Delhi High Court
Dr. Vijender Kumar vs University Of Delhi & Ors. on 20 July, 2020
SINDHU KRISHNAKUMAR
21.07.2020 22:37
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 20th July, 2020
+ W.P.(C) 4247/2020 & CM. APPLs. 15287-88/2020
DR. VIJENDER KUMAR ..... Petitioner
Through: Mr. Sarthak Maggon, Advocate.
versus
UNIVERSITY OF DELHI & ORS. ..... Respondents
Through: Ms. Shefali Vohra, Advocate for
GNCTD.
Mr. Mohinder J. S. Rupal and Mr.
Hardik Rupal, Advocates for
University of Delhi.
Dr. Vikrant Narayan Vasudeva, Mr.
Parv Ahluwalia and Mr. Sarthak
Chiller, Advocates for R-3/MAIDS.
Mr. T. Singhdev and Ms. Michelle B
Das, Advocates for R-4.
Mr. Apoorv Kurup and Ms. Nidhi
Mittal, Advocates for UGC/R-5.
Ms. Nidhi Raman, CGSC for R-
6/UOI.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done by video conferencing.
2. The present petition has been filed by nine students who are pursing
the Master of Dental Sciences (hereinafter, "MDS") Post Graduate
Programme at Respondent No.3 college i.e., the Maulana Azad Institute of
Dental Sciences (hereinafter, "MAIDS"). As per the Petitioners, students
who have passed the second year and are pursuing the third year of the MDS
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programme are to submit a thesis as part of their course curriculum. The
deadline for submission of the thesis, as per the amended ordinance of Delhi
University (hereinafter, "DU") relating to post graduate MDS courses, was
15th October, 2020, extendable up to two weeks. However, the Petitioners
were recently informed of the fact that they have to submit their thesis by
30th June, 2020, extendable up to 31st July, 2020 with late fee.
3. Ld. counsel for the Petitioners submits that the applicable Ordinance
was amended on 20-21st July, 2019, which amendment was notified on the
website of DU on 18th October, 2019. As per the said amended Ordinance,
the deadline for submission of thesis is 15th October, 2020, extendable up to
two weeks. Thus, it is the case of the Petitioners that the notice for
submission of thesis by 30th June 2020, extendable by one month to 31st July
2020 with late fee is completely arbitrary as students were not informed of
the advancement of the date for submission in time. Further grounds have
been raised that fixing such a deadline for submission of a thesis at such
short notice especially during a pandemic has created panic amongst the
students.
4. This matter was listed on 17th July, 2020, on which date ld. counsels
for DU and MAIDS sought time to place on record certain documents.
Accordingly, the matter was adjourned for today. Both counsels have placed
on record compilations of documents which have been considered by this
Court.
5. Mr. Mohinder Rupal, ld. counsel appearing for DU submits that DU
had originally fixed the date for submission of thesis as April, 2020 which is
clear from a reading of email dated 20th April, 2020 sent to all the colleges.
The receipt of this email is also admitted by MAIDS. Mr. Rupal then
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submits that the Executive Council had met on 20-21st July, 2019 and
amended the deadline for submission of thesis to 15th October, 2020,
however, the same was to be subject to the approval of the Board of
Research Studies (hereinafter, "BRS"). Any amendment to these
ordinances, especially for post-graduate studies, has to be approved by the
BRS, which, according to him, is clear from a reading of Clause 15.1 of the
Ordinance of the University Relating to Post Graduate (MDS) Courses as
per which the stipulated time frame for the thesis would be decided by the
BRS. Ld. counsel further submits that even Appendix-III to the amended
Ordinance, which specifies the date for submission of the thesis as 15th
October, 2020 and the date for submission of the thesis protocols as 30th
October, 2020, is with the caveat that the same would be subject to change
on the recommendation of the BRS.
6. Mr. Rupal further submits that after the Ordinance was amended on
20-21st July, 2019 the BRS had met on 16th September, 2019 and in the said
meeting, where Professor Sabita Mishra from the Maulana Azad Medical
College (hereinafter, "MAMC") was also present, it was decided by the
BRS that the date of thesis submission would be 30th April, 2020. Ld.
counsel thus submits that the BRS had not approved of the extension of the
thesis submission till 30th October, 2020 and hence, the original date of 30th
April, 2020 holds good. Ld. counsel also relies upon the e-mail dated 18th
April, 2020 which was sent to all colleges wherein it has been mentioned
that the original deadline was 30th April, 2020, however, the same has been
extended to 30th June, 2020 and 31st July, 2020 with payment of late fee.
Finally, he relies upon the Bulletin of Information issued by DU to argue
that as far as students are concerned, the date was always known to the
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students as 30th April, 2020. Thus, the extended deadline of 30th October,
2020 was never intimated to the students as the BRS had not approved it. It
is also urged that the rules which were applicable to the 2018 batch would
continue to apply to them and the amendment to the ordinance in 2019
would not affect the students of the 2018 batch.
7. On behalf of MAIDS, Dr. Vikrant Narayan Vasudeva, ld. counsel
submits that the two institutions, MAMC and MAIDS, are distinct and
autonomous institutions. MAMC is the medical college and MAIDS is the
Maulana Azad Institute of Dental Sciences. On 2nd August, 2019, MAIDS
received a communication from DU that the date for submission of the
thesis is 30th April, 2020. However, the Ordinance was thereafter amended
and it was clearly specified that the date for submission of thesis would be
15th October, 2020. Ld. counsel further submits that more confusion was
caused by an e-mail which was received on 29th June, 2020 attaching
therewith the old ordinance with the submission date as 30th April, 2020.
Thereafter, MAIDS has been in continuous correspondence with DU
seeking a clarification as to whether the amended Ordinance would apply or
not. Ld. counsel submits that it was only on 4th July, 2020 that the
clarification was received pursuant to which it issued communications to the
students on 4th July, 2020 and 6th July, 2020 asking them to submit the thesis
by 30th June, 2020, extendable up to 31st July, 2020 with payment of late fee.
These communications have been challenged in the present writ petition.
Further, Mr. Vasudeva relies upon the Regulations of the Dental Council of
India (hereinafter, "DCI") to submit that the thesis would have to be
submitted six months before the conclusion of the course and hence the 15th
October, 2020 deadline is as per the DCI's regulations.
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8. Various submissions have been made by Mr. Maggon, ld. Counsel for
the Petitioners, to the effect that the BRS has no power to amend the
resolution of the Executive Council. It is also submitted that while the
amended ordinance was notified on 18th October, 2019, the BRS minutes
have not been notified on the website of DU. The Petitioners go to the extent
of arguing that the BRS minutes are fabricated and that the BRS could not
have been constituted without the presence of MAIDS.
9. This Court has considered the submissions of the parties i.e., MAIDS,
DU and the Petitioners. There are various aspects which arise for consideration
by this Court:
(i) What is the effect of the Executive Council's decision dated 20-21st July
2019 amending the Ordinance in respect of the MDS course?
(ii) Whether the said amendment, in respect of the timeline for submission
was subject to approval of the BRS?
(iii) What is the role of the BRS i.e., whether the BRS's role is only confined
to the approval of the Thesis protocol or even the timelines?
(iv) Whether the amendment of the Ordinance and thereafter the Minutes of
Meeting of the BRS dated 16th September, 2019 were intimated by DU to
MAIDS?
(v) Whether MAIDS had notified its students of the Executive Council's
amendment in the Ordinance dated 20-21st July 2019?
(vi) Whether MAIDS had notified its students of the Minutes of Meeting of
the BRS dated 16th September, 2019?
10. A perusal of the decision of the EC dated 20 - 21st July 2019 shows
that the Executive Council had clearly changed the deadline for submission
of the thesis - may be, to bring the same in line with the Regulations of the
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DCI. The relevant extract of the said resolution and Appendix III reads:
"15.2 Thesis submission Dates:
MDS Courses - 15th Oct (during 3rd year of the
course)
15.3 No extension of time shall ordinarily be
granted for submitting the thesis-protocol/thesis
beyond the last date stipulated for the purpose.
The BRS may allow submission of the thesis-
protocol/thesis beyond the last date for genuine
reasons on recommendations of Head of the
institution. In case of such late submissions a
maximum of 2 weeks time would be granted with
late submission fee of 1000/- per week."
"*SUBMISSION OF THESIS PROTOCOL AND
THESIS FOR MDS COURSES TO THE
FACILITY OF MEDICAL SCIENCES
Course Thesis Protocols Thesis
submission submission
(a) MDS (a) 30th October of 15th
the 1st year of the October
course (of the 3rd
year of the
course)
*Subject to change on recommendation of the
Board of Research Studies (BRS).
The Protocols will be reviewed by the Head of the
Departments within four weeks after receipt of the
protocols by the Faculty of Medical Sciences. Any
Comments/revision of protocols, if necessary
should be communicated by the HOD Faculty of
Medical Sciences to the candidate and the
Institution within four weeks of submission of the
protocols. The revised Thesis protocol should be
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received not later than eight weeks from the actual
date of submission (i.e. 30th October for MDS
courses). The BRS should consider the protocols
by 15th January and communicate the approval to
the Institution and candidates.
Any request by candidate for revision in the thesis-
protocol after approved by BRS should have
recommendations of the institution and should be
received in office of Faculty of Medical Sciences
within 2 months of BRS meeting in which protocol
was approved. The Chairman BRS, in
consultation with concerned HOD, would take a
decision in the matter. In case of dispute, the
Chairman may place the matter before an
emergent meeting of BRS."
11. The above resolution was notified by DU on 18th October, 2019. The
same is stated to be available on the official website of DU. Thereafter, the
BRS met on 16th September, 2019 and recorded the following in its Minutes
of Meeting:
Item The BRS considered the schedule of
No.10 submission of thesis protocol and thesis for
MD/MS/MDS and Super Specialty courses to
the Faculty of Medical Sciences:
Course Thesis Thesis
Protocols submission
submission
(a) MD/MS/MDS (a) 30th (a) 30th
October of the April (at
1st year of the the end of
(b) The (MD/MS) course 2nd year of
Students who (b) 1st the course)
have already September of (b) First
done Diploma in the 1st year of week of
Same subjects the course October in
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the 2nd year
of the
course
Super Specialty 30th 30th
course (where November of November
applicable) the first year (beginning
of the course of the 3rd
year of the
course)
17.3 No extension of time shall ordinarily be
granted for submitting the thesis-protocol/thesis
beyond the last date stipulated for the purpose.
The BRS may allow submission of the thesis-
protocol/thesis beyond the last date for genuine
reasons on recommendations of Head of the
institution.
Extension of thesis submission for MD/MS/MDS
beyond 30th April may be granted to a
maximum of one month with late submission fee
for Rs. 1000/- per week. For Super speciality
courses where applicable, submission of Thesis
beyond 30th November may be granted to a
maximum of one month with late submission fee
of Rs. 1000/- per week.
In case of such late submission, of thesis beyond
one month the student shall not be allowed to
appear in the final examination at the end of
normal duration of the course. He/ she may be
allowed to appear in supplementary or
subsequent examinations at least six months
after submission of the thesis, subject to
approval of thesis. No relaxation will be granted
in this regard.
The Protocols will be reviewed by the Head of
the Departments within four weeks after receipt
of the protocols by the Faculty of Medical
Sciences. Any Comments/revision of protocols,
if necessary should be communicated by the
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HOD Faculty of Medical Sciences to the
candidate and the Institution within four weeks
of submission of the protocols. The revised
Thesis protocol should be received not later
than eight weeks from the actual date of
submission (i.e. 30th October for MD/MS/MDS
and 30th November for Super specialty
courses). The BRS should consider the protocols
by 15th January for MD/MS/MDS courses and
15th February for Super Specialty courses and
communicate the approval to the Institution and
candidates.
Any request by candidate for revision in the
thesis-protocol after approved by BRS should
have recommendations of the institutions and
should be received in office of Faculty of
Medical Sciences within 2 months of BRS
meeting in which protocol was approved. The
Chairman BRS, in consultation with concerned
HOD, would take a decision in the matter. In
case of dispute, the Chairman may place the
matter before an emerging meeting of BRS.
The BRS after examining the provisions of the
PG Ordinance and discussion resolved that the
existing regulations continue. The faculty must
get protocol review process furnished as per
existing guidelines.
This meeting is stated to have been attended by the Principal of MAMC and
not MAIDS. At this stage, there is no clarity amongst either DU or MAIDS
as to whether the Minutes of Meeting of the BRS were uploaded on the
website or communicated to the respective colleges and students.
12. A reading of clause 15.1 along with Appendix III does not give any
clarity as to whether the change of deadline to 15 th October 2020 is subject
to approval by the BRS. Clearly, in the hierarchy the Executive Council is
above the BRS. Moreover, the use of the asterisk and the note below has
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caused enormous ambiguity. Whether the BRS could have amended the
timeline is itself doubtful. At this stage, a prima facie reading of the above
documents shows that the scope of the BRS was to approve the Thesis
Protocol. If the BRS did not approve of the extension till 15th October 2020,
then there ought to have been a discussion on the same, which is clearly
absent in its Minutes of Meeting dated 16th September, 2019. There is also
no document placed on record to show that DU had communicated the
Minutes of Meeting of the BRS to MAIDS for onward communication to the
students.
13. The argument that the amendment in the timeline by the Executive
Council is not applicable is also not a tenable argument in as much as DU
itself has written an email annexing the old Ordinance and thereafter
extended the time till 30th June 2020 extendable to 31st July 2020 with late
fee.
14. Thus, insofar as the authorities are concerned, there is enormous
confusion which has prevailed due to the amendment in the Ordinance. The
question as to whether the Executive Council's decision can be changed by
the BRS and as to whether the BRS's minutes are genuine or not cannot be
adjudicated at this stage without the pleadings of the parties. Mr. Rupal
submits that there is also no allegation in the writ petition that the BRS's
minutes are fabricated. The allegation that the BRS's minutes are fabricated
is a very serious allegation which cannot be gone into at this stage by the
Court.
15. Insofar as this Court is concerned, the three authorities which
prescribe the requirements for completion of the MDS course would be DCI,
DU and MAIDS. A perusal of the documents which have been placed on
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record shows that:
i. There is no clarity as to whether the original Bulletin of
Information was amended by MAIDS or any circular was issued to
students notifying the amended date as 15th October, 2020
extendable by two weeks;
ii. There is also no clarity as to whether the Executive Council's
decision to extend the time limit for submission of the thesis could
have been changed by the BRS and if so whether the Minutes of
Meeting dated 16th September 2019 have been notified to MAIDS;
iii. There is no doubt that MAIDS and MAMC are two separate
institutions and MAIDS did not participate in the meeting of the
BRS.
iv. MAIDS has not placed on record any circular where the students
have been notified of the original date, the subsequent change in
the ordinance and the extension of time till 30th June, 2020
extendable up to 31st July, 2020 with late fees.
16. Mr. Mohinder Rupal, submits that there is no amendment to the
Bulletin of Information and students have to abide by the same. But the
issue is not so simple as the Ordinance of DU was amended. If the said
amendment was to apply to prospective batches only, the same ought to
have been made clear to the institutions and to students.
17. MAIDS has not placed any document to show -
a) that the students were informed that the original date for submission
i.e., 30th April, 2020 was changed to 15th October, 2020;
b) that the students were informed that the date of 15th October, 2020
was again changed to 30th April, 2020; and
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c) that the date of 30th April, 2019 was once again changed to 30th June,
2020 extendable up to 31st July, 2020 with payment of late fee.
18. Neither DU nor MAIDS have been able to place on record proper
documents to establish as to when the colleges and students were notified of
the various changes in deadlines for submission of thesis. Thus, one thing is
clear that the last date for submission of thesis has been muddled up and
confusion has been created in the minds of students. Mr. Mohinder Rupal
submits that MAIDS is a non-COVID hospital. Ld. counsel for the Petitioner
- Mr. Sarthak Maggon submits that four out of the nine Petitioners are on
COVID duty. Insofar as the students who have approached this Court are
concerned, considering the lockdown and the stress on all medical colleges
and institutions and also considering that the original Executive Council's
amendment had extended the time till 15th October, 2020, this Court is
inclined to grant extension of time for submission of thesis till 30th
September, 2020. The same shall however be subject to payment of late fee
of Rs.5,000/-. Those Petitioners who are capable of submitting their thesis
by 31st July, 2020 would be permitted to do so without any late fee payment.
The payment of late fee shall be subject to further orders of this Court.
19. The above order is being passed in the interest of third year MAIDS
students who have approached this Court for relief. Considering that there is
enormous mis-communication between the authorities and the circulars were
not adequately circulated amongst the students, this relief is being granted at
the prima facie stage. The same shall not be considered as an opinion on
merits either regarding the powers of the Executive Council and the BRS or
as to the genuinity and validity of the BRS minutes, which issues shall be
considered at the stage of final adjudication of the writ petition.
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20. Let the counter affidavit be filled within four weeks. Reply to the
counter affidavit be filed within two weeks thereafter.
21. List on 9th September, 2020.
PRATHIBA M. SINGH
JUDGE
JULY 20, 2020
dj/T
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