Citation : 2020 Latest Caselaw 2439 Del
Judgement Date : 19 August, 2020
SINDHU KRISHNAKUMAR
20.08.2020 22:53
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 19th August, 2020
+ W.P.(C) 3946/2020 & CM APPLs. 14163-65/2020, 14172/2020 &
18998/2020
ANUPAM & ORS. ..... Petitioners
Through: Mr. Akash Sinha, Mr. Shubham Saket
Mr. Indrajeet Singh and Mr. Gaurav
Prakash Shah, Advocates.
Mr. Shivankar Sharma, Advocate for
Intervenors.
versus
UNIVERSITY OF DELHI THROUGH ITS
REGISTRAR & ORS. ..... Respondents
Through: Mr. Sachin Datta, Senior Advocate with Mr. Mohinder Rupal and Mr. Hardik Rupal, Advocates for University of Delhi along with Professor Vinay Gupta, Dean (Examination), Dr. Ajay Arora, Grievance Officer in person.
Mr. Apoorv Kurup & Ms. Nidhi Mittal, Advocates for R-2/UGC.
Ms. Sunieta Ojha, Advocate for R-
3/UOI.
Professor S. C. Rai, Professor K. S.
Rao, Professor Kavita Sharma, Mr. B.
B. Gupta, Senior Advocate and Mr. Kamal Gupta, Advocate (Members of Grievance Redressal Committee).
CORAM:
JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral)
1. This hearing has been done by video conferencing.
2. The matter was listed today upon mentioning made by some members of the Grievance Redressal Committee (hereinafter, 'GRC') on 18th August
Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:20.08.2020 21:55 2020. Members of the GRC, Professor S. C. Rai, Professor K. S. Rao, Professor Kavita Sharma from University of Delhi (hereinafter, 'DU'), Mr. B. B. Gupta, ld. Senior Counsel and Mr. Kamal Gupta, ld. counsel have joined the hearing today. Professor Vinay Gupta, Dean (Examinations) and the Grievance Officer - Dr. Ajay Arora are also present. Submissions have been heard on behalf of the members of the GRC and DU as also the Petitioners.
3. The members of the GRC have placed on record the minutes of the meetings of the GRC held on 15th August, 2020 and 18th August, 2020. As per the minutes dated 15th August, 2020, the GRC has, inter alia, resolved as under:
i. That the GRC shall hold a meeting every day at 7:00 p.m. through a virtual meeting platform;
ii. The quorum for the meeting shall be three persons; iii. An email address has been created for the GRC being [email protected] A detailed chart was requested from the Grievance Officers of DU to be sent every two days. iv. All grievances that are rejected or otherwise decided against the student or that remain unresolved are to be referred to the GRC for their consideration keeping in mind the interest of students who are not present before the GRC.
v. The format in which Grievance Officers shall send the information was finalised.
vi. The Grievance Officers have to send the information in the tabular format as approved by the GRC by 3:00 p.m. on a daily basis.
vii. The data received by the GRC will be scrutinised and put up for
Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:20.08.2020 21:55 discussion in the meeting to be held every day, except on Sundays. viii. The data received from DU in respect of grievances and their resolution shall remain protected and secure; ix. The GRC shall have the discretion to seek the assistance of any official or member of DU.
x. If DU takes any policy decision applicable to all the students, the same shall also be informed to the GRC.
xi. One of the members of the GRC has been given the responsibility of handling the correspondence between the GRC and DU.
4. On 18th August, 2020 another meeting was held where it was agreed that the coordinator appointed by this Court i.e., Mr. Mohinder J.S. Rupal, ld. counsel would continue to coordinate with DU. The password of the GRC's e-mail ID has been shared with all the members so that they have access to the information received from the Grievance Officers. The members of the GRC have also created a group for ease of communication. Apart from the above, the main issue that was noticed was that sufficient number of persons were not available to assist the sole Grievance Officer as the number of grievance e-mails received were between 1,000 to 1,200. In view of the quantum of emails, the Grievance Officer has had difficulty dealing with the grievances on the one hand and also assisting the GRC on the other hand.
5. Considering the various issues that have been faced by the Grievance Officer and the GRC, after hearing all the parties, the following directions are issued:
i. All emails received from students, raising grievances or complaints, shall be dealt with by the Grievance Officer - Dr. Ajay Arora and the
Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:20.08.2020 21:55 team, which would work under him.
ii. The number of grievances are stated to be in the range of 1,000-1,200 emails every day, which are mostly in the nature of queries, clarifications etc., In order to reply to the said grievances/complaints of the students, it is agreed by Prof. Vinay Gupta that 6 additional staff members shall be provided by the DU to work under Dr. Ajay Arora.
iii. The Grievance Officer shall ensure that the replies to each of the emails of students would be specific in nature and deal with the issue raised by the students. Standardized and templated replies would not be sent.
iv. The first reply shall be issued within 48 hours of receipt of the email.
If any cross checking from any department/college/faculty would be required, the Grievance Officer would have a further period of 48 hours to resolve the issue after cross checking. v. If the grievance remains unresolved or if the student expresses any dissatisfaction or the Grievance Officer rejects any request of any student for any other reason, the reply shall specifically mention that the student has the option to approach the GRC. The email of the GRC has already been set up and is [email protected] vi. All unresolved grievances or complaints of students including those which are rejected shall be referred to the GRC on a daily basis. The GRC would, thereafter, deal with the said grievances of the students. vii. In the last 10 days, whatever grievances have remained unresolved/rejected - the entire trail of emails relating to the unresolved/rejected grievances, along with the responses given by the
Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:20.08.2020 21:55 Grievance Officer, shall be sent to the GRC by 3.00 p.m. tomorrow i.e., 20th August, 2020.
viii. The GRC has decided to hold meetings every day at 7.00 p.m. The unresolved and rejected grievances at this point have accumulated to about 25. The said emails shall be forwarded today itself at 3.00 p.m. and the GRC will deal with them today when it meets at 7.00 p.m. ix. On a daily basis, the Grievance Officer would send an email to the entire Committee giving the number of emails received and the number of replies sent so that the GRC has a fair assessment of the question as to whether the grievances are being replied to. The format of the e-mail to be sent by the Grievance Officer on a daily basis is attached as Annexure A.
x. Subject to the above modifications, the members of the GRC shall continue to function in the manner as has been agreed to in their Minutes dated 15th August, 2020 and 18th August, 2020.
6. Professor Vinay Gupta submits that the answer sheets, which are being sent by the students which are duplicated on the OBE portal, OBE email address and the faculty addresses are all being collected, the data is being checked and the complete answer sheets of the students shall be sent to the examiners. The process of sending the answer sheets to the examiners, as per Professor Gupta, is to start from tomorrow i.e., 20th August, 2020. The same shall be done in a timely manner so as to ensure that evaluation of the answer sheets takes place expeditiously.
7. List on 28th August, 2020 at 1.00 p.m.
PRATHIBA M. SINGH JUDGE AUGUST 19, 2020/dk/A
Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:20.08.2020 21:55 ANNEXURE A
DATE: _______
DAILY COMPILATION OF THE GRIEVANCES RECEIVED FROM THE STUDENTS IN RESPECT OF DU NLINE EXAMINATIONS 2020 BY GRIEVANCE OFFICERS Total Number of Total Number of Total Number of Grievances Received Grievances Grievances Resolved Rejected/Unresolved/Partly Resolved/Not dealt with within 48 hours of receipt
Total no. of grievances sent for cross Total no. of grievances checking resolved within 4 days of receipt
Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:20.08.2020 21:55
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