Delhi High Court
Special Art School vs Guru Gobind Singh Indraprastha ... on 24 September, 2014
Author: Manmohan
#23, 26 to 30, 33 to 35
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
23.
+ W.P.(C) 6439/2014 & CM APPL. 15446/2014
SPECIAL ART SCHOOL ..... Petitioner
Through Mr. Sanjay Sharawat with Mr. Ratish
Kumar, Advocates
versus
GURU GOBIND SINGH INDRAPRASTHA
UNIVERSITY ..... Respondent
Through Mr. Parag P. Tripathi and Mr. Ravi
Sikri, Senior Advocates with
Mr. Mukul Talwar, Mr. Shradhnanda
Mohapatra, Mr. Vipin Singh,
Ms. Mahima Gupta, Ms. Sumedha
Dang, Advocates
WITH
26.
+ W.P.(C) 6518/2014 & CM APPL. 15554/2014
ANURADHA & ORS ..... Petitioners
Through Mr. Sanjay Sharawat with Mr. Ratish
Kumar, Advocates
versus
GURU GOBIND SINGH INDRAPRASTHA
UNIVERSITY ..... Respondent
Through Mr. Parag P. Tripathi and Mr. Ravi
Sikri, Senior Advocates with
Mr. Mukul Talwar, Mr. Shradhnanda
Mohapatra, Mr. Vipin Singh,
Ms. Mahima Gupta, Ms. Sumedha
Dang, Advocates
W.P.(C) 6439/2014 & ors. Page 1 of 8
AND
27.
+ W.P.(C) 6519/2014 & CM APPL. 15555/2014
KAJAL MITTAL & ORS ..... Petitioners
Through Mr. Sanjay Sharawat with Mr. Ratish
Kumar, Advocates
versus
GURU GOBIND SINGH INDRAPRASTHA
UNIVERSITY ..... Respondent
Through Mr. Parag P. Tripathi and Mr. Ravi
Sikri, Senior Advocates with
Mr. Mukul Talwar, Mr. Shradhnanda
Mohapatra, Mr. Vipin Singh,
Ms. Mahima Gupta, Ms. Sumedha
Dang, Advocates
AND
28.
+ W.P.(C) 6520/2014 & CM APPL. 15556/2014
TECNIA INSTITUTE OF
ADVANCED STUDIES ..... Petitioner
Through Mr. Sanjay Sharawat with Mr. Ratish
Kumar, Advocates
versus
GURU GOBIND SINGH INDRAPRASTHA
UNIVERSITY ..... Respondent
Through Mr. Parag P. Tripathi and Mr. Ravi
Sikri, Senior Advocates with
Mr. Mukul Talwar, Mr. Shradhnanda
Mohapatra, Mr. Vipin Singh,
Ms. Mahima Gupta, Ms. Sumedha
Dang, Advocates
W.P.(C) 6439/2014 & ors. Page 2 of 8
AND
29.
+ W.P.(C) 6521/2014 & CM APPLs. 15557-15558/2014
TANUJ GUPTA & ORS. ..... Petitioners
Through Mr. A.S. Chandhiok, Senior Advocate
with Mr. R.K. Saini, Mr. Ritesh
Kumar, Ms. Mallika Ahluwalia and
Ms. Shagoon Gupta, Advocates
versus
GURU GOBIND SINGH INDRAPRASTHA
UNIVERSITY & ANR. ..... Respondents
Through Mr. Parag P. Tripathi and Mr. Ravi
Sikri, Senior Advocates with
Mr. Mukul Talwar, Mr. Shradhnanda
Mohapatra, Mr. Vipin Singh,
Ms. Mahima Gupta, Ms. Sumedha
Dang, Advocates
AND
30.
+ W.P.(C) 6522/2014 & CM APPL. 15559/2014
RUCHIKA ARORA & ORS ..... Petitioners
Through Mr. Sanjay Sharawat with Mr. Ratish
Kumar, Advocates
versus
GURU GOBIND SINGH INDRAPRASTHA
UNIVERSITY ..... Respondent
Through Mr. Parag P. Tripathi and Mr. Ravi
Sikri, Senior Advocates with
Mr. Mukul Talwar, Mr. Shradhnanda
Mohapatra, Mr. Vipin Singh,
W.P.(C) 6439/2014 & ors. Page 3 of 8
Ms. Mahima Gupta, Ms. Sumedha
Dang, Advocates
AND
33.
+ W.P.(C) 6556/2014 & CM APPLs. 15624-15625/2014
PANKAJ GULLIAYA & ORS ..... Petitioners
Through Ms. Asha Madan Jain, Advocate
versus
GURU GOBIND SINGH INDRAPRASTHA
UNVERSITY & ANR ..... Respondents
Through Mr. Parag P. Tripathi and Mr. Ravi
Sikri, Senior Advocates with
Mr. Mukul Talwar, Mr. Shradhnanda
Mohapatra, Mr. Vipin Singh,
Ms. Mahima Gupta, Ms. Sumedha
Dang, Advocates
AND
34.
+ W.P.(C) 6557/2014 & CM APPLs. 15626-15627/2014
SHIVANK RANA & ORS. ..... Petitioners
Through Mr. A.S. Chandhiok, Senior Advocate
with Mr. R.K. Saini, Mr. Ritesh
Kumar, Ms. Mallika Ahluwalia and
Ms. Shagoon Gupta, Advocates
versus
GURU GOBIND SINGH INDRAPRASTHA
UNIVERSTIY & ANR. ..... Respondents
Through Mr. Parag P. Tripathi and Mr. Ravi
Sikri, Senior Advocates with
Mr. Mukul Talwar, Mr. Shradhnanda
W.P.(C) 6439/2014 & ors. Page 4 of 8
Mohapatra, Mr. Vipin Singh,
Ms. Mahima Gupta, Ms. Sumedha
Dang, Advocates
AND
35.
+ W.P.(C) 6558/2014 & CM APPL. 15628/2014
VARAD CHOUDHARY ..... Petitioner
Through Mr. A.S. Chandhiok, Senior Advocate
with Mr. R.K. Saini, Mr. Ritesh
Kumar, Ms. Mallika Ahluwalia and
Ms. Shagoon Gupta, Advocates
versus
GURU GOBIND SINGH INDRAPRASTHA
UNIVERSTIY & ANR. ..... Respondents
Through Mr. Parag P. Tripathi and Mr. Ravi
Sikri, Senior Advocates with
Mr. Mukul Talwar, Mr. Shradhnanda
Mohapatra, Mr. Vipin Singh,
Ms. Mahima Gupta, Ms. Sumedha
Dang, Advocates
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
ORDER
% 24.09.2014
Present batch of writ petitions has been filed challenging primarily
respondent-University's statement before the Supreme Court that it had
decided to withdraw the Notification dated 28th August, 2014 which
provided for special round of online counselling for ten courses.
Mr. A.S. Chandiok, learned senior counsel, learned senior counsel for
petitioners submits that respondent-University must take a decision in
accordance with Paragraph 6(xii) of Part C of the Admission Brochure
2014-15 as there are more than 7,000 vacant seats. Paragraph 6(xii) of Part
C of the Admission Brochure 2014-15 reads as under:-
"6. PROCEDURE FOR ADMISSION THROUGH SECOND
COUNSELLING (for offline counselling) :-
xxxx xxxx xxxx xxxx
(xii) If any vacancy(ies) arises after second counselling due to
any reason, the same shall be filled up as per the
directives/instructions of the Hon'ble Court(s)/decision
of the University."
It is pertinent to mention that respondent-University on 28th August,
2014 had issued a Notification permitting special round of online
counselling for Academic Year 2014-15. The same was challenged by the
Association of Self Financing Institutions (Regd.) by way of a writ petition
being W.P.(C) 5696/2014 primarily on the ground that the aforesaid
Notification was in violation of time schedule prescribed by the Supreme
Court in Parshvanath Charitable Trust & Others Vs. AICTE & Others,
(2013) 3 SCC 385.
On the first date of hearing, this Court had issued notice but had not
granted any interim relief. Upon an appeal, i.e., LPA No. 576/2014 being
filed, the Division Bench directed that admission in courses/programmes
which were governed by the judgment of the Supreme Court shall be subject
to the outcome of the application/petition to be filed by respondent-
University before the Supreme Court seeking extension/variation of the time
schedule for admission to the Academic Year 2014-15.
Upon SLP (C) 24442/2014 being filed against the aforesaid Division
Bench's judgment, the Supreme Court on 8th September, 2014 passed the
following order:-
"Issue notice.
Ms. Asha Jain Madan, Advocate for the respondent, on
caveat, has entered appearance and accepts notice.
We have been apprised, in the course of hearing of this
petition for the purposes of admission, that the University has
issued a notification dated 28.08.2014, which is prior to the
order passed by the High Court. The said notification, as
submitted by Mr. Sibal, is likely to affect the schedule fixed by
this Court for AICTE and other statutory authorities like,
NCTE, etc. It is also urged at the Bar by virtue of this
notification being worked out, the students who have been
admitted to a particular course, may be dislodged or try their
option for other courses as a consequence of which the
educational institutions would likely to face a hazard. Be that
as it may, Mr. Maninder Singh, learned ASG shall explain the
impact and effect of the notification issued on 28.08.2014.
As an ad interim measure, it is directed there shall be
stay of operation of the order dated 3.09.2014 passed by the
High Court of Delhi at New Delhi in LPA No. 576/2014 and the
Notification referred to hereinabove.
List on 12.09.2014."
(emphasis supplied)
Consequently, as a result of the stay order, the ongoing counselling
being conducted by respondent-University in pursuance to the Notification
dated 28th August, 2014 came to a halt.
On 17th September, 2014, learned ASG appearing for respondent-
University stated before the Supreme Court that the University had taken a
decision to withdraw the Notification dated 28th August, 2014.
In view of the aforesaid statement, the Supreme Court set aside the
order passed in LPA No. 576/2014 by the Division Bench and the writ
petition being W.P.(C) 5696/2014 was directed to have been disposed of.
Since the present writ petitions have been filed challenging the
statement made before the Supreme Court withdrawing the Notification
dated 28th August, 2014, this Court directs the petitioners to first obtain
leave from the Supreme Court to challenge the statement made by learned
ASG before the Supreme Court on 17th September, 2014 by virtue of which
the Notification dated 28th August, 2014 was withdrawn.
List on 29th September, 2014.
Order dasti.
MANMOHAN, J
SEPTEMBER 24, 2014
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