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HIGH COURT OF DELHI
Date of Decision: 14th October, 2024
COURTS ON ITS OWN MOTION IN RE: SUICIDE COMMITTED
BY SUSHANT ROHILLA, LAW STUDENT OF I.P. UNIVER .....Petitioner
Through: Mr. Dayan Krishnan, Sr Adv. (Amicus Curiae)
& Mr. Shreedhar Kale, Advs. (M:
9871167778).
Through: Mr. Chetan Sharma, ASG, Mr. Kirtiman Singh, CGSC, Mr. Waize Ali
Noor, Mr. Varun Pratap Singh, Mr. Maulik Khurana & Mr. Ranjeev Khatana, Advs. for Union of India (M:
9871221149).
Ms. Nandita Rao, ASC (Crl.) for GNCTD. Mr. T. Singhdev, Mr. Abhijit Chakravarty, Mr. Tanishq Srivastava, Mr. Sourabh Kumar, Mr. Bhanu Gulati, Mr. Aabhaas Sukhramani and Ms. Anum Hussain, Advs for National Medical
Commission and Dental Council of India (M: 9044153267).
Mr. Anil Soni, CGSC
Mrs. Avnish Ahlawat, SC NSUT
8527074562)
16:44 Mr. Pritish Sabharwal, Standing Counsel for Jamia Millia Islamia (M:
9871878690).
Mr. Raajan Chawla, Mr. Gautam Chauhan & Mr. Ashok Mahajan, Advs. for R-1 (M: 9871733347).
Mr. Honey Khanna & Mr. Shyam Singh, Advs for R-4 and 5 (M:
9899649343).
Mr. Atul Kumar, Ms. Sweety Singh, Mr. Rahul Pandey & Mr. Sudipta Singha Roy, Advs for AIIMS (M:
9818385222).
Ms. Monika Arora Advocate for R-13- IIMC (M: 9810246300).
Mr. Arjun Mitra, Adv. for R-14 & 15 (M: 9810412737)
Mr. Ankit Jain, Mr. Aditya Chauhan & Ms. Divyanshu Rathi, Advs., Advocates for Indian Law Institute
(M: 8396996188).
Ms Bharathi Raju, Senior Panel Counsel for R-16 (M: 9868895906).
Mr. Siddharth Panda and Mr. Ritank Kumar Advs. for R-19 (M:
9891488088).
Mr. Mohinder JS Rupal Adv. for University of Delhi (M: 9811151216).
Mr. Hardik Rupal, Adv. for Jamia Hamdard University (M:
9811316090).
Mr. Neeraj Verma Advocate for R-24 (M: 9810762420).
Mr Joby P Varghese, Advocate.
Mr. Amitesh Kumar, Ms. Priti Kumari and Ms. Mrinaal Kishor, Advocates for R-27 (M: 7503397704).
Mr. Amitesh Kumar, Ms. Priti Kumari 16:44 and Mrinal Kishor, Advocates for R-
28 (M: 7503397704).
Mr. Vibhakar Mishra, Advocate for Shri Lal Bahadur Sashtri University
(M: 9810092597).
Mr. Ankit Jain and Ms. Divyanshu Rathi, Advs. for ILI (M: 8396996188).
Mr. Raajan Chawla and Ms. Yashi Singh, Advs. for Amity law school.
Ms. Pragya Parijat Singh and Mr. Lakshay Saini, Advs. for R-32, (M:
9999705006)
Ms. Anju Bhushan Gupta, Mr. Aditya Goel and Mr. Sanjay Gupta, Advs. for
R-33.
Mr. Yashvardhan, Ms. Kritika Nagpal, Mr. Gyanendra Shukla and Mr. Pranav Das, Advocates for DPSRU.
Mr. Keshav Datta, Advocate, Intervener (M: 9871919591).
Mr. Vibhakar Mishra, Advocate for Lal Bahadur Central Sanskrit
University (M: 9810092597).
Mr. Preet Pal Singh, Mrs. Tanupreet Kaur, Ms. Simrat Kaur, Ms. Akanksha Singh, Mr. Madhukar Pandy & Mr. Unmukt Bhardwaj, Advocates for Bar
Council of India (M: 8800848307).
Ms. Ginny J Rautray, Mr. Navdeep Singh, Ms. Devika Thakur & Mr. Ranvijay Singh, Advs. for R-12 & 22
(M: 9811287117)
Prathiba M. Singh, J. (Oral)
JUDGMENT
1. This hearing has been done through hybrid mode. 16:44
2. A short note dated 14th October, 2024 has been placed by Mr. Kirtiman Singh, Ld. CGSC on behalf of the Union of India (Ministry of Education, Department of Higher Education) stating as under:-
16:44 points mentioned in the order dated 09.09.2024 by this Hon'ble Court, the said comments are being collected and compiled.
4. It is respectfully submitted that the first consultation meeting was held on 07.10.2024 with all the Statutory Councils/Bodies in the matter along with the UGC and the AICTE.”
3. The said short note does not capture the outcome of the consultation meeting which was held on 7th October, 2024 with all the Statutory Councils/Bodies in the matter along with the University Grants Commission (‘UGC’) and the All India Council for Technical Education (‘AICTE’). The said also does not include the list of Higher Educational Institutions to whom the circular dated 19th September, 2024 has been issued by the Secretary, UGC for the constitution of the Grievance Redressal Committee for Students in Higher Education Institutions.
4. Let a proper affidavit be filed on behalf of the Department of Higher Education giving the complete details of the list of the institutions to whom the letter dated 19th September, 2024 has been issued by the Secretary, UGC. In the said list, all the institutions whose responses have been received shall also be reflected.
5. The outcome of the consultation meeting held on 7th October, 2024 which may be in the form of the minutes of meeting shall also be placed on record. If no minutes of the said meeting have been drawn, the outcome of the said consultation meeting shall also be captured in the said affidavit on behalf of Department of Higher Education.
6. Insofar as the direction contained in Paragraph 33 of the order dated 9th September, 2024 is concerned, Mr. Ashok Mahajan has appeared today on 16:44 behalf of the Respondent no.1, and has made various submissions on merits to argue that Amity Law School, Delhi was not at fault. Mr. Mahajan has placed before the Court the profile of the University and the large number of students to whom education is imparted both in India and in some foreign countries. It is further argued that the University also gives scholarships to several deserving students. Specifically in respect of the student – Mr. Rohilla, it is submitted that the parents were duly notified from time to time regarding the shortage of attendance. Thus, the institution cannot be blamed for what was an unfortunate turn of events.
7. Be that as it may, the entire purpose of Paragraph 33 of the said order was to seek instructions as to whether Respondent No. 1 was willing to make ex-gratia compensation to the family of the deceased who passed away. On this issue, Mr. Ashok Mahajan, ld. Counsel again seeks time to take instructions and revert by the next date of hearing.
8. On behalf of the Bar Council of India, Mr. Preet Pal Singh has placed before the Court a document consisting the constitution of the Legal Education Committee of the Bar Council of India and Attendance Requirements of Various International Universities.
9. The present case relates to attendance requirements prescribed for the LL.B. degree (five year course) which is prescribed by the Bar Council of India. Accordingly, let the Legal Education Committee of the Bar Council of India hold a meeting and place its stand before the Court in respect of the attendance requirements after considering the prevalent requirements for attendance and also the factors set out in Paragraph 32(b) of the order dated 9th September, 2024. Considering the constitution of the Legal Education Committee, the Bar Council of India may hold a virtual meeting for the 16:44 purpose of finalising its position in this regard. Let an affidavit be filed in respect of the same within two weeks.
10. Let the affidavit on behalf of the Union of India, Respondent no.1 Amity, and any other party who wishes to file an affidavit, be filed within two weeks for the purpose of further directions.
11. Mr. Dayan Krishnan, Ld. Senior Counsel submits that there have been further recent unfortunate incidents of suicides in different institutions and he thus prays that he may be permitted to place a note to expand the scope of the consultation. In this regard, let the note be placed on record by the Ld. Amicus Curiae.
12. List for hearing on 6th November, 2024.
13. This is a part-heard matter.
PRATHIBA M. SINGH JUDGE AMIT SHARMA JUDGE OCTOBER 14, 2024/kr/sc 16:44