Delhi High Court
Anupam & Ors. vs University Of Delhi Through Its ... on 27 July, 2020
SINDHU KRISHNAKUMAR
27.07.2020 23:00
$~18 & 20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 27th July, 2020
+ W.P.(C) 3946/2020
ANUPAM & ORS. ..... Petitioner
Through: Mr. Akash Sinha, Mr. Shubham
Saket, Ms. Kanika Roy, 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
R1/University of Delhi along with
Mr. Sanjeev Singh, Joint Director,
DUCC & Mr. Vinay Gupta, Dean
(Examination)
Mr. Dinesh Tyagi, CEO, CSC
Academy.
Mr. Apoorv Kurup, Ms. Nidhi Mittal
& Ms. Upama Bhattacharjee,
Advocates for UGC.
Ms. Sunieta Ojha, CGSC for UOI.
20 AND
+ W.P.(C) 4577/2020
MANDEEP SINGH & ORS. ..... Petitioner
Through: Mr. Harpreet Singh Hora and Mr.
Rakesh Mittal, Advocates.
versus
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH W.P.(C) 3946/2020 & W.P.(C) 4577/2020 Page 1 of 5
Signing Date:27.07.2020 21:36
UNIVERSITY OF DELHI & ORS ..... Respondents
Through: Mr. Sachin Datta, Senior Advocate
with Mr. Mohinder Rupal and Mr.
Hardik Rupal, Advocates for
R1/University of Delhi.
Mr. Avnish Singh, Sr. Panel Counsel
for Respondent-3/UOI
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 27.07.2020
1. This hearing has been held through video conferencing.
W.P(C) 3946/2020 & CM APPLS. 14163/2020, 14164/2020, 14165/2020,
14172/2020
2. Further to the previous order, Mr. Dinesh Tyagi, CEO of CSC
Academy, Prof. Vinay Gupta, Dean of Examinations, University of Delhi
(hereinafter, 'DU') and Mr. Sanjeev Singh, Joint Director, DUCC have
appeared before the Court.
3. Prof. Gupta and Mr. Sanjeev Singh have confirmed that the measures
as recorded in the previous orders shall be taken and have also updated the
Court of the measures undertaken by DU for the conduct of the Open Book
Examinations (hereinafter, 'OBE'). It is submitted by them that the question
papers to all the students would be delivered on their e-mails in addition to
being uploaded on the central portal. DU would also publish a consolidated
list of persons in-charge of assisting the students, in each of the colleges
along with their respective mobile numbers and e-mail IDs, where the
answer sheet can be e-mailed in case the central portal is not accessible. In
addition, the e-mail address provided on the previous date, as recorded in
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Signing Date:27.07.2020 21:36
order dated 7th July, 2020 would also be available for students to e-mail their
answer sheets.
4. On a query from the Court as to the portal which has been used for
running of the mock tests, which requires a massive capacity, it is submitted
that:
• The portal belongs to the Delhi University. However, all the data
would be located on a cloud server which has been obtained from a
Ministry of Electronics & Information Technology (MEITY)
empanelled vendor from the Government e-Marketplace (GeM)
portal;
• The vendor from whom the cloud services are being obtained is
Motherson Sumi Systems Pvt. Ltd., with whom an agreement was
entered into in April, 2020. It is stated that Motherson Sumi has
availed of the Cloud server from Amazon Web services.
• In so far as the answer sheets are concerned, the same can be
uploaded either in .jpeg format or .pdf format.
• Grievances of students in respect of the portal if they are unable to
upload answer sheets, would be evaluated by a four-member
Committee consisting of academicians who will take 5 days to take a
decision on each of the students' grievances, if any.
• Court has also been informed that there would be no masking of roll
number and the name of the students in the answer sheets as it is
impractical at this stage.
• The IT cell would be consisting of Mr. Sanjeev Singh and three other
research students who would be helping him in the conduct of the
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OBE.
• In so far as Common Service Centres (CSCs) are concerned, it is
submitted that an agreement dated 17th June, 2020 was entered into
with the CSC academy for providing the Centres to assist in the
conduct of DU examinations.
5. Mr. Dinesh Tyagi, CEO of CSC Academy, on a query, has informed
the Court that for the mock tests, no assistance was sought of the CSC
centres by DU. He further submits that the CSC academy has not received
any data as to the list of students or the location of students from where the
CSCs are to be made available to them as of now.
6. On a query of the Court as to whether DU will be providing the said
data to the CSC Academy, Prof. Gupta submits that it would not be possible
to give the list of students who wish to avail of CSCs. However, the list of
all the available CSCs have been uploaded on the website of DU. Students
can directly approach the said CSCs.
7. Mr. Tyagi submits that there are three officials who have been
identified, to be contacted by anyone who needs any clarification. He further
states that instructions have been given to all the CSCs to keep the centres
open during the time of examination.
8. Mr. Tyagi further submits that CSC e-Governance Pvt. Ltd. is a
company under the MEITY and that he is the CEO of the said Company as
also the Secretary of the CSC Academy which is a not-for-profit Society. He
submits that during the lockdown, the Ministry of Home Affairs (MHA) has
granted exemption for CSC centres to remain open, subject to the local
administration's approval.
9. Mr. Shivankar Sharma, ld. counsel appearing for one of the
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Signing Date:27.07.2020 21:36
Intervenors who is from Dimapur, Nagaland submits that Dimapur is under
a complete lockdown and therefore the CSC is not available there.
10. Mr. Apoorv Kurup, ld. counsel for UGC upon a query, informs the
Court that the petitions challenging the UGC guidelines are now listed
before the Supreme Court on 31st July, 2020.
11. List on 31st July, 2020 at the end of board. The date of 30th July, 2020
stands cancelled.
W.P.(C) 4577/2020 & CM APPLs. 16525/2020,16526/2020, 16527/2020
12. The present petition has also been filed today seeking a prayer that the
decisions of the High Powered Committee of DU be declared void and also
seeking cancellation of the remote Open Book Examinations, as the said
decisions were taken without consultation of the Academic Council and the
Executive Council. Alternate prayers have also been made for grading of
students as per composite 50% marks on the basis of the internal assessment
and remaining 50% on the basis of previous semester's performance.
13. Issue notice to University of Delhi. Counter affidavit to be filed by
DU and by Ministry of Human Resource Development (MHRD) by 30th
July, 2020.
14. List on 31st July, 2020 at the end of board.
PRATHIBA M. SINGH, J.
JULY 27, 2020
MR/Rahul/A
Signature Not Verified
Digitally Signed
Signing Date:27.07.2020 21:36
