Delhi High Court
Dr. Vijender Kumar vs University Of Delhi & Ors. on 22 September, 2020
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:22.09.2020 20:48:40
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 22nd September, 2020
+ W.P.(C) 4247/2020 & CM APPLs. 15287/2020, 15288/2020
DR. VIJENDER KUMAR ..... Petitioner
Through: Mr. Sarthak Maggon, Advocate.
versus
UNIVERSITY OF DELHI & ORS. ..... Respondents
Through: Mr. Mohinder J.S. Rupal & Mr. Hardik
Rupal, Advocates for R-1.
Dr. Vikrant Narayan Vasudeva, Mr.
Parv Ahluwalia & Mr. Sarthak Chiller,
Advocates for R-3/MAIDS.
Mr. Apoorv Kurup & Ms. Nidhi Mittal,
Advocates for UGC/R-5.
Ms. Nidhi Raman, CGSC for R-6/UOI
(M-9891088658)
Ms. Shefali Vohra, Advocate for R7/
GNCTD (M-9313181836)
Mr. T. Singhdev & Ms. Michelle B.
Das, Advocates for R-4/DCI
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. The hearing has been held through video conferencing.
2. The present petition was filed by several doctors pursuing the Master
of Dental Sciences ("MDS") course at Maulana Azad Institute of Dental
Sciences (hereinafter, 'MAIDS'). They had approached this Court seeking
relaxation of the deadline for submitting their thesis, as part of their course
curriculum. Vide a detailed order dated 20th July, 2020, this Court had
extended the deadline in the following terms:
"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
Signature Not Verified
Digitally Signed
Signing Date:22.09.2020 20:13
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:22.09.2020 20:48:40
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."
3. University of Delhi (hereinafter, 'DU') has now filed a short affidavit,
stating that the benefit of the order dated 20th July, 2020 has been given to the
Petitioners, in terms of the said order. The relevant extract of the counter-
affidavit is set out below:
Signature Not Verified
Digitally Signed
Signing Date:22.09.2020 20:13
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:22.09.2020 20:48:40
"9. In these circumstances, though the present
Petitioners may be allowed to submit their thesis, as
directed by this Hon'ble court vide order dated
20.07.2020, but it may be made clear that for the next
academic session and onwards, the last date of
submission of the thesis shall be as per the Resolution
passed by the BRS, which is 30th April of each year."
4. A perusal of the above paragraph shows that insofar as the current
academic session is concerned, the order dated 20th July, 2020 has been
accepted in respect of all the Petitioners and similarly placed students. In the
order dated 20th July, 2020, the Court had raised various questions that had
arisen for determination. However, in view of the fact that the order dated 20th
July, 2020 has now operated till date and the students have been given benefit
of the said order, these questions are not being adjudicated. The questions of
law raised in this petition are left open. This Court has not rendered any
opinion or made any observations in respect of DU's stand that the date of
submission of thesis would be 30th April each year.
5. Insofar as the late fee of Rs.5,000/- is concerned, the present order be
communicated to MAIDS. The late fee was deposited only due to the orders
of this Court and was subject to further orders. The directions given in the
order dated 20th July, 2020 have now been accepted by all the parties, and
accordingly MAIDS is directed to grant refund or adjustment of Rs.5000/- to
the Petitioners and other similarly situated candidates, who have made the
payment of late fee for submission of their thesis.
6. With these observations the petition is disposed of. All pending
applications are also disposed of.
PRATHIBA M. SINGH, J.
SEPTEMBER 22, 2020
Rahul/A
Signature Not Verified
Digitally Signed
Signing Date:22.09.2020 20:13
