Vipin vs University Of Delhi & Ors.
2020 Latest Caselaw 3372 Del

                             $~23.
                             *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                             %                                        Decided on: 9th December, 2020

                             +      LPA No.372/2020 & C.Ms.No.31511/2020 (directions), 31512/2020
                                    (addl. docs.)

                                    VIPIN                                              ..... Appellant
                                                        Through: Mr.Abir          Phukan,     Adv.     with
                                                        Mr.Ashkrit Tiwari, Adv.

                                                 Versus

                                    UNIVERSITY OF DELHI & ORS.                  ..... Respondents
                                                  Through: Mr.Mohinder J.S.Rupal, Adv. with
                                                  Mr.Hardik Rupal, Adv. for Delhi University.

                                    CORAM:
                                    HON'BLE THE CHIEF JUSTICE
                                    HON'BLE MR. JUSTICE PRATEEK JALAN
                                                             JUDGMENT

: D.N.PATEL, Chief Justice (Oral)

Proceedings in the matter have been conducted through video conferencing.

1. Being aggrieved by and feeling dissatisfied with the orders dated 12 th November, 2020 and 26th November, 2020 passed by the learned Single Judge in W.P.(C) No.3049/2020, the present appeal has been preferred by the original petitioner.

2. Having heard the learned counsel for the parties and looking to the facts and circumstances of the case, it appears that W.P.(C) No.3049/2020 is

Signature Not Verified Digitally Signed By:PANKAJ KUMAR Location:

Signing Date:14.12.2020 20:14:56 pending before the learned Single Judge. The appellant had joined the LL.M. Course with the respondent University in the Academic Year 2014- 15 and to complete the said course, he has now to pass the examination of only one subject, i.e., Intellectual and Industrial Property Law-I. The maximum period allowed to clear all the papers of the LL.M. course of the respondent University is six years and the last attempt left with the appellant was therefore in December 2019.

3. It appears that the examination of the aforesaid paper was initially fixed on 28th December, 2019 and the appellant was to appear in the said examination, being his last remaining attempt to complete the said course. It appears from the facts of the case that respondent University pre-poned the date of the examination to 16th December, 2019. However, the intimation about the said pre-ponement was not given to the appellant either by e- mail, SMS or through any other mode. This is the bottleneck in the whole matter as, because of the pre-ponement of the date of examination of the aforesaid paper (Intellectual and Industrial Property Law-I), the appellant could not take the said examination, which would have been his last attempt to complete the LL.M. Course. This last attempt was missed by the appellant because of pre-ponement of the date of examination by the respondent University for which neither any e-mail, nor any SMS, nor any personal communication, was sent to him.

4. We, therefore, allow this appellant to appear in the examination of the paper, Intellectual and Industrial Property Law-I, which is now scheduled to be held by the respondent University on 23rd December, 2020. However, this permission to appear in the said examination would be subject to the

Signature Not Verified Digitally Signed By:PANKAJ KUMAR Location:

Signing Date:14.12.2020 20:14:56 outcome of W.P.(C) 3049/2020 pending before the learned Single Judge and without prejudice to the rights and contentions of the parties.

5. With these observations, this appeal is disposed of.

CHIEF JUSTICE

PRATEEK JALAN, J DECEMBER 09, 2020/'anb'

Signature Not Verified Digitally Signed By:PANKAJ KUMAR Location:

Signing Date:14.12.2020 20:14:56