Mr. Mayank Manish, Advocate for
                              UGC.
                              Mr. Yashish Chandra, Advocate for
                              R-14 & 15.
                              Ms. Beenashaw Soni, Advocate for
                              R-16.
                              Mr. Anurag Mathur, Advocate for
                              Shivaji College.
                              Mr. Rajinder Dhawan, Advocate for
                              Aurbindo College.

       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE SANJIV KHANNA

                              ORDER

% 08.02.2011

Heard Mr. Saurabh Prakash, learned counsel for the petitioner and

Mr. V.P. Singh, Mr. V.K. Rao, learned senior counsel, Mr. MJS Rupal,

Mr. Saket Sikri, Mr. A.P.S. Ahluwalia, Mr. S.S. Ahluwalia, Mr. Mayank

Manish, Mr. Yashish Chandra, Ms. Beenashaw Soni, Mr. Anurag Mathur

and Mr. Rajinder Dhawan, learned counsel for the respondents. Learned

counsel appearing for all the parties stated that by virtue of the orders

passed on 15th November, 2010 and 24th November, 2010, nothing

survives in this writ petition and the directions given therein have to be

treated final for all purposes.

2. We may note with profit that Mr. V.K. Rao, learned senior counsel

had on earlier occasion fairly stated that the respondents would take

recourse to legal mode assailing the order or the decision introducing the

semester system in Delhi University and till there is an order of stay or

injunction by this Court in this writ petition, they shall teach in the

semester mode. Thus, it is quite vivid that the aforesaid two orders shall be

treated final for all purposes. The teachers teaching in the University or the

affiliated colleges shall not go on strike and impart education in the

semester system.

3. We may hasten to clarify the Delhi University Teachers Association

has approached this Court challenging the decision of the University in

W.P.(C) 822/2011 wherein this Court has issued notice and fixed a date

for final hearing. Decision of the University qua semester mode shall be

debated in the said writ petition, as in this writ petition the said issue was

not addressed and leave was granted. Thus, nothing remains to be

adjudicated in the present writ petition.

4. The writ petition is accordingly disposed of. No order as to costs.

CHIEF JUSTICE

SANJIV KHANNA, J.

FEBRUARY 08, 2011 NA