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HIGH COURT OF DELHI
Date of Decision: 07th September, 2021
SANTOSH MISHRA & ANR. ..... Petitioners
Through Mr. Vivek Kumar Tandon, Advocate.
Through Mr. Santosh Kumar and Mr. Bibin Kurian, Advocates for R-1.
Mr. Manoj R. Sinha, Advocate for R-2.
Ms. Diya Kapur, Mr. Tarun Agarwal and Mr.Raghav Anand, Advocates for R-3.
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGMENT
CM No. 31388/2020 (Exemption)
Allowed, subject to all just exceptions.
Application is disposed of.
1. Present Public Interest Litigation has been preferred seeking the following reliefs:-
“I. Writ of MANDAMUS directing the authorities of the University of Delhi to act and comply with the Executive 2021:DHC:2763-DB Council Minutes of Meeting/Resolution Dated 21/7/2019 and to take-over Daulat Ram. College directly under the University of Delhi thereby to administer and run the college as as per the Act, Statutes and Ordinance of the Delhi University.
II. Writ of MANDAMUS to the University of Delhi to recover the entire amount of Rs-1094.94 lakh from the Respondent No.3, Daulat Ram College Society immediately against as the accululated Maintenance Grant dues as calucated and mentioned by the UGC vide their letter dated 24/6/2020. The amount so recovered should be immediately used for the repair and maintenance of dilaplated parts of the Daulat Ram College Building and for improving the infrastructure of the college.
III. Writ of MANDAMUS ordering for forensic audit of the accounts of the Daulat Ram College and the Daulat Ram College Society, the respondent No. 3 & 4 and to direct legal action against misappropriation of the money.
IV. Writ of MANDAMUS ordering the re-opening of the Girls
Hostel of the college for the current academic session and to operate the same immediately keeping in mind the dire requirements of the hostel in North campus of Delhi University, and to carryout necessary repairs. Any other order which the Hon'ble Court may deem fit and proper in the facts and circumstances of the present case be also passed in favour of the petitioners.”
2. We have heard learned counsels appearing for the parties and have looked into the facts and circumstances of the case. At the outset, learned counsel appearing on behalf of the Petitioners submits that suffice would it be for the disposal of this writ petition, if a suitable direction is given to the concerned Respondent Authorities to treat this petition as a representation and decide the same in accordance with law, within a stipulated period of time.
3. In view of the aforesaid limited submission, we hereby direct the concerned Respondent Authorities to treat this petition as a representation and look into the grievances ventilated in the present petition, in accordance with law, Rules and Regulations and Government policies, applicable to the facts of the case. Needless to state that the decision on the representation shall be taken after giving adequate opportunity of hearing to the concerned/affected parties, including the College in question. The entire exercise shall be completed as expeditiously as possible.
4. With these observations, writ petition along with accompanying application is hereby disposed of.
CHIEF JUSTICE JYOTI SINGH, J SEPTEMBER 07, 2021 rk