Gagandeep Kaur & Ors. v. Guru Gobind Singh Indraprastha University & Anr.

2. When this matter was listed on 2211 d June, 2009, this Court while issuing notice had passed the following interim order:- "Till the next date of hearing, without prejudice to the rights and contentions and without creating any equities in favour of the petitioners, the respondents are directed to allow the petitioners to attend the classes of the second year."

3. Thereafter, on gth July, 2011, the following order came to be passed:- "CM No. 12224/2011 This is an application for issue of appropriate directions. We have heard Mr. A.K. Panda, learned senior counsel along with Mr. S. Mukherjee, learned counsel for the appellants and Mr. Mukul Talwar, learned counsel for the respondent No. !-University. It is submitted by Mr. Panda that the appellants are not averse to undertake the written examination in the subject of Physiology that is going to take place today. At this juncture, Mr. Talwar, learned counsel for the University has stated that the students also must appear in the practical examination that is going to commence 14th July, 2011. In view of the aforesaid, it is directed that the appellants shall undertake the written as well as the practical examinations without prejudice to the contentions raised in this appeal. We will be failing in our duty if we do not deal with the submissions canvassed by Mr. Panda to the effect that the appellants, who belong to a different strata of society, are facing a hostile atmosphere because they have approached this Court and also for many other reasons. Without saying anything on the said score, we would ask the Registrar of the Guru Gobind Singh Indraprastha University to oversee that the written as well as the practical examinations pertaining to the appellants are conducted in an atmosphere, which is suitable for conducting of an examination of students, for no student should feel or even remotely harbour the idea that he is being treated with hostility. When we say so, it need not be construed that they are actually being treated in hostility but such an idea should not also get in a way embedded in the minds of the students. That is the purpose of an educational atmosphere. Mr. Talwar, learned counsel for the respondent No. !- University has fairly stated that he would convey to the competent authority of the University about the concern expressed by this Court with regard to educational atmosphere and he would see to it that all authorities behave in a behovely manner so that no misconception gets ushered in. Other reliefs that have been prayed in this application shall be dealt with when we address ourselves with regard to merits of the appeal. The application is accordingly disposed of. LPA No. 547/2011 Regard being had to the lis in question, we do not intend to keep this appeal pending for long. Let it be listed for final disposal under the heading "After Notice Miscellaneous Matters" on 28 July, 2011. The earlier date given stands cancelled. Copy of this order be given dasti to the learned counsel for the p'arties under signature ofthe Court Master." •

4. On 28th July, 2011, a direction was issued for publication of the result. In pursuance of our order the university has published the result and 14 out of 15 students have become successful. We have been apprised by Mr. A.K. Panda, learned senior counsel appearing for the appellants that by virtue of the order passed by this Court they have attended classes of the second year, MBBS.

5. In view of the aforesaid, we direct the university that the students, who have been successful, shall be admitted to the second year from the date of their attendance and the benefit of attendance as recorded shall enure to their benefit. If there will be any shortfall or any kind of impediment, liberty is granted to the appellants to approach the college as well as the university. Be it clarified, we have not expressed any opinion or issued directions with regard to the steps or the stand of the college or university. One Mr. Abhay Tripathi has filed an application for impleadment and claims parity with the appellants. Without expressing any opinion, we direct that if he is at par with the appellants, the university shall extend the similar benefit. The appeals are accordingly disposed of.

SEPTEMBER 14, 2011 NA/VKR/ /nv'"~ CHIEF JUSTICE ~-·J[t._. SANJIV KHANNA, J.