Delhi High Court
Prof Shreekant Gupta vs University Of Delhi on 16 June, 2020
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 155/2020
PROF. SHREEKANT GUPTA ..... Appellant
Through: Mr. Shikhar Khare, Advocate with
Mr. Srinivasan Ramaswamy, Advocate.
versus
UNIVERSITY OF DELHI ..... Respondent
Through: Mr. Mohinder J.S. Rupal, Advocate.
% Date of Decision: 16th June, 2020
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE SANJEEV NARULA
JUDGMENT
MANMOHAN, J:- (Oral)
CM Appls.12629-12630/2020
Allowed, subject to just exceptions.
LPA 155/2020
1. The appeal has been listed before this Bench by the Registry in view
of the urgency expressed therein.
2. The same has been heard by way of video conferencing.
3. Present letters patent appeal has been filed challenging the order dated
12th May, 2020 passed by learned Single Judge of this Court in W.P.(C)
3103/2020 whereby appellant's writ petition challenging the deduction of
one day salary by the respondent-University for contributing to the PM
CARES Fund to combat COVID-19 pandemic was dismissed.
4. Learned counsel for appellant states that respondent-University did
not give all its employees adequate notice of such deduction and further it
proceeded to deduct one day's salary even in respect of those employees
who had expressed their desire not to make a contribution. He emphasises
that voluntary contribution cannot be deducted without anyone's consent.
5. Per contra, Mr. Mohinder J.S. Rupal, learned counsel for respondent-
University points out that though in the writ petition it has been averred that
the petitioners do not have personal interest in the litigation, yet it has not
been filed in the prescribed format with necessary undertakings as a Public
Interest Litigation (for short 'PIL').
6. This Court is of the opinion that the present writ petition is not a PIL
as it has not been filed in the prescribed format of a PIL and further the
teachers and staff of Delhi University are neither financially weak nor
suppressed to such an extent that they cannot approach this Court directly.
7. This Court upon a perusal of the paper book finds that appeals were
issued by the Chairman, UGC as well as Registrar of respondent-University
in the month of March 2020 to voluntarily contribute to support the cause
against the COVID-19 pandemic, while the last date for objection was 02nd
April, 2020. This Court takes judicial notice of the fact that we live in the
'internet age' wherein all people are active on social media. Prima facie, it is
difficult to believe that the appellant who himself lives in the Delhi
University campus did not know either from his colleagues or staff or
University officials or on email or telephone or computer about the appeals
issued by the Chairman, UGC or by the Registrar, Delhi University. At the
highest, the issues of notice and consent are disputed questions of fact which
cannot be adjudicated in a writ petition.
8. Further, keeping in view the severity and the spread of the pandemic,
the deduction of one day's salary of the appellant (i.e. Rs.7,500/-) cannot be
said to be contrary to public interest or harsh or inequitable. This Court is
constrained to ask itself a question that wouldn't a 'stone hearted person'
only challenge the decision to deduct one day's salary for a pandemic?
9. In any event, it is settled law that a writ petition is not a statutory
proceeding and a Court is not bound to entertain and allow the same if the
cause espoused by the petitioner is contrary to public interest and/or
inequitable - as is the case in the present matter.
10. For the aforesaid reasons, the present appeal is dismissed with liberty
to the appellant to file a suit for recovery. It is clarified that observations in
the writ petition and appeal are only for deciding the same and shall not
come in the way of adjudication of the suit for recovery, if any filed by the
appellant. The rights and contentions of all parties are left open. The order
be uploaded on the website forthwith. Copy of the order be also forwarded
to the learned counsel through e-mail.
MANMOHAN, J
SANJEEV NARULA, J
JUNE 16, 2020
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