Saurabh Tripathi vs University Of Delhi & Anr
2012 Latest Caselaw 7262 Del

*IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Date of decision: 18th December, 2012

+                               LPA No.819/2012

       SAURABH TRIPATHI                               ..... Appellant
                   Through:           Mr. Abhay Mani Tripathi, Adv.

                                   Versus

    UNIVERSITY OF DELHI & ANR.             ..... Respondents

Through: Ms. Maninder Acharya & Mr. Varun Gupta, Advs.

CORAM :-

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

RAJIV SAHAI ENDLAW, J

1. This intra-court appeal impugns the interim order dated 11.12.2012 of

the learned Single Judge in W.P.(C) No.7700/2012 preferred by the

appellant. The said writ petition has been filed by the appellant impugning

the Notification dated 10.10.2012 of the respondent University doing away

with the practice earlier prevalent, of grant of 'Special Chance' beyond the

'span period' for various courses, i.e. the maximum period in which a course

offered by the respondent University is to be completed. As per the earlier

practice, the Standing Committee (Students) of the Academic Council of the

respondent University and the Vice Chancellor used to, entertain

applications of the students who had been unable to complete their courses

even within the span period, for taking the examination beyond the said

period, and on being satisfied with the explanation given, grant a chance to

appear in the examination beyond the span period.

2. Besides the appellant, several other students also had filed writ

petitions impugning the said Notification dated 10.10.2012 and the same

learned Single Judge who has passed the order dated 11.12.2012 impugned

in this appeal, had vide interim orders in those writ petitions permitted the

students to still apply for the said 'Special Chance' and directed the Standing

Committee (Students) of the Academic Council and the Vice Chancellor of

the University to, if satisfied grant such 'Special Chance' to the students for

appearing in the examination. The reason which prevailed with the learned

Single Judge for granting the said interim relief was that the said

Notification dated 10.10.2012 doing away with the past prevalent practice

had taken the students by surprise. However, the learned Single Judge had

clarified that no special equities will flow in favour of the students from

being so allowed under the interim arrangement to take examination and the

learned Single Judge had further directed the result of the examination to be

kept in a sealed cover.

3. We may mention that the University had preferred LPA No.787/2012

against such interim orders granted by the learned Single Judge. The said

LPA was dismissed by us on 03.12.2012 observing that it was not as if the

learned Single Judge had directed the students to take the examination; the

decision, whether in the facts pleaded by each of such students, 'Special

Chance' deserved to be granted had been left to the authorities of the

University who also had the discretion to refuse the same.

4. The appellant herein sought the interim relief pleading that the

respondent University had been rejecting applications for 'Special Chance'

moved by the other students in pursuance to the order aforesaid of the

learned Single Judge and thus seeking the interim relief of a direction to

allow the appellant to appear in the examination, even beyond the span

period.

5. The learned Single Judge vide the impugned order directed the

appellant to also approach the University in accordance with the interim

directions in the other similar petitions and further directed the University to

consider the request sympathetically keeping in view the facts pleaded by

the appellant. The respondent University was also directed to inform the

outcome of the request to the appellant by 18.12.2012 i.e. today.

6. The counsel for the respondent University appears on advance notice

and states that she as of now has no instructions as to the outcome on the

request of the appellant.

7. The counsel for the appellant has on the contrary sought an interim

direction from us, permitting the appellant to appear in the examination.

8. We do not see any reason to interfere with the interim relief granted

by the learned Single Judge in all such petitions and which interim order as

aforesaid has been upheld by us in appeal.

9. We may mention that the Notification dated 10.10.2012 impugning

which the writ petition from which this appeal arises has been filed, only did

away with the practice earlier prevalent of 'Special Chance' beyond the span

period being granted in deserving cases. Even prior to the said Notification

dated 10.10.2012, no student, beyond the span period could take the

examination as a matter of right. The decision whether a Special Chance

ought to be given or not was vested in the Standing Committee (Students) of

the Academic Council and the Vice Chancellor of the respondent University.

The interim order of the learned Single Judge places the appellant in the

same position as he would have been had the Notification dated 10.10.2012

been not issued. What the appellant now wants is a right better than he had

prior to the Notification dated 10.10.2012. Prior to the said Notification, the

appellant, as aforesaid, had a right only to apply for a 'Special Chance' and

decision whereon vested in the highest authorities of the respondent

University being the Standing Committee (Students) of the Academic

Council of the respondent University and the Vice Chancellor of the

respondent University. If the said authorities of the respondent University

do not find the appellant deserving of a 'Special Chance', without even their

decision being before us, no case for the Court granting 'Special Chance' to

the appellant arises. The interim relief claimed is clearly beyond the scope

of the writ petition also.

10. There is thus no merit in this appeal which is dismissed.

No costs.

RAJIV SAHAI ENDLAW, J

CHIEF JUSTICE DECEMBER 18, 2012 'gsr'