Noopur Bajpai v. University of Delhi

2. Thoughthepetitlonersshallbepernrittedtoappearintheexantination -bjeet to thetr being othenvise qualified for the same, (including -bnrissionofthesisandcotnpletionoftheprocessinallrespects and appearing in supplementaty examination, if otherwise, pet^nssible "Hder the n.es,a„d the result would also be.ntimated to them, no Provtstonai Certificate or Degree ofMD cou..e shall be issued to thembyDelhiUniversity,exceptasstatedinpara(4)herein below

3. Thepetitioners in W.P.(C) 2649/2013 and 2575/20,[3] shall not clatm to beMD, unlesstheProvisiotral Certificateand/orDegreeisreleased to them byDelhi University, in terms ofthis order.

4. Ifthe eritnmal court before which chargesheethas been filed against the petttioners holds that there was no tampering with their OMR sheets, only then Universi^ of Delhi shah issue the provisional oerttficate and/or degree in MD course to them, in ease they have Psed out,n the sa,d examination. Otiierwise, the petitioners shall forfeit theirrightto theDegreein MD cotu-se. If.herei.any shortfalli„attendance, theapplicationifsubmitted by thepetttione. for condoningtheshortfall shall be considered by the CompetentAuthority inthe lightofallthe facts and circumstancesof this case. court master. rV^ \. A K- / V.K. JAIN, J JULY 12, 2013 rb;■::, '■•'i ■; ■ V' If $-15 + % IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 2575/2013 DR.

JYOTSNAKASHYAP Petiti«l» Through:Mr.P.K. Mishra andMr.NirajKunmr Mishra, Advocates versus UNIONOFINDIA AND ORS Respondents Through: Mr. Anurag Ahluwalia andMr. Arunava Mukherjee, Advocates for R-I Mr. Mohinder J.S. Rupal, Advocate with Dr. Sudha Prasad, Dean, Faculty of Medical Sciences for R-3 & 4/University ofDelhi. CORAM: HON'BLE MR.

1. This is an application which seeks modification of order dated ' 12.07.2013 in line with the order passed by the Supreme Court inthe case of a co-accused inCivil AppealNo.537I/20I[5], titled: Sonal Vs. Union of India and Ors. The order of the Supreme Court passed in the said civil appeal is dated 13.07.2015.

2. Briefly, the applicationhas been filed in the background of the following facts:- 2.[1] By virtue ofanorder dated12.04.2013,respondentno.4 W.P.(C)2575/2013 page1of[4] VI * A yw^ rusticated the applicant/petitioner from respondent no.2/coilege for a period of three years in terms of clause 4(b) read with clause 5 of Ordinance XV-B ofthe Ordinance ofthe University, with effect fiPMi

2013. This rustication came with a caveat that it could dissolve at an earlier point in time depending on the outcome ofthe Criminal Case, being: RC 219/2011 - E007, in the matter of: CBI Vs. Mahipal Singh and Ors. 2.[2] It is in this case that the petitioner alongwith other accused is facing prosecution. 2.[3] Admittedly, a charge-sheet has been filed though, no charges have been framed,as yet. 2.[4] As indicated above,the Supreme Court in the case cofieiHl^ one of the co-accused (i.e. Ms. Sonal) passed an or^ dated 13.07.2015 in civil appeal no.5371/2015. The operative part of the said order reads as follows:- "...In these circumstances, we allow this appeal with the following directions:- (1). The result of the appellant shall be declared forthwith. We may point out atthis stage thatthe result was broughtto this court in a sealed cover and after perusing the result, we found that the appellant has passed in the final year examination as well. Therefore, as a consequence thereof, she would be entitled for grant of MD degree also. However, at present, she would be given only provisional MD degree. (2). The aforesaid degree shall be subject to the outcome of the criminal case pending against the appellant. If the appellant is convicted in the criminal case and / or findings are arrived at in the said matter to the effect that the W.P.(C)2575/2013 page2of[4] ■W-<' 7^ ^ -t't" "Vappellant could get the admission in the MD course by practising the foul means as alleged in the charge-sheet, the effect thereof would be that the admission of the appellant to the MD course shall stand cancelled. As a consequence, it would be permissible for the respondent-authorities to nullify the MD course undertaken by her and cancel the provisionalMD degree granted to her. (3). In case, the appellant is discharged and / or acquitted in the aforesaid criminal proceedings, the appellant shall be ^ given final degree oftheMD course.." 2.[5] It is not disputed before me by the counsel for the respondents that the applicant/petitioner has passed her M.S. Exam. Dr. Sudha Prasad, Dean of the Faculty of Medical Sciences, is present in court, at the request of this court, made on the previous occasion. She has affirmed the saidposition. 2.[6] Dr. Sudha Prasad says that a "provisional certificate" can be issued by the concerned Institute/ Respondent no.2 to the applicant/petitioner subject to other conditionalities put in place by the Supreme Court in the aforementioned civil appeal concerning Sonal Vs. Union ofIndia and Ors. 2.[7] To be noted, the Supreme Court uses the expression 'provisional degree' and not 'provisional certificate'. Therefore,Ido not intend to derogate from that position. 2.[8] Accordingly, the following directions are issued in confcifllily with order of the Supreme Court.

3. The order dated 12.07.2013 is modified to the following extent ■i.-rj- >l t > f^: (i). The applicant / petitioner will be issued a provisional M.S. degree. (ii). The aforesaid degree will be subject to the final outcome ofdie aforementioned criminal case in which the applicant / petitioner is arrayed as an accused. (iii). In case the applicant/petitioner is convicted in the said criminal fase and / or findings are arrived at in the matter to the effect that she had got admission in the M.S. course by practising the foul means as imputed in the charge-sheet, her admission to the M.S. course shall stand cancelled. As a consequence of such a findingbeing reachedby the concerned criminal court, the respondents will be at liberty to nullify the M.S. course undertaken by the applicant / petitioner aiid cancel the provisionalM.S. Degree, conferred onher. (iv). In the event, the applicant/petitioner were to be discharged and / or acquitted in the aforementioned criminal proceedings, she shall be conferred with a finalMS degree.

4. The captioned applicationis allowed, inthe aforesaid terms. 4.[1] Order dated 12.07.2013 will stand modified to the extent, indicated above.

5. Dasti.

OCTOBER 01,2015 yg RAJIV SHAKDHER,J