National Federation of the Blind v. Union of India & Ors.

15. The counsels for all the respondents before us assure us that they will hold parlays with the petitioner and with representatives ofstudents with other disabilities, to resolve the various difficulties which students with disabilities have expressed and find solutions therefor. The senior counsel for the respondent No.2 DU has also assured us that ifthe study material of any of the students is locked in the hostel rooms, which the students were directed to vacate, provision shall be made to enable the students to collect the said material as and when desired by them. It is also assured that if any additional study material is required, endeavour shall be made to provide the same.

16. Prof. Anil Aneja,the Nodal Officer for Persons with Disability of respondent No.2DU has also informed us that as far as the fear expressed in the petition, ofstudents with disabilities losing out on participation in admission tests to various courses, which are scheduled to commence in September,2020,is concemed,the students,subject to the declaration of result of the final year/tenu/semester examination, shall be permitted to participate in the Entrance Test and need not have any fear on this account. It is also informed that vide Notification dated 4^^ June, 2020, detailed provisions have been made for students with disabilities.

17. Considering the urgency, we were inclined to take up this matter W.P.(C)3411/2020 Page[6] of[8] 2020:DHC:3955-DB 'Tir on Thursday,i.e. 11"" June,2020,but,on the assurance ofthe counsel for the respondent No.3 UGC that ifthe matter is posted on Friday,i.e. 12'^ June,2020, a solution would definitely be placed before this Court with respect to each of the aforesaid apprehensions/difficulties expressed by the petitioner,we are posting the matter to 12"^ June,2020.

18. We also direct Mr.Rungta to be continuously in touch with Prof.Anil Aneja, Nodal Officer for Persons with Disability of DU and also with Dr. Khanduri, stated to be the Legal Head ofthe UGC,whose particulars will be given by the counsel for respondent No.3 UGC to Mr. Rungtato,in the intervening two days,address all the issues and come up with a solution. Counsel for the respondent No. 1 Union ofIndia to also inform to Mr.Apoorv Kurup,counsel for the respondent No.3 UGC and Mr. Rungta, of the officers of the Ministry of Department of Empowerment of Persons with Disability and Ministry of Human Resource Development,who are to be contacted in the matter,to enable a solution to be worked outby 12"'June,2020.

19. The possibility of holding the examination for any student facing any difficulty in taking the examination tentatively scheduled from U' July,2020,immediately thereafter,be also considered,by having another setofquestion papers readyfor holding such examination.

20. We also clarify that all students of final year/term/semester, to proceed with preparations for participating in the Open Book Examination tentatively scheduled from 1st July 2020 and to merely because this petition is filed or is being heard,not assume that the Open W.P.(C)3411/2020 Page7of[8] 2020:DHC:3955-DB Book Examination so scheduled, will be delayed. This court is only examining the matter, to iron out the difficulties pointed out of persons with disability in participating in the examination and which difficulties will be addressed by the time the examination commences.

21. A copy ofthis order be forwarded electronically to all the parties.

22. List on 12'^ June,2020. JUNE 09,2020 pkb/s RAJIV SAHAIENDLAW,J. ASHA MENON,J. W.P.(C)3411/2020 Page 8 of[8] 2020:DHC:3955-DB $~1 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C)3411/2020&CM No.l2111/2020(for stay) NATIONALFEDERATION OFTHEBLIND..... Petitioner Through; Mr.S.K.Rungta,Sr.Adv.in person.

VERSUS

UNION OFINDIA&ORS. Respondents Through; Mr. Vivek Goyal, Adv. CGSC for U0I/R-1&4 Mr. Sachin Datta, Sr. Adv. with Mr. Mohinder J.S. Rupal, Adv. for University ofDelhi Mr.Apoorv Kurup,Adv.for UGC Mr.ShashiPratap Singh,Mr.J.P.Sengh, Sr. Adv. CORAM: HON'BLE MR.JUSTICE RAJIV SAHAIENDLAW HON'BLE MS.JUSTICE ASHA MENON ORDER 0/„ 12.06.2020 [VIA VIDEO CONFERENCING]

1. Pursuant to the order dated 9'^ June, 2020, the respondent No. 3 University GrantsCommission(UGC)hasfiledan affidavitdisclosingitsstand in the matter. Page I of[5] W.P.(C)3411/2020 2020:DHC:3955-DB

2. The counsel for respondent No.2 Delhi University(DU)states that the said proposals ofthe UGC are yet to be considered by the authorities ofDU. He also states that on account of illness in his family he was in personal difficulty and could nottake instructions.Posting ofthe matter on Tuesday i.e. 16""June,2020 is sought,contending thatDU needs time oftoday and Monday to take a stand and explore the possibilities.

3. We have heard the senior counsel for the petitioner at length, to understand,in the presence of all the counsels, the difficulties highlighted by the petitioner,so thatthe solution thereto can befound.

4. It is also reiterated during the hearing that the relief, of declaring as 'pass', all the final semester/year/term students, on the basis of their past performance,may ultimately be to the prejudice ofthe said students. We have highlighted the decision ofthe Bar CouncilofIndia indicating that the students passing their final semester/year/term without examination may not be recognised by the Bar Council ofIndia as having completed their education in law. Similar prejudices may arise on account of decisions taken by other professional bodies.It is therefore felt that it is in the interest ofthe visually impaired students of the final semester/year/term, to participate in the examination process as devised byDU,with such modifications as maynow be worked out considering the special circumstances of the students for whose benefitthis petition has been filed.

5. During the discussion in the hearing, difficulties for the visually impaired students are disclosed on thefollowing accounts:- W.P.(C)3411/2020 Page2of[5] 2020:DHC:3955-DB

(i) Non-availability of reading material; it is indicated that in the open book examination,in the absence ofreading material or text books readable by the visually impaired students, such students would be at a disadvantage; interconnected with the said aspect is non-availability of assistive devices; it is stated that the visually impaired students study for their examination on the basis ofnotes taken during the class room teaching, which notes are now not available owing to classes having not been held for the last over three months and some ofthe students who have moved out from Delhi have also left their notes and assistive devices at Delhi and which are now inaccessible. However it is informed that an NGO Saksham is capable of making the reading material available within a week or two;and,

(ii) Non-availability ofsuitable scribes at the place where the students may be taking the examination; it is indicated that competent scribes meeting the eligibility criteria may not be available.

6. It is also informed that for the undergraduate students, as per the prescribed rules ofDU,the passing grade/marks ofthe final year/semester/term is calculated in the following ratio:25% on the basis ofinternal assessment and 75% on the basis of marks secured in the examination. The said ratio for postgraduate students is 30:70. Adjustment/compensation for the difficulties encountered by the said students is suggested by changing the said ratio to 50:50 for undergraduate as well as postgraduate students.On enquiry,it is also W.P.(C)3411/2020 Page3of[5] 2020:DHC:3955-DB informed that internal assessment has already been done.

7. We have also during the hearing enquired about the possibility ofsound recording ofthe answers verbally given by such students to the questions,to do away with the need for scribes, and transmission ofsaid sound recording to the examiner in DU.The senior counsel for the petitioner states that the same may be workable and he will examine possibility thereofas well.

8. We also see no reason why the concerned officials of DU should not, taking advantage ofthe weekend, hold parlays with the senior counsel for the petitioner as well as any other persons so that the matter can be posted next on Monday i.e. 15"^ June,2020. We request the officials ofDU to immediately on receipt of this order, copy of which may be e-mailed to the counsels, immediately commence deliberations so that a workable solution is before the Court,post lunch on Monday.

9. The counsel for DU has named Professor Vinay Gupta, Dean (Examination) Ph. No.9811563101 and Professor Rajive Gupta, Dean (Students' Welfare)Ph.No.9810001819 ofDU as the contact persons on behalf ofDU,with whom the senior counsel for the petitioner may communicate for working outthe solutions.

10. Though the counsel for the UGC states that for any other modality devised by DU,sanctions ofUGC will not be required but on our request has named Dr. Surinder Singh,Joint Director(UGC)Ph.9560228560 as the contact person,in the event ofany need. fV.P.fCJ 3411/2020 Page4of[5] 2020:DHC:3955-DB vv

11. We also request Professor Vinay Gupta, Dean (Examination) and Professor Rajive Gupta, Dean (Students Welfare) aforesaid of DU to participate in the further hearings in this petition.

12. Liston 15""June,2020 at 1530 hours. JUNE 12,2020 PP RAJIV SAHAIENDLAW,J. ASHA MENON,J. IV.P.(C)3411/2020 Page5of[5] 2020:DHC:3955-DB \tA/ $-2 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C)3411/2020,C.M.Nos.12111/2020 NATIONAL FEDERATION OF THE BLIND Petitioner Through: Mr.S.K.Rungta,Senior Advocate in person versus UNION OF INDIA & ORS. Through: % Respondents Mr. Vivek Goyal, CGSC, for respondents No. 1 and 4 Mr.Sachin Dutta,Senior Advocate with Mr. Mohinder Rupal, Mr. Sumit Paral, Advocates for respondent No. 2-University of Delhi with Mr. Anil Aneja, Nodal Officer for Persons with Disability ofthe Delhi University Mr. Apoorv Kurup and Ms. Nidhi Mittal, Advocates for respondent No.3-UGC Professor Vinay Gupta, Dean Examination CORAM: HON'BLE MR.JUSTICE RAJIV SAHAIENDLAW HON'BLE MS.JUSTICE ASHA MENON ORDER 15.06.2020 [VIA VIDEO CONFERENCING[1] W.P.(C)3411/2020& C.M.No.12111/2020(for stay and directions)

1. We have heard the senior counsel for the petitioner, also appearing in person,and the senior counselfor DelhiUniversity(DU). W.P.(C)3411/2020 Page 1 of[5] 2020:DHC:3955-DB \/

2. Delhi University (DU) has today morning circulated its written submissions with respect to the various problems urged on behalfofthe visually impaired students for whose benefit this petition has been filed. The senior counsel for the petitioner,after having gone through the same, has addressed five issues which according to him remain unaddressed.

3. Firstly it is stated that prescribed text books of some of the subjects/courses and/or some ofthe prescribed text books ofa particular course are not available with the NGO Saksham.It is stated thatsince it is an open book examination,the availability ofthe said booksin accessible form with the visually impaired students is essential, to give them an equal opportunity with other students.

4. Secondly it is stated that the assistive devices namely, DAISY Player (Digital Accessible Information System) and net book have not been distributed to some ofthe students and without which they cannot take the examination.On inquiry,it is stated thatthe Daisy Player is like ataperecorder butwith additionalfunctions ofaccessiblereading.

5. The third subsisting problem is with respect to availability of scribes for students who are intending to take the examination from remote parts ofthe country.

6. Fourthly,itis stated thatDU has denied the requestfor distributing thefinal year/term/semester marks equally i.e.50:50between the intemal assessment and the examination.

7. Fifthly, and lastly, it is stated that the one month time sought for W.P.(C)3411/2020 ^ 2020:DHC:3955-DB \ preparation,after all the said issues are resolved,has notbeen acceded to.

8. With respect to the first ofthe aforesaid issues,the senior counsel for DU has contended that though as per the University the 16,000 odd titles available with NGO Saksham would cover all the text books but even if any is not available,the material already available with some students can be shared with the others. It is also suggested that the prescribed books/text books are generally not changed every year and even if not available,can be collected from ex-students. It is also contended that the lockdown was imposed only in March,2020 and it is inexplicable why the students who are now making a grievance, did not collect it till then. It is also suggested that now there is no time available with the University to convert any prescribed text book in accessible form and which process takes months.

9. With respect to the second difficulty aforesaid,it is contended that the University already in its written submissions has stated that any type ofassistive devices can be used.

10. With respect to the third grievance i.e the difficulty qua non availability of scribes, it is contended that the University has already acceded to the students answering the questions verbally and transmitting the sound recording to the University.

11. With respect to the fourth grievance,ofDU having not acceded to the suggestion of the ratio of 50:50 for internal assessment and written examination, it is stated that the same is contrary to the Statutes and Ordinances ofthe University and would require amendmentthereof. W.P.(C)3411/2020 Page3of[5] 2020:DHC:3955-DB

12. With respect to the last ofthe aforesaid five issues highlighted by the senior counsel for the petitioner, it has been informed that the examination schedule has already been released and now cannot be changed.

13. Mr.S.K.Runga, senior courisel for the petitioner states that there can be a separate question paper for visually impaired students, with examination thereon for the said students being taken in the month of August,instead ofw.e.f.2nd July,2020.

14. We today,have the limitation ofnot knowing the grievances ifany of individual students. The students for whose benefit this petition has been filed are not before us. Though the senior counsel for the petitioner states that in the existing state of affairs only 4 to 5 percent of such students would be able to give their examination but again the same is his assessment and we do not know how many are in a position to take their examinations; how many have difficulty to access text books and assistive devices and how many have difficulties with respect to scribes, for that matter, how many are in Delhi and how many are in remote comers ofthe country from where they are facing difficulty, also is not known.

15. We had in the first order indicated that merely because the petition is being considered, none should refrain from continuing with the preparation for the examination in the hope that the examination announced would be cancelled and/or deferred. We reiterate the same today also and at least till now are not inclined to interfere with the W.P.(C)3411/2020 Page4of[5] 2020:DHC:3955-DB examination schedule, neither for the visually impaired students nor for any other students.

16. Mr. Rungta, senior counsel for the petitioner states that he has received the response to the queries from about 200 visually impaired students and has already shared the same with DU and the matter be posted on 17"' June,2020,to enable the student wise issues raised today, being addressed.

17. The DU to, in the meanwhile also, consider the possibility of preponing the second round of examination presently scheduled for September, to August, so that whosoever is unable to take the examination commencing on 2"" July, 2020, is able to take the same in the second halfofAugust.

18. Mr. Rungta assures that by then most of the difficulties for the visually impaired students would be addressed in collaboration with the DU and others.

19. List on 17"'June,2020 atthe end ofthe list.

20. Professor Vinay Gupta shall also remaiiLpresent on the next date.

RAJIV SAHAIENDLAW,J. ASHA MENON,J. JUNE 15,2020 pkb/ck W.P.(C)3411/2020 Page5of[5] 2020:DHC:3955-DB $-6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)3411/2020,C.M.Nos.12111/2020 NATIONAL FEDERATION OF THE BLIND Petitioner Through: Mr.S.K.Rungta,Senior Advocate in person versus UNION OFINDIA &ORS. Respondents Through: Mr. Vivek Goyal, CGSC, for respondents No. 1 and[4] Mr. Mohinder Rupal, Mr. Sumit Paral, Advocates for respondent No.2-University ofDelhi Mr. Apoorv Kurup and Ms. Nidhi Mittal, Advocates for respondent N0.3-UGC Prof. Vinay Gupta, Dean (Examination) " CORAM: HON'BLE MR.JUSTICE RAJIV SAHAIENDLAW HON'BLE MS.JUSTICE ASHA MENON ORDER 17.06.2020 % rVIA VIDEO CONFERENCING] W.P.(C)3411/2020& C.M.No.12111/2020(for stav and directions)

1. This order is in continuation ofthe orders dated 9'*'June,2020,12"^ June,2020 and 15""June 2020.

2. The senior counsel for the petitioner, appearing in person, at the W.P.(C)3411/2020 Page 1 of[6] 2020:DHC:3955-DB C|/7 outset states that after 12^''June,2020,no attempt even has been made by the respondent No.2Delhi University(DU)to address the various issues facing the visually impaired students. He thus states that the petition be heard finally today itself.

3. The petition otherwise seeks the reliefs of, (i) impugning the Notifications dated 30'^ May,2020 and V June,2020ofDU notifying the conduct ofopen book examination for final semester/term/year students of all UG and PG programmes respectively, for the academic session 2019-2020;(ii) mandamus to DU to assess the perfonnance of visually impaired and other students with disabilities, offinal semester/term/year for academic session 2019-2020,on the basis oftheir performance in the previous semester as well as internal assessment,on the same basis as has been decided to be done for other intermediate semester students; (iii) mandamus to DU to permit visually impaired and other students with disabilities of final semester/term/year ofboth UG and PG programmes, to appear in the entrance test for the course/programmes oftheir choice and grantthem admission provisionally for academie session 2020-2021, if their results are not declared by the time the admission process is commenced.

4. We have enquired from the senior counsel for the petitioner, whether not,for eonsidering the grant ofthe aforesaid reliefs claimed in the petition, it is essential to call for the counter affidavit of the respondents.

5. Though the senior eounsel for the petitioner eontends that there is W.P.(C)3411/2020 Page2of[6] 2020:DHC:3955-DB 'lA possibly nothing which the respondents can say in their counter affidavit, but we do not agree.The reliefs as claimed cannot be considered without granting an opportunity to file counter affidavit.

6. As far as the last ofthe reliefs claimed in the petition is concemed, DU has already stated,as recorded in the order dated 9"^ June,2020,that the visually impaired students would be permitted to appear in the entrance tests for various programmes for the academic session 2020- 2021, subject to declaration of the result of final semester/year/term examination.Even otherwise,we are informed that the admission process for such programmes is not likely to commence before 27"^ July, 2020 and before which date, we are hopeful that the petition will be disposed of.

7. We have already, in order dated 9"^ June, 2020 confined this petition to visually impaired students and again clarify that the reliefs claimed in this petition and the orders made herein, including today, are only with respectto visually impaired students ofDU.

8. Counsel for DU,controverting the senior counsel for the petitioner, has contended that nearly all the issues have been resolved.

9. We have enquired from the senior counsel for the petitioner, the approximate cost which will be entailed ifthe visually impaired students were to themselves, or through the petitioner, make arrangement for the missing text books in accessible form and missing assistive devices. The said question has been asked,to assess, whether we can bind the DU to reimburse to the petitioner or to the students the costs,ifany incurred for W.P.(C)3411/2020 Page3of[6] 2020:DHC:3955-DB procuring text books in accessible form and assistive devices on their own.

10. The senior counsel for the petitioner states that the costs of acquiring text books in accessible form and assistive devices for the visually impaired students of final semester/term/year and who are withoutthe same,will not be more than Rs.2lakhs.

11. Considering the amount involved,we are able to confidently assure the senior counsel for the petitioner that costs upto Rs.[2] lakhs incurred in making arrangements for devices and textbooks on own would be certainly reimbursed.

12. In the facts and circumstances,as have evolved since 9"^ June,2020 when this petition had come up first, we today proceed to pass the following order: i. The respondents to file counter affidavit within two weeks of today.It is made clear that no extension oftime for filing the counter affidavit shall be granted to any ofthe respondents, considering the urgency ofthe matter. ii. On such counter affidavit being filed,the petitioner may file rejoinder thereto before the next date ofhearing. iii. The visually impaired students offinal semester/term/year of UG and PG programmes of DU, if able to, even if with difficulties, to endeavour to participate in the open book examination announced by the Delhi University and W.P.(C)3411/2020 Page4of[6] 2020:DHC:3955-DB commencing from 2^^ July, 2020 and if such students procure any text books in accessible foitn and/or assistive devices, as aforesaid, costs upto total ofRs.[2] lalchs shall be reimbursed to them. iv. As and when a second round of open book examination is held, which as per the University is to be held in September 2020, the visually impaired students, even if have participated in the open book examination commencing from 2"^^ July, 2020, would be again entitled to appear in such examination, including to improve their score in the said examination.

V. The visually impaired students may approach their respective institutes/colleges tor any assistance required, including provision of reading material/text books, in accessible form and assistive devices. Upon any student so approaching the Institute/College of DU,the said Institute and/or College is directed to supplythe reading material/text books in accessible form and the assistive devices. vi. If any student approaches the respondent No. 2 DU for assistance in arranging a scribe, to enable the visually impaired studentto take their examination,DU to also make best efforts for arranging for such scribe/scribes. vii. Merely because the visually impaired student/s participate in the open book examination scheduled to commencefrom 2"'' W.P.(C)3411/2020 ^ 2020:DHC:3955-DB ■v^ Vlll.

IX. July, 2020, would not disentitle them to the relief if ultimately granted in this petition, as claimed therein, i.e. of assessment on the basis of performance in the earlier semester and /or on the basis of internal assessment. The respondent No. 2 DU and all its affiliate institutes/colleges are directed to, notwithstanding the aforesaid, as and when approached by any visually impaired student/s for any assistance, to render all such assistance and in the event of any such assistance being denied, such visually impaired student/s may contact Prof. Vinay Gupta, Dean (Examination) ofDU in that respect. DU shall remain bound by all the concessions given during the hearing of this petition on earlier dates as well as the concessions contained in the written submissions made by DU. th

13. List on 13 July 2020 RAJIV SAHAIENDLAW, J. ASHA MENON, J. JUNE 17, 2020 pkb/s W.P.(C) 3411/2020 2020:DHC:3955-DB $~VC-8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)3411/2020,C.M.Appl.No.12111/2020(for stay & directions)

NATIONAL FEDERATION OF THE BLIND Petitioner Through: Mr.S.K.Rungta,Senior Advocate in person versus UNION OF INDIA & ORS Through: Respondents Mr.Vivek Goyal,CGSC,for respondents No. 1 and 4 Mr.Sachin Dutta,Senior Advocate with Mr.Mohinder Rupal,Mr. SumitParal, Advocates for respondent No.2-University of Delhi Mr.Apoorv Kurup and Ms.Nidhi Mittal, Advocates for respondent N0.3-UGC % CORAM: HON'BLE MR.JUSTICE RAJIV SAHAIENDLAW HON'BLE MS.JUSTICE ASHA MENON ORDER 13.07.2020 IVIA VIDEO CONFERENCING] W.P.(CI 3411/2020 & C.M. Appl. No.12111/2020 (for stay & directions) W.P.(C)3411/2020 Page 1 of[4] 2020:DHC:3955-DB \ y

1. The challenge in this petition to the notifications dated 30"^ May, 2020 and P' June, 2020 of the respondent No.2 Delhi University(DU),for holding open book examination remotely for the final year/term/semester students of the various undergraduate/postgraduate programmes/courses ofthe respondent No.2 DU and its affiliated colleges, is inter alia on the ground that the same is against the rights of students with visual impairment and other disabilities under the Rights of Persons with Disability Act,2016.

2. The petition had come up first before us on 9'*^ June, 2020, when though we were informed that another petition in this respect, being W.P.(C)3199/2020 was listed before a Bench presided by Justice Hima Kohli on 24"^ June, 2020, but since the open book examination was scheduled tentatively with effect from U' July, 2020, it was felt that ifthis petition also was posted for 24"' June, 2020, by that time delay incapable of being cured may be caused. We had, therefore, entertained the petition, heard the counsels and vide detailed order dated l?'" June, 2020,issued certain directions with respect to the examination and schedule thereof and posted the petition for today for final hearing.

3. In the meanwhile, we have been reading in the newspapers of the proceedings in W.P. (C) 3199/2020 as well as of the notification issued by the respondent No. 3 University Grants Commission(UGC). The counsel for the DU also infonns that he has mailed to us an affidavit setting out all the proceedings in WP W.P.(C)341 1/2020 Page 2of[4] 2020:DHC:3955-DB V (C)No. 3199/2020 and enclosing the orders passed therein. The same be taken on record.

4. We have enquired from S.K. Rungta, Senior Advocate, appearing in his personal capacity as the petitioner, whether not in view of the deferment and thereafter cancellation of the examination which was scheduled, the petition has become infructuous.

5. Mr. S.K. Rungta, Senior Advocate disagrees and contends that as per the directive ofthe UGC,the examination is now to be held by September and the problems as highlighted in this petition continue.

6. We have also asked Mr. S.K. Rungta, Senior Advocate, whether he has spent any money out ofthe maximum amount of Rs.[2] lakhs which we had permitted him to spend and assured that the same will be got reimbursed. '.y 7. Mr.S.K.Rungta,Senior Advocate says thatthe occasion for spending the said money did not arise.

8. We have enquired from the senior counsel for DU,whether W.P.(C) No. 3199/2020 pending before the Bench presided by Justice Hima Kohli has been disposed of.

9. The Counsel for DU states that the petition is pending and is listed next tomorrow. W.P.(C)3411/2020 Page 3of[4] 2020:DHC:3955-DB

10. Mr. S.K. Rungta, Senior Advocate states that only the contempt proceedings are listed tomorrow.

11. It is apposite that all the petitions concerning the examination are heard and decided by one Bench only, to avoid conflicting orders and any further chaos.

12. We thus deem it proper that, subject to the orders of the Hon'ble ChiefJustice, this petition also be listed before the Bench presided by Justice Hima Kohli tomorrow, along with W.P.(C) 3199/2020.

13. On the request of Mr. S.K. Rungta, Senior Advocate appearing in person,it is clarified that the directions issued on 17"^ June,2020,remain.

14. List before the Bench presided by Justice Hima Kohli, alongwith WP(C)No.3199/2020,on 14.07.2020.

RAJIV SAHAIENDLAW,J. ASHA MENON,J. JULY 13,2020 pkb V W.P.(C)341 1/2020 Page4of[4] 2020:DHC:3955-DB $-13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)3411/2020 &CM 12111/2020(stay)

VERSUS

UNION OFINDIA& ORS..... Respondents Through:Mr.Vivek Goyal,CGSC for UOI/R-I & 4. Mr. Sachin Datta, Senior Advocate with Mr. Mohinder JS Rupal and Mr. Hardik Rupal, Advocates for University ofDelhi CORAM: HON'BLE MS.JUSTICE HIMA KOHLI HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD ORDER % 14.07.2020 HEARD THROUGH VIDEO CONFERENCING

1. This petition has been placed before this Bench today.

2. Mr. Santosh Kumar Rungta, Senior Advocate, General Secretary of the petitioner/National Federation ofthe Blind states thatthe presentpetition was listed before Division Bench-VI and vide order dated 13.07.2020, the same has been directed to be placed before this Bench.

3. We do not have the benefit ofthe order passed on 13.07.2020,as it is not a part ofthe record.

4. Listfor consideration on 23.07.2020. HIMA KOHLI,J SUBRAMONIUM PRASAD,J JULY 14,2020 hsk 2020:DHC:3955-DB $-4,5,6&7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)3199/2020,C.M.Nos. 11708/2020,15049/2020 PRATEEK SHARMA AND ANR Petitioners Through:Petitioner No.l and 2in person.

VERSUS

UNION OFINDIA &ANR. Respondents Through:Mr.Chetan Sharma,ASG with Mr.Ripudaman Bhardwaj,CGSC and Mr.Kushagra,Advocatefor R-1 and R-2. ^ Ms.Nidhi Mittal,proxyfor Mr.Apoorv Kurup, ^ Advocatefor UGC. Mr.Sachin Datta,Senior Advocate with Mr.Mohinder J.S.Rupal and Mr.Hardik Rupal, Advocatesfor University ofDelhi AND ^W.P.(C)3411/2020,C.M.No.12111/2020(Stay)

VERSUS

41 UNION OFINDIA &ANR. Respondents Through: Mr.Vivek Goyal,CGSC for R-1 and R-4. Mr.Sachin Datta,Senior Advocate with Mr.Mohinder J.S.Rupal and Mr.Hardik Rupal, Advocates for University ofDelhi Ms.Nidhi Mittal,proxy for Mr.Apoorv Kurup, Advocate for UGC. WP(C)No.3199/2020& connectedmatters Page[1] of[3] 2020:DHC:3955-DB AND W.P.(C)4002/2020,C.M.No.14376/2020(Stay)

AKSHAY LAKRA & ORS. Petitioners Through:Mr.Harpreet Singh Hora,Mr.Perdeep Kumar Naagar and Mr.Arun Hooda and Mr.AmitK.Sharma,Advocates versus UNIVERSITY OF DELHIAND ORS. Respondents ThroughiMr.Sachin Datta,Senior Advocate with Mr.Mohinder J.S.Rupal and Mr.Hardik Rupal, Advocates for R-1/University ofDelhi ^ Mr.Sunil J.Mathews,Mr.Tasmin Singh ^ and Mr.Ashim Dua,AdvocatesforR-4/DUTA Ms.Nidhi Mittal,proxy for Mr.Apoorv Kurup, Advocate for UGC. AND W.P.(C)4029/2020,C.M.Nos.14445/2020 and 15048/2020 KABIR SCHDEVA Petitioner Through: Mr.Manik Dogra,Mr.Dhruv Pande and Mr.Randeep Sachdeva,Advocates versus UNIVERSITY OF DELHIAND ORS. Respondents Through:Mr.Sachin Datta,Senior Advocate with Mr.Mohinder J.S.Rupal and Mr.Hardik Rupal, Advocatesfor R-1/University ofDelhi Ms.Supama Srivastava,CGSC with Mr.Tushar Mathur,Advocate for R-2/U0I Ms.Nidhi Mittal,proxy for Mr.Apoorv Kurup, Advocate for UGC. WP(C)No.3199/2020& connected matters Page2of[3] 2020:DHC:3955-DB CORAM: HON'BLE MS.JUSTICE HIMA KOHLI HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD ORDER % 23.07.2020 HEARD THROUGH VIDEO CONFERENCING

1 At the outset, we have been informed by learned counsel for the parties thatsome petitions have been filed before the Supreme Courtthat are to be listed today and some others likely to be listed tomorrow and the petitioners therein have laid a challenge to the Guidelines issued by the UGC, permitting Central Universities to go ahead with the examinations, either by adopting the offline mode,or the on line mode or a blend ofboth.

2. In view ofthe aforesaid submission,it is deemed appropriate to defer orders on these petitions.

3. By the next date, learned counsel for the University of Delhi shall keep handy,the date ofthe first mock test that shall conclude on 27.7.2020 and an officer competentto assist Mr.Datta,learned Sr.Advocate appearing forthe University ofDelhi,shall also remain presentin the hearing.

4. List on 28.7.2020 atthe end ofthe board. HIMA KOHLI,J SUBRAMONIUM PRASAD,J JULY 23,2020/ap WP(C)No.3199/2020& connected matters Page3of[3] 2020:DHC:3955-DB $-5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)3411/2020,C.M.No.12111/2020(Stay)

VERSUS

UNION OFINDIA&ANR. Respondents Through: Mr.Vivek Goyal,CGSC for R-1 and R-4. Mr.Mohinder J.S.Rupaland Mr.Hardik Rupal, Advocatesfor R-2/University ofDelhi Mr.Apoorv Kurup and Ms.Nidhi Mittal, Advocates for R-3/UGC. CORAM: HON'BLE MS.JUSTICE HIMA KOHLI HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD % ORDER 28.07.2020 HEARD THROUGH VIDEO CONFERENCING

1. Mr. Rungta, learned Senior Advocate appearing for the petitioner states thatthough the additional affidavitfiled by the petitioner underIndex dated 11.7.2020, has been taken on record,the respondent No.2/University ofDelhi has notfiled areply so far.

2. Mr. Rupal, learned counsel for the respondent No.2/University of Delhi confirms havingreceived acopy ofthe additional affidavitfiled bythe petitioner and states that he shallfile areply thereto. WP(Q No.3411/2020 Page1of[2] 2020:DHC:3955-DB -3-7

3. Reply affidavit shall be filed by tomorrow with a copy to learned counselfor the petitioner.

4. Liston 30.7.2020,along with W.P.(C)No.3199/2020. -%■ JULY 28,2020 ap/rkb HIMA KOHLI, J SUBRAMONIUMPRASAD, J WP(C) No. 3411/2020 Page 2 of[2] 2020:DHC:3955-DB ')r $-7,8&9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)3199/2020,C.M.Nos.11708/2020,15049/2020& 16739/2020 PRATEEK SHARMA AND ANR Petitioner Through Mr. Kapil Sibal, Senior Advocate with Mr. Nizam Pasha, Advocate with petitioners No.1 and 2in person.

VERSUS

UNION OFINDIA AND ANR Respondent Through Mr. Ripudaman Bhardwaj, CGSC, Mr. Kushagra, Mr. Sahaj, Advocates and Mr. Dinesh Tyagi,CEO ofCSE Academy for R-1 and R-2. Mr. Apoorv Kurup and Ms. Nidhi Mittal, Advocates for UGC. Mr. Sachin Datta, Sr. Advocate with Mr. Mohinder J.S. Rupal, Mr. Hardik Rupal, Advocates and Professor Vinay Gupta for University ofDelhi. > W.P.(C)3411/2020& C.M.No.12111/2020(stay)

NATIONAL FEDERATION OF THE BLIND Petitioner Through Mr. S.K. Rungta, Sr. Advocate in person with Mr.SumitPargal,Advocate.

VERSUS

UNION OFINDIA& ORS Respondent Through Mr.Vivek Goyal,CGSC for R-1 &4. W.P.(C)3199/2020& connected matters Page1of[7] 2020:DHC:3955-DB '2C Mr. Apoorv Knrup and Ms. Nidhi Mittal, Advocates for UGC. Mr. Sachin Datta, Sr. Advocate with Mr. Mohinder J.S. Rupal, Mr. Hardik Rupal, Advocates and Professor Anil Anejafor University ofDelhi. + W.P.(C) 4029/2020, CMs. No.14445/2020 (interim direction) & 15048/2020(on behalfofthe applicantfor intervention)

VERSUS

DELHIUNIVERSITY&ORS. Respondent Through Ms. Supama Srivastava, CGSC with Mr.Tushar Mathur,Advocate for R-2/U0I. Mr. Apoorv Kurup and Ms. Nidhi Mittal, Advocates for UGC. Mr. Sachin Datta, Sr. Advocate with Mr. Mohinder J.S. Rupal, Mr. Hardik Rupal, Advocates and Professor Vinay Gupta for University ofDelhi. CORAM: HON'BLE MS.JUSTICE HIMA KOHLI HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD ORDER % 30.07.2020 W.F.(C)3199/2020&connectedmatters Page2of[7] 2020:DHC:3955-DB HEARD THROPGH VIDEO CONFERENCING

1. On 28.7.2020, we had directed the Delhi University(in short,'DU')to file an affidavit,furnishing the following information:- "3. Lastopportunity is granted to the Delhi University tofile an affidavit. The said affidavit shall alsofurnish the details ofnumber ofstudents who have participated in the mock test, the number ofstudents who were unable to upload their answer sheets within the prescribed time and the number of complaints receivedfrom students regarding technical glitchesfaced by them during the mock test. It shall also be indicated as to how many students had optedfor thefacility ofCSE Centresfor the mock exam and how many actually used the facility. Details of the PWD category of students with a sub category ofvisually impaired students who had applied for participating in the online OBE and those who had participated in the mock test be also furnished in a tabulatedform."

2. Further,we had askedforinformation as set outin para[6] ofthe order, which is extracted below:- "d. The court would also like to be informed that out of[2],75,000students, who have submitted applications to participate in the online OBEproposed to be conducted by Delhi University in August, 2020, how many students have opted for a CSE Centre for downloading the question paper and uploading the answer sheets. Out of those students who have sought the facility of a CSE Centre, how many students are situated at remote places and whether the CSE Centres at the said locations are fully equipped." W.P.(C)3199/2020& connectedmatters Page3of[7] 2020:DHC:3955-DB

3. Pursuant to the aforesaid order, an additional affidavit has been filed by the University ofDelhi and the CSE Academy. The Delhi University has reproduced a tabulated statement in para 2(b)ofits affidavit, which relates to the data collated for the first two days ofthe first phase ofthe Mock test conducted on 27.7.2020 to 29.7.2020,which is as follows:- 27and28July(Combined)

DU SOL Total (Regular +NCWEB+ SOL) TotalRegistered 72614 109623 182237 TotalLoggedin Student 45412 24689 70101 TotalPaper'sAttempted 27393 11766 39159 TotalPaperSubmitted 16386 5986 22372 Total UploadRecorded 85530 24790 110320 PwDStudents(All) TotalRegisteredPwD 647 187 384 TotalLoggedin StudentPwD 416 70 486 TotalPaper'sAttemptedPwd 227 34 261 TotalPaperSubmittedPwD 128 14 142 Total UploadsPwD 736 42 778 Only VH RegisteredStudents VH 149 33 182 PaperAttempted VH 54 10 64 PaperSubmitted 29 3 32

4. Mr. Datta, learned Senior Advocate appearing for DU states that out of[2],43,823 students who have submitted their examination forms, 1,82,237 students have registered on the portal ofthe University during the firstphase ofthe Mocktest. Outof[1],82,237student,only 74,180 students havelogged W.P.(C)3199/2020& connected matters Page4of[7] 2020:DHC:3955-DB in and 39,159 students have attempted the question papers. The aforesaid figures revealthat8% ofthe total number ofstudents who had registered on the portal ofthe University have participated in the first phase ofthe Moek test. Thesefigures are notvery encouraging to saythe least.

5. The data relating to students in the PWD category and the visually handicapped(VH)category are equally dismal. Mr. Datta, learned Senior Advocate states that the data in respect ofthe third day ofthe first phase of the Moek testi.e.for 29.7.2020,could not be collated due to paucity oftime and ifgranted another opportunity then, not only will the collective data of the first phase ofthe Mock test be produced,the data ofthe second phase to be conducted fi-om 1.8.2020 to 4.8.2020, shall also be produced in a tabulated form.

6. Due to paucity of time and to avoid any delay, the tabulated statements analogous to the one reproduced hereinabove shall be prepared separately for the first phase and the second phase ofthe Moek tests and placed on record before the next date ofhearing.

7. Mr. Rungta, learned Senior Advocate appearing for the petitioner in W.P.(C)3411/2020 states that about 189 students have requested DU to arrange scribes for them. Vide letter dated 03.07.2020, information was sought by the DU from all Colleges, Departments etc. relating to the name, course, semester, contact details, location, details of the material required and its cost to be incurred by the PWD students and the said information was duly furnished. Despite that, DU has not arranged reading material, assistive devices and scribes for them atthe CSE Centres. W.F.(C)3199/2020&connectedmatters Page5of[7] 2020:DHC:3955-DB

8. On the last date of hearing, it was the stand of DU that the CSE Aeademy is required to arrange scribes for VH students. However, Mr.Dinesh Tyagi,CEO ofthe CSE Academy is presentinthe hearing and he has categorically stated that it is not the duty of the CSE Academy to arrange a scribe atthe CSE Centres. Quite clearly,it is the responsibility of the Delhi University to make scribes available for the VH students. Otherwise,the whole process of conducting the OBE online examinations forthem would be reduced to a mockery.

9. We have been furtherinformed byDU that about60 visually impaired students have requested for scribes. Out of the said number, 58 have requested for scribes at their homes whereas 2have requested for scribes at the CSE Centres. The aforesaid figures are at variance with the figures furnished by Mr. Rungta, learned Senior Advocate, who states that 107 students have made requests for scribes. We have been informed by Prof. Aneja that out of400 VH students,information regarding 229 students was fiimished to the Delhi University in response to the letter dated 03.07.2020. Out of 229 students, 101 students are based outside Delhi and the NCR region whereas,94 students are in Delhi and 20 students reside within the NCR region. 14 students did not give any details oftheir location. This shows that DU has ample information available with it with regard to the requirement of scribes for VH students who are not based in Delhi. Mr. Rungta, learned Senior Advocate states that the letter dated 03.07.2020, issued bythe University Delhi had also sought details aboutthe requirement of assistive devices and reading material for the VH students and the said information should also be available with DU. JV.P.(C)3199/2020&connected matters Page6of[7] 2020:DHC:3955-DB M\

10. On the next date of hearing, the Delhi University shall clarity the position withregardto arrangementofscribes atCSECentresandelsewhere for the students in the VH category to enable them to participate in the online QBE. List on 5.8.2020. HIMA KOHLI,J SUBRAMONIUM PRASAD,J JULY 30,2020 NA/rkb W.P.(C)3199/2020& connected matters Page 7of[7] 2020:DHC:3955-DB * + PRATEEKSHARMAAND ANR p • rpi i n, Petitioners Through:Mr.KapilSibal,Sr.Advocatewith Mr.Nizam Pasha with petitionersNo.l and2inperson.

VERSUS

UNION OFINDIA&ANR. ^ou^:Mr.ChetanSharma,ASGwT"''^"'' Mr.RipudamanBhardwaj,CGSC Kusha^aandMr.Sahaj.Advocates for R-1 and R-2. Mr.Apoorv Kurup and Ms.Nidlu Mittal,AdvocatesforUGC. SachmDatta,SeniorAdvocate with MohinderIS.RupalandMr.HardikRupal AdvocatesforUniversityofDelhi ' AND.^^P.{C)3411/2020,C.M.No.12111/2020(Stay) nationalFEDERATIONOFTHEBLIND Petitioner Through:Mr.S.K.Rungta,Sr.Adwcate in person.

VERSUS

UNION OFINDIA&ANR. ^ou^:Mr.VivekGoyal,CGSC R-1 andR-4. Advocate with Z' J-S- Rupaland Mr.HardikRunal AdvocatesforUniversityofDelhi ' Mr.ApoorvKurup and Ms.NidhiMittal,AdvocatesforUGC. WP(C)No.3199/2020&connectedmatters Pagelof[8] 2020:DHC:3955-DB W.P.(C)4029/2020,C.M.Nos.14445/2020and 15048/2020 KABIRSCHDEVA rp. 1,, Petitioner teough:Mr,MimkDogra,Mr.DhruvPandeand Mr.Randeep Sachdeva,Advocates versus universityofDELHIAND ORS o ^ough:^SachinDatta.Seni'o/ASttS, MohmderJ.S.RupalandMr.HardikRupal AdvocatesforR-1/UniversityofDelhi Ms.Supama Srivastava,CGSC with TusharMathur,AdvocateforR-2/U0I ApoorvKurupand Ms.Nidhi Mittal CORAM: AdvocatesforUGC. HON-m^ HMAKOHLI LEMR.JUSTICESUBRAMONIUMPRASAD 0/ order 05.08.2020 HEARDTHROUGHvrr^EpcONFFPFivrr^T^vy^ LhTt been tabulated t' o" ^ tabulated statementofthefnstphaseand second phase ofthe Mock tests conductedfrom.7.7.2020to29.7.2020andfrom 0t.S.2020to04.8.202! rejecttvely^ On the last date,though it was submitted on behalfofthe versttyt atthedatarelatingto thefirstphaseofthe Mocktestwillnot ^ofZ-"""" ^ «8btonthe rZcTt Mock test.s more abysmal than that ofthe firstphase. Wehad ZZZ'^T" e data relating to the second phase ofthe Mock test No.3199/2020&connectedmatters Page2of[8] 2020:DHC:3955-DB is extracted herein below:- (Asperdataavailabletill06:45pmon04.08.2020) 2°''Phase Mock Test Ph II(upto 06:45pm) DU(UG+NCWEB+PG) SOL OI-Aug 02-Aug|03-Aug TotalRegisferpi TotalLogged In Students ^^ ~^-Aug 03-Aug I 04-Au^~TotaP Total Paper's Attempted Total Paper Submitted Total Upload Recorded TotalRegistere PwD Total Logged in StudentPwD TotalPaper's Attempted PwD TotalPaper 19530 1,86,814 8212 10004 6920 7800 9333 5081 8713 75593 18248 4083 8316 2709 3408 6809 2328 5275 51176 9021 2085 3711 1306 1533 3001 1036 2000 23693 61471 12522 25764 8047 8542 16181 5580 10849 148956 30 11 186 22 98 11 11 202 45 1209 TotalUpload 101 23 64 SubmittedPwD Total Upload PwD TotalRegisters PwD(VHAaS) TotalLogged in StudentPwD (VHA^IS) TotalPaper's Attempted PwD (VHmS) TotalPaper Submitted PwD (VH/VIS) fyP(C)No.3199/2020&connectedmatters Page3of[8] 2020:DHC:3955-DB ■ companson ofthe datarelatingto the&stphase ofthe Mock test visa-visthesecondphaserevealsthatasagainst[1],83,376students whohad registeredtoparticipateintheOBEexaminationinthefirstphase,1,86814 Shrdentehadregisteredthemselvesinthesecondphase.Thetotalnumbjrof «It. adloggedin,m thesecondphase.Thetotalnumberofpapers attempted by the students in the first phase wete 60,181 whereas.In the secon phase,thetotal number ofpapersattempted were 51,176.The total er ofpaperssubmitted in thefirstphase were33,162whereas,inthe se^-dphasethetotalnumberofpaperssubmittedwere23,693.Evenforfite WDcategorystudentsandVHstudents,thedataofthesecondphaseofthe Mocktestisnobetter.hanthatofthefimtphase,ifnotwoise.TLsarar m cation that the final year students are not thoroughly prepared to Uelhihasproposed to conduct. Tj •. Advocateappearingforthe d":r:;:2r" " the OBE on-line examination, would have the option oftaking the examinationphysicallywheneverItisconductedinthemonthofSepteL^ I..E.»H QBE d n"™ " """"P*''*"^""Sh the on-line OBEmode,thenhe/shewillnotgetanopporhmitytositforthatpaperwhen heexaminationisconductedphysically.

4. inViewofthedifficultiesthatthestudentsinthegenem,categoryaie No.3199/2020&connectedmatters Page4of[8] 2020:DHC:3955-DB M' tha te? °P-on eltdTT" to the general oategoty students. Learned Senior Advoeate W for the university has readily agreed to the said suggestion ordmgly,,t ts direeted that all final year students who ate not in a posthon to partieipate in the OBEexantination. willhave the option to sit P ystotllyforthe examslater on.notwithstandingthefactthathe/she had z "I~r• -• ocate that if the answer sheet has been e-mailed or upoaded by a studentin respect ofany subject,then for that particular subject,thestudentwillnotbepermittedtositforthephysicalexamination econductedsoon. He/shecanonly betterhis/herresult bytakingthe L "" "■ -—pi-,.pfc sts, we have next enquired from learned Sr. Advocate as to wheflter the ny themanner ofsubmittingthe answer sheets inthe OBEon-linemode bebyuploadingtheanswersheetsonthewebsiteoftheUniCr; Delhutow ichtheanswergivenisthatthestudentswouldhavetwoopi: ^ eIStouploadtheanswersheetsandtheotheristoscantheanswersheets' e-madthemtotheUniversity,withintheprescribedtimeline ntosto7th!'1"' --dthat above -t options mentioned aboveandit wouidonlybeappropriate,iftheUniversityis directedt! mad the Notice/Circular issued in tb„t a ^ ™ed in that regard to all the students for their ffP(QNo.3199/2030&afitnecteOmatters Page5Of[8] 2020:DHC:3955-DB -z:;: rr" ■--—-- » »....,.rrjiT"'"■"—" IDsarereadilyavailable. UnivemtyofDelh' ' d' tomorrow evening since the ^J ° needlnlby commenceon lO.S 2nan examinations are scheduled to socialdistancLrr.!temlr" Universityandgatherthereinrrd"lr'"alv'''t "" -catesaltercleaHngtheexamini:; '0e-mailthecertificatestothem withthedigital^ """"g Officer affixed thereon Mr n tt j ofthenominated -Ctcanbeexam::I:'^edIrdlr^ ^ the final year student can i. ^ mversity will ensure that certificatesatedigitallysigneTan:^rdrtLtiir""'' The timeline for issuing the a "tireasonable time. UniversityofDe,hionthenextdlofCr students may not even ht:. • • VH aynotevenbe,napositiontoparticipateintheORPn r oftheexaminationandtheywouldprefertowaitforthet! to conduct thefinalyear examinationsphysically1tlT"'' required facilities In such c- ^ intve the thePWDandVHcategoiyoZT"""? ® Ofstudentsdoesnotneedtodetainthiscourtany f^P(C)No. 3199/2020 Ji, c iyy^2U2u& connectedmatters Page6of[8] 2020:DHC:3955-DB feher. Atthesame time,it is made clearthat such ofthePWD/VH students whohave madearequestforscribesatthe CSC Cent u, providedonebytheUnivemitv Th. r ■/ ' HshtOfthestatementmade" c thelastdateofhearingthat[1] ' ™ suchstudents at the CSC Cent to --teammgemen? iH goingtheretoparticipatein theon-lineQBEmod f intimatedtheUniversity oftheir d • • ■ ^ ® ®^^™ationandhave decisionm advance.It is for the TTntNr toprovide scribes to thePWDA/R cti ^ ersity "icr wu/VH students directlv or wfth ti,« o •. theMinistrv/rsr pr. assistance of imistry/CSC Centres, asmaybe feasible. 9- ^f-^trngta,learnedSr.Advocatehasveiygracefullvtalce n- -«,«, I r"™r need one subiert tr. tu students who one, subject to the same beingreturned tohim to at the end of th exammations. He however states that at t material/textbooks that fo prescribed case «.i T cir smaents be lurmshed to the VHstudents hv ihr. tt • extmordinarysituation,wheremostofthemhavehadtoleavrru " campus and go back to their native places and do t u " systeminplace there He h ® support Placethere.HehastenstoclarifythatthoseVHstudents willnetu m aposrtron to participatein the OBE on-line mode f commence on I0.S.2020 and they JrhTd examinationsareconductedphysicallybytheUniversify " VH ~-s.tfortheexammatronphysically,tosendane-mail mC)No.3199/2020&connectedmatters Page 7of[8] 2020:DHC:3955-DB HA to the Dean (Examinations) to provide them the prescribed reading matenal/textbooksofvarioussubjectsinanaccessibleform.Uponreceiving sucharequest,the Universitythroughits colleges/institutionsandanyother Agency shall make available at least two prescribed text books/reading materialmaccessibleforminrespectofeachpapertotheconcernedstudents withmthreeweeksfromthedateofreceivingsucharequest. n. Ithasalso beenstatedon behalfofthe UniversilyofDelhithatthose students who shall participate in the online QBE examination and wish to secure admission in aPG course offered bythe University,will begranted provisional admission subject to their clearing the entrance examination prescribed for the said course. The University is bound down to the said Statement. 12- As It IS stated on behalfofthe University ofDelhi that more time wouldbeneededtorevertbackwiththeexactdatebywhichtheresultsofthe malyearstudentswhoproposetositintheonlineQBEexaminationwillbe eclared,theyaregranted 10daystofileanaffidavitclarifyingtheaforesaid position. Itshallalsobestated astohow manystudentshadactuallylogged m to participate in the online QBE examination and the assessmentofthe numberofstudents whowilltaketheexaminationphysically atalaterdate to beindicated bythe University.

13. Listen 17.08.2020. AUGUST05,2020/ap/a himakohli,j SUBRAMONIUMPRASAD,J fVP(CJ No.3199/2020&connectedmatiers Page8of[8] 2020:DHC:3955-DB $-4,[5] &6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)3199/2020,C.M.Nos.11708/2020,15049/2020 PRATEEK SHARMA AND ANR Petitioners Through:Mr.Nizam Pasha with petitioners No.l and 2in person.

VERSUS

UNION OFINDIA&ANR. Respondents Through:Mr.Chetan Sharma,ASG with Mr.Ripudaman Bhardwaj,CGSC, Kushagra Bansal, Mr. R.V. Prabhat, Mr. Amit Gupta and Mr.Sahaj Garg,Advocates for R-I and R-2. Mr.Apoorv Kurup and Ms.Nidhi Mittal,, Advocates for UGC. Mr.Sachin Datta, Senior Advocate with Mr.Mohinder J.S.Rupal and Mr.Hardik Rupal, Advocates for University ofDelhi Mr.B.B.Gupta,Sr.Advocate,Member ofthe Grievance Committee. AND,^^.P.(C)3411/2020,C.M.No.12111/2020(stay)

VERSUS

UNION OFINDIA&ANR. Respondents Through: Mr.Vivek Goyal,CGSC for R-1 and R-4. Mr.Sachin Datta,Senior Advoeate with WP(C)No.3199/2020& connected matters Page[1] of10 2020:DHC:3955-DB Mr.Mohinder J.S. Rupal and Mr.Hardik Rupal, Advocatesfor University ofDelhi Mr.Apoorv Kurup and Ms.Nidhi Mittal, Advocates for UGC. Mr.B.B.Gupta,Sr.Advocate,Chairman ofthe Grievance Committee. AND W.P.(C)4029/2020,C.M.Nos.14445/2020 and 15048/2020 KABIR SCHDEVA Petitioner Through:Mr.Manik Dogra,Mr.Dhruv Pande and Mr.Randeep Sachdeva,Advocates versus UNIVERSITY OF DELHI AND ORS. Respondents Through: Mr.Sachin Datta,Senior Advocate with Mr.Mohinder J.S.Rupal and Mr.Hardik Rupal, Advocates for R-1/University ofDelhi Mr. Amir Singh Pasrich, Advocate for intervener in C.M.No.15048/2020 Ms.Supama Srivastava,CGSC with Mh.Tushar Mathur,Advocate for R-2/U0I Mr.Apoorv Kurup and Ms.Nidhi Mittal, Advocates for UGC. Mr.B.B.Gupta,Sr. Advocate,Chairman ofthe Grievance Committee. CORAM: HON'BLE MS.JUSTICE HIMA KOHLI HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD ORDER % 17.08.2020 HEARD THROUGH VIDEO CONFERENCING

1. Pursuant to the order dated 05.08.2020, an additional affidavit has WP(C)No.3199/2020& connected matters Page2of10 2020:DHC:3955-DB been e-mailed to this court by Mr. Rupal,learned counsel appearing for the Delhi University through the Court Master only this morning,signed by the data ofstudents who have appeared in the OBE mode ofexaminations that had commenced on 10.08.2020.

2. Mr. Sachin Dutta, learned Senior Advocate appearing for the Delhi University submits that on the very first date,i.e., on 10.08.2020, as against 79,438 students who had registered with the University to sit for the online OBE examination, 38,058 students were expected to take the examination and 36,663 students had actually participated in the examination and 33,957 students had attempted the papers. Similarly, the SOL students registered in the system were 1,35,341 and out of the said number, the students expected to sit for the examination on 10.08.2020, were 24.794. The students who had actually attempted the paper were 14,620 and the number of students who submitted their answer-sheets were 10,803. The total number ofstudents who had registered in the system in the PWD category were 769. The number of students who had registered for taking the examination on that date were 358. Out of358 students,308 had attempted the paper and 258 had submitted their answer-sheets.

3. On 11.08.2020,the total number ofstudents who had registered m the system increased to 79,575.The total number ofstudents who were expected to take the examination on that date were 37,989. The students who had actually attempted the paper were 32,071 and those who submitted their papers were 26,314. Similarly, the SOL students registered in the system were 1,38,366 and outofthe said number,the students expected to sitforthe examination on 11.08.2020, were 81,046. The students who had actually WP(C)No.3199/2020&connectedmatters Page3of10 2020:DHC:3955-DB ■) attempted the paper were 50,358 and the number of students who submitted their answer-sheets were 42,653. The total number of students who had registered in the system in the PWD category were 778. The number of students who had registered for taking the examination on that date were

336. Out of 336 students, 276 had attempted the paper and 231 had submitted their answer-sheets.

4. On 12.08.2020, the total number of students who hadregisteredin the system had increased to 79,605. The total number of students who were expected to take the examination on that date were 380. The students who had actually attempted the paper were 49 and those who submitted their papers were 35. The total students who had registered in the system in the PWD category were 779. The students who actually attempted the paper were 2 andboth ofthemhave submitted their papers.

5. On 13.08.2020, the total number of students who hadregistered in the systemincreasedto 79,824. The totalnumber of students who were expected to take the examination on that date were 48,220. The students who had actually attempted the paper were 45,637 and those who submitted thenpapers were 40,366. Similarly, the SOL students registered in the system were 1,44,958 and out ofthe saidnumber, the students expectedto sit for the examination on 13.08.2020, were 98,825. The students who had actually attempted the paper were 79,534 and the number of students who submitted their answer-sheets were 63,227. The total number of students who had registered in the system in the PWD category were 294. The number of students who had registered for taking the examination on that date were

177. Out of 177 students, 160 had attempted the paper and 145 had submitted their answer-sheets. fVP(C) No. 3199/2020& connectedmatters Page 4 of10 2020:DHC:3955-DB 5'

6. On 14.08.2020,the total number ofstudents who had registered in the system increased to 79,922.Thetotal number ofstudents who were expected to take the examination on that date were 38,785. The students who had actually attempted the paper were 32,520 and those who submitted thenpapers were 31,515. Similarly, the SOL students registered in the system were 1,46,479 and outofthe said number,the students expected to sitforthe examination on 14.08.2020, were 1,13,432. The students who had actually attempted the paper were 74,473 and the number ofstudents who submitted their answer-sheets were 61,235. The total number of students who had registered in the system in the PWD category were 785. The number of students who had registered for taking the examination on that date were

340. Out of 340 students, 293 had attempted the paper and 256 had submitted their answer-sheets.

7. Mr. Sachin Dutta, learned Senior Advocate appearing for the Delhi University points out that the aforesaid figures do not factor in those students who have e-mailed their answer-sheets and the data relating to the said students is still being collated. After collating the figures by including the answer scripts ofthose students who have sent the same by e-mail,the same befurnished in atabulated form alongwith afresh affidavit.

8. We have enquired from Mr. Dutta, Senior Advocate as to the date when the examinations will be conducted physically for those students who have not opted for the online mode of OBE examination. Learned Senior Advocate states that as per his instructions, the University will commence the physical examinations only after 20.09.2020. We are ofthe opinion that the aforesaid timeline is quite unreasonable,particularly since earlier hereto, the University had stated that only when they see as to how many students WP(C)No.3199/2020&connectedmatters Page5of10 2020:DHC:3955-DB actually participate in the online mode ofexamination, would they have an idea as to the number ofleft over students. By now,the on-line OBE mode ofexaminations have been conducted for an entire week. There should have been enough data thrown up for the University to analyse the number of students who intend to sit for the examination physically, in September,

2020.

9. We are ofthe opinion thatthe University should expedite conducting physical examinations so that the entire process can be over at the earliest. Though we are informed that at least two weeks are required after the on line examinations are over on 31.08.2020,for the University to gear up,we are of the opinion that physical examinations should commence by 08.09.2020. However,since Mr.Sachin Dutta, Senior Advocate pleads that that would be too shorter a time and there is immense pressure on the available manpower,Delhi University is directed to commence the physical examinations by 14.09.2020.Learned counsel states that as ofnow,he is not in a position to indicate the end date ofthe physical examination. The end date shall be placed on record in the affidavit to he filed by the Delhi University.

10. At this stage, Mr. Prateek Sharma, petitioner No.l in WP(C) NO. 3199/2020 states that what to say about declaring the results of the sixth semester, students studying in the Law Faculty, Delhi University have not heen issued their mark-sheets forthe fifth semester examinations which took place in December 2019. In the course of arguments Mr. Rupal, learned counsel for the Delhi University has obtained instructions to the effect that Delhi University has forwarded the mark-sheets of the fifth semesterstudents to the Faculty ofLaw very recently. Mr. Sharma states that the IVP(C)No.3199/2020&connectedmatters Page6of10 2020:DHC:3955-DB said students have not been able to obtain the mark-sheets because the Administrative Block of the Faculty of Law has not been functioning and students who wish to join any post-graduate course, will not be able to forward their fifth semester marksheets to the concerned Universities. To obviate the aforesaid problem, Delhi University is directed to digitally forward the results ofthe fifth semester exams to all the law students, at the earliest.

11. Coming to the information furnished by the Grievance Redressal Committee constituted by the learned Single Judge in WP(C)3946/2020, Mr. B.B.Gupta, learned Senior Advocate, who has been nominated as a member of the said Committee and is present in the hearing submits that immediately after this court had passed an order in LPA 203/2020, on 14.08.2020 reconstituting the Grievance Redressal Committee, the Chairperson ofthe Committee had called for a meeting in the morning hours of 15.08.2020, but no data relating to the grievances of the students was furnished to the Committee. After much back and forth between the members ofthe Committee and the University as also Mr. Rupal, learned counsel for the University, the password of the data has been physically delivered atthe residence ofthe Chairperson only this morning,at 11.50 am.

12. We are rather disappointed to hear that the Committee has not been able to function from 07.08.2020,till date. By now,at least one week ofthe on-line examinations is also over. If it is the stand ofthe University that hardly any grievances have been received from the students, it is all the more necessary that the complaints received and stated to have been satisfactorily addressed by the Grievance Officer in terms ofthe averments made in para 14 ofthe affidavit, be placed before the Grievance Redressal WP(C)No.3199/2020& connectedmatters Page7of10 2020:DHC:3955-DB Committee. Mr. B.B. Gupta, learned Senior Advocate has also stated that the Committee has not been apprised ofthe e-mail and mobile number ofthe Grievance Officer. Mr. Rupal has been directed to fiimish the name and details of the said officer directly to Mr. B.B. Gupta, learned Senior Advocate for being placed before the Committee. Mr.Rupal has confirmed that said information has been furnished to him during the course of arguments.

13. Mr. Manik Dogra, learned counsel for the petitioner in WP(C) 4029/2020 and Mr. Amir Singh Pasrich, learned counsel for the applicant/intervener in the captioned petition(CM 15048/2020)submit that though UGC has extended the timeline for conducting the final year examinations to the end ofSeptember 2020,it has not issued any Advisory to the Central Universities for accommodating those students whose examinations are likely to be concluded by the end ofSeptember,2020. As a result,their academic careers may bejeopardised as they are expected to furnish the provisional Certificates to the concerned Universities by the first week of September 2020. UGC shall take steps at the earliest to issue a fi"esh Advisory in this regard to all the Central Universities.

14. The other grievance of Mr. Pasrich, learned counsel that those students who have secured admission in foreign Universities also find themselves in a bind in the absence of any provisional certificate, can be addressed by the Delhi University itselfby issuing a letter to the concerned foreign Universities, explaining the circumstances in which the examinations ofthe final year students have had to be postponed so thatthe concerned students can get a sufficient buffer period to furnish their provisional certificates to the Universities in question. Delhi University is WP(C)No.3199/2020&connectedmatters page8of10 2020:DHC:3955-DB directed to create a separate e-mail ID where students can e-mail their requests alongwith the details ofthe foreign University in question where they have secured provisional admission so that a request letter can be addressed directly by the Delhi University to the concerned foreign University. The new e-mail ID shall be created within one week and information in this regard shall be publicised on the website ofthe Delhi University, duly copied to all the colleges. The students will furnish the necessary details relating to their admission,their e-mailID,the e-mail IDs of the concerned foreign University and the designation of the official to whom such a request letter is required to be served. In the affidavit to be filed by the Delhi University, it shall indicate the cut-offdate by which the results will be declared for all streams offinal year courses.

15. Mr. Rungta, learned Senior Advocate appearing for the petitioner in W.P. (C) No. 3411/2020 states that the leftover students in the PWD category, particularly the VH category and those students in the above category who propose to sitfor the physical examinations even though they may have satfor the online OBE examination,would face great hardship as the University hostels are all shut down and they have to travel to Delhi to sit physically forthe examinations. There will be challenges relating to their transportation as also their place of stay in Delhi. Delhi University is directed to verify the number of leftover PWD category students and students in the said category who would wish to sit for the physical examination again though they may have taken the online OBE mode of examination, for arriving at an assessment and for working out the modalities of a place of stay and transportation from where they are presently staying to Delhi,to sit for the physical examinations. Details of WP(C)No.3199/2020& connected matters Page9of10 2020:DHC:3955-DB preparation in this regard shall be fiimished by the Delhi University, on an affidavit to be filed separately in W.P.(C) No. 3411/2020, on or before 2.9.2020. Ministry ofHRD,UOI shall also address this problem and come up with some practical solutions by filing a separate affidavit, on or before 2.9.2020.

17. List W.P.(C)No.3411/2020 on 3.9.2020. HIMA KOHLI,J SUBRAMONIUM PRASAD,J AUGUST 17,2020 a/na/tr WP(C)No.3199/2020& connected matters Page10of10 2020:DHC:3955-DB $-9,10& 11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)3199/2020,C.M.Nos.11708/2020,15049/2020 PRATEEK SHARMA AND ANR Petitioners Through:petitioners No.l and 2in person.

VERSUS

UNION OFINDIA &ANR. Respondents Through:Mr.Chetan Sharma,ASG with Mr.Ripudaman Bhardwaj,CGSC, Kushagra Bansal, Mr. R.V. Prabhat, Mr. Amit Gupta, Mr. Sahaj Garg and Mr. Anish Roy Advocates for R-1 and R-2. Mr.Apoorv Kurup and Ms.Nidhi Mittal,, Advocates for UGC. Mr.Sachin Datta,Senior Advocate with Mr.Mohinder J.S.Rupal and Mr.Hardik Rupal, Advocatesfor University ofDelhi AND ^^P.(C)3411/2020,C.M.No.12111/2020(stay)

VERSUS

UNION OFINDIA& ANR. Respondents Through: Mr.Vivek Goyal,CGSCfor R-1 and R-4. Mr.Sachin Datta,Senior Advocate with Mr.Mohinder J.S.Rupal and Mr.Hardik Rupal, Advocatesfor University ofDelhi Mr.Apoorv Kurup and Ms.Nidhi Mittal, Advocates for UGC. fVP(CJ No.3199/2020&connectedmatters Page1of[4] 2020:DHC:3955-DB £\ AND W.P.(C)4029/2020,C.M.Nos.14445/2020and 15048/2020 KABIR SCHDEVA Petitioner Through:Mr.ManikDogra,Mr.DhruvPande and Mr.Randeep Sachdeva,Advocates versus UNIVERSITY OF DELHI AND ORS. Respondents Through:Mr.SachinDatta,Senior Advocate with Mr.Mohinder J.S.Rupaland Mr.Hardik Rupal, Advocatesfor R-l/University ofDelhi Mr. Amir Singh Pasrich and Mr. Amit Ranjan Singh, Advocates for intervener in C.M. No.15048/2020 Ms.Supama Srivastava,CGSC with Mr.Tushar Mathur,Advocate for R-2/U0I Mr.Apoorv Kurup and Ms.Nidhi Mittal, Advocates for UGC. CORAM: HON'BLE MS.JUSTICE HIMA KOHLI HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD ORDER % 18.08.2020 HEARD THROUGH VIDEO CONFERENCING

1. The present petitions were listed before this Benchjust yesterday and a detailed order was passed after examining the affidavit filed by the Delhi University. One ofthe directions issued to the Delhi University was in the context ofthose final year students who would have obtained admission to postgraduate courses in foreign Universities and the Delhi University was directed thatiftheir results are not declared in time,the students are likely to suffer irreparableloss.Therefore,instead ofthe students writing individually to the concerned foreign University seeking fiirther time for fiimishing a WP(C)No.3199/2020& connectedmatters Page2of[4] 2020:DHC:3955-DB provisional certificate,the DelhiUniversity oughtto e-mailsuch arequestto the concerned University on behalf ofthe student in question as it would carry more weight. Towards that purpose,Delhi University was directed to ereate aseparate e-mail address and publicizethesame atthe earliestsothat the students ean furnish the necessary details regarding their admissions to the concerned Universities including the e-mail addresses ofthe Universities and the designation ofthe official to whom such a request letter would be addressed.

2. Atthatstage,DelhiUniversity did notbringtothe notice ofthis Court the observations made by the learned Single Judge in the order dated 7.7.2020, passed in W.P.(C)No.3946/2020 entitled Anuvam & Ors. Vs. University ofDelhi & Ovs. The said order came to our notiee late last evening. Whatis relevantfor our consideration is para 13 ofthe said order, which has recorded as follows:-

3. On perusing the aforesaid order, it was deemed appropriate to direct the Registry to listthese matters today only to enquire from learned counsel for the Delhi University as to why were the aforesaid directions not brought to our notice yesterday.

4. Mr. Sachin Datta,learned Senior Advocate appearing alongwith Mr. WP(C)No.3199/2020& connectedmatters Page3of[4] 2020:DHC:3955-DB Rupal,learned eounsel for the Delhi University coneedes thatthere was an error on their partin not pointing outthe directions issued in para 13 ofthe order dated 7.7.2020 passed by the learned Single Judge, as extracted hereinabove. They state that the aforesaid error is bonafide and that they shall abide by the directions issued in para 13 ofthe order dated 7.7.2020. In other words,Delhi University shall make efforts to expedite the result of such courses for students who have obtained admissions in postgraduate courses in foreign universities.

5. The aforesaid direction when read in conjunction with the direction issued by this Court yesterday, would mean that not only will Delhi University make efforts to expedite the results of the final year students studying in courses where they may have obtained admissions to postgraduate courses in foreign universities, it shall also create a separate e-mail ID to enable students to submit their requests and relevant details of the foreign University in question for the Delhi University to send a request letter for granting provisional admission to the concerned student with an assurance thatthe results would be communicated atthe earliest.

6. This order shall be read as a part and parcel ofthe order passed on 17.8.2020. HIMA KOHLI,J SUBRAMONIUM PRASAD,J AUGUST 18,2020 NA WP(C)No.3199/2020&connectedmatters ^ 2020:DHC:3955-DB r/ n + $-14-17 IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C)3199/2020,C.M.Nos.11708/2020,15049/2020 PRATEEKSHARMA AND ANR Petitioners Through:Petitioners No.l and2inperson.

VERSUS

UNIONOFINDIA&ANR. Respondents Through: Mr. Chetan Sharma, ASG with Mr Ripudaman Bhardwaj, CGSC, Mr. Kushagra Bansal and Mr.SahajGarg,AdvocatesforR-1 and R-2. Mr. Apoorv Kurup and Ms. Nidhi Mittal Advocates for UGC. Mr. Sachin Datta, Senior Advocate with Mr. Mohinder J.S. Rupal and Mr. Hardik Rupal, Advocatesfor University ofDelhi AND W.P.(C)4029/2020,C.M.Nos.14445/2020and 15048/2020 kabirschdeva Through:Mr.ManikDogra,Mr.DhruvPande and Mr.Randeep Sachdeva,Advocates versus universityOFDELHIAND ORS Respondents Through.Mr.SachinDatta,Senior Advocate with Mr. Mohinder J.S. Rupal and Mr. Hardik Rupal, Advocatesfor R-1/University ofDelhi Mr. Amir Singh Pasrich and Afr. Amit Ranjan Singh, Advocates for intervener in CM No.15048/2020 Mr. Apoorv Kump and Ms. Nidhi Mittal Advocates for UGC. 2020:DHC:3955-DB AND W.P.(C)4002/2020&C.M.No.14376/2020(stay) AKSHAYLAKRA&ORS Petitioners Through: Mr. Harpreet Singh Hora and Mr.Pardeep Kr.Naagar,Advocates.

VERSUS

UNIVERSITYOFDELHI&ORS Respondents Through. Mr. Sachin Datta, Senior Advocate Avith Mr. Mohinder J.S. Rupal and Mr. Hardik Rupal,Advocatesfor R-1/University ofDelhi Mr. Virender Pratap Singh Charak, Ms. Shubra Parashar,Mr.Pushpendr Singh Charak,Mr.Kapil Gaur,Mr.Vaishnav Kirti Singh,Ms.DeepaMalik, Mr.Sanjay Singh Chauhanand Mr.RamPalSingh Tomar,Advocates for UOI. Mr. Apoorv Kurup and Ms. Nidhi Mittal, Advocatesfor UGC. AND W.P.(C)4577/2020&C.M.No.16527/2020(stay) MANDEEPSINGH&ORS Petitioners Through: Mr. Harpreet Singh Hora and Mr.Pardeep Kr.Naagar,Advocates.

VERSUS

UNIVERSITYOFDELHI&ORS ^ Respondents Through: Mr. Sachin Datta, Senior Advocate with Mr. Mohinder J.S. Rupal and Mr. Hardik Rupal,AdvocatesforR-1/University ofDelhi Mr.Avnish Singh,Sr.Panel Counselfor R-3/U0I. Mr. Apoorv Kurup and Ms. Nidhi Mittal, Advocates for UGC. 2020:DHC:3955-DB CORAM: HON'BLE MS.JUSTICE HIMA KOHLI HON'BLE MR.JUSTICESUBRAMONIUMPRASAD ORDER % 27.08.2020 HEARD THROUGH VIDEO CQIVFERENCTNC

1. On the last date ofhearing,the Delhi University was directed to file an affidavitindicating inter alia,the cut-offdate by whichtheresults would be declared for all streams ofthe final year courses. Delhi University was also directed to create a separate e-mail ID where students who have got admission in Foreign Universities can e-mail their requests alongwith the relevant details so that Delhi University,can directly address e-mails to the concerned foreign universities to accommodate the students in the absence ofa provisional certificate. Further, in the light ofsubmission made by Mr. Rungta, learned Senior Advocate appearing in the connected writ petition [W.P. (C) 3411/2020] that the leftover students in the PWD category particularly the VH category who propose to sit for the physical examination later on wouldface greathardship asthe University hostels are shut down and they will have to travel to Delhi to sit physically in examinations proposed to be conducted,the Ministiy ofHRD was directed to come up withpracticalsolutions byfiling aseparate affidavit.

2. Delhi University in its affidavit has given the details ofthe students includingthePWD category,who haveparticipatedinthe online QBE mode ofexamination for the different UG and PG courses. On a perusal ofthe tabulated data,ittranspiresthatoutofatotal 82,852students intheregular category,80139students had registered themselves.Outof80,139students. 2020:DHC:3955-DB 71,103 students have submitted their papers through the web portal ofDelhi University and 7,975 students have submitted their papers through e-mail. This would mean that approximately 3,500 students are still in the leftover category.

3. Coming next to the PWD category students, out of a total of 1011 students, 795 students have registered themselves and 647 students have submitted their answers through the web portal of the Delhi University. However,the figures relating to thePWD students who had submitted their answer sheets through e-mail, has not been furnished. Mr. Dutta, learned Senior Advocate states that due to paucity oftime, the said figure is not readily available. He assures the court that the same shall be furnished on the nextofhearing.

4. Mr.Rungta,learned Senior Advocate appearing for the petitioners in connected writ petition states that as per the information gathered by him, there are approximately 222 students in the VH category who are leftover. IVIr.Datta,SeniorAdvocate submits that782students areleftoverinthePost Graduate category including the TLB course.

5. Comingnexttothestudents whoareenrolled withtheSchoolofOpen Learning, out of 1,70,825 students, 1,51,970 students had registered themselves and 1,26,004 students have submitted their papers. InthePWD category of the SOL students, out of 492 students, 319 had registered themselves and 276 students have submitted their papers. The number of VH category students who have submitted their papers has not been indicated separately.

6. Mr.Datta,Senior Advocate submits that encouraged by the aforesaid data, Delhi University has decided that the leftover students shall be 2020:DHC:3955-DB permitted to register themselves by 8.9.2020 for the examination in the second round that shall commence on 14.9.2020 and end bythe first week of October, 2020. For the said purpose, the proposal is to conduct the examination through e-mail and physically. On enquiring from learned Senior Advocate as to the date by which the results would be declared, he states that it has been submitted earlier, that it will take up to the end of October, 2020 for the results to be declared and that too, if all things go well. We have been informed that ordinarily,ittakes 85 days from the date the examinations conclude to declare the results, but this time, period is being restricted to 60 days. Enclosed with the additional affidavit is the draft Notification prepared by the Examination Branch of the Delhi University for submission of examination forms by the leftover students wherein the last date for submission has been mentioned as 08.09.2020. It is stated on behalf of the University that the facilities that were earlier available,will be provided forthe physical mode ofexamination.

7. In view ofthe submission made by Mr.Rungta,Senior Advocate that about65%to 70%students in thePH category are staying atremote places in the States of Bihar, Chhattisgarh and eastern UP and they are not in a position to make arrangement for travelling to Delhi and that adequate arrangements for their boarding and lodging shall also have to be made in Delhi,it is imperative to identify such students atthe earliest.

8. In view ofthe above,Delhi University is directed to add a para in the Notification informing the PWD category students, including the VH category who are residing atremote places and proposeto travel to Delhi by train for sitting in the examination physically or through the online mode with the assistance ofscribes,to indicate their preference in a column to be 2020:DHC:3955-DB provided in the examination form, preferably before 04.09.2020. Further, those students who have not received their case material in terms of the orders dated 17.6.2020 and 05.08.2020, shall be at liberty to e-mail their grievance to the Grievance Officer or the Grievance Redressal Committee constituted in this regard so that the same can be addressed at the earliest. The Grievance Officer and the Grievance Redressal Committee shall continue to function till the examination of the left over students is concluded.

9. It is deemed appropriate to direct the Ministry of HRD and the Ministry of Social Empowerment to collectively approach the Ministry of Railways with a request to make arrangements for the PWD students of Delhi University staying at distant States like Bihar, Chhattisgarh and eastern UP to travel to Delhi by train for sitting in the examination either physically or through online mode. The Ministry ofRailway shall consider the feasibility of issuing subsidised tickets and arranging for confirmed tickets for such students to Delhi atthe earliest and at least five days before the examinations that are to commence on 14.09.2020. Affidavits on the steps proposed to be taken by the Ministry ofSocial Welfare,the Ministry of HRD and the Ministry ofRailways shall be filed separately before the next date. We may note that Mr.Rungta,Senior Advocate has graciously offered to make arrangements forthe boarding and lodging ofthe VH students, who propose to travel to Delhi to sitforthe examination.

10. As the Ministry ofRailways is notrepresented today,Mr.Ripudaman Bhardwaj, learned Central Government Standing Counsel shall obtain necessary instructions. He states that the Ministry of Railways has a separate panel and he is not authorized to appear on its behalf. This order 2020:DHC:3955-DB shall be conveyed by tomorrow to Mr. Jagjeet Singh, Standing Counsel, Ministry of Railways as also to the Secretary, Ministry of Railways for perusal and compliance.

11. Coming next to the directions that were issued to the UGC, Mr. Kurup,learned counsel for the UGC submits that the issue flagged in para No. 13 ofthe order passed on 17.08.2020, is being addressed by the UGC and the solution shall be placed before the court very soon. An affidavit in this regard shall be filed bythe UGC before the nextdate.

12. List on 01.09.2020,to awaitthe affidavits ofthe Delhi University and UGC as also the Status Reports ofthe Ministry ofSocial Welfare,Ministry ofHRD and Ministry ofRailways.It is further directed that date ofhearing fixed in W.P.(C) No.3411/2020, is advanced to 01.09.2020 due to the urgency in the matter. The Registry shall list the said petition along with the presentpetition on the above date. fflMAKOHLI,J SUBRAMONIUM PRASAD,J AUGUST 27,2020 A/NA/HSK 2020:DHC:3955-DB II * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)3199/2020,C.M.Nos.11708/2020,15049/2020 PRATEEK SHARMA AND ANR Petitioners Through:Petitioners No.1 and2inperson.

VERSUS

UNION OFINDIA&ANR. Respondents Through: Mr. Ripudaman Bhardwaj, CGSC, Mr. Kushagra Bansal and Mr. Sahaj Garg, Advocatesfor R-1 and R-2. Mr. Apoorv Kurup and Ms. Nidhi Mittal, Advocatesfor UGC. Mr. Sachin Datta, Senior Advocate with Mr. Mohinder J.S. Rupal and Mr. Hardik Rupal, Advocatesfor University ofDelhi. AND W.P.(C)3411/2020&C.M.No.12111/2020 NATIONALFEDERATION OF THEBLIND Petitioner Through:Mr.S.K.Rungta,SeniorAdvocatein person with Mr.SumitPargal, Advocates versus UNIONOFINDIAAND ORS. Respondents Through:Mr.Vivek goyal,CGSC, respondents No.1 &4. Mr.Apoorv Kurup and Ms.Nidhi Mittal, Advocate for UGC. Sachin Datta,Senior Advocate with Mr. Mohinder J.S.Rupal,Mr.HardikRupal, Advocates WP(C)No.3199/2020 Page1of[7] 2020:DHC:3955-DB n CORAM: HON'BLE MS.JUSTICE HIMA KOHLI HON'BLE MR.JUSTICE SUBRAMONIUMPRASAD ORDER % 01.09.2020 HEARD THROUGH VIDEO CONFERENCTNn

1. An additional affidavit has been filed by the Registrar (Acting), University ofDelhiin compliance withthe order dated 27.08.2020.Thesaid affidavit states that the e-mail ID created by the University for students seeking admission to foreign Universities, has been made operational and students who proposetotravel abroad,are atlibertyto send an e-mailtothe said e-mail ID which shall be processed by the University in terms ofthe earlier orders passed bythis court.

2. In para 5 of the affidavit, a tabulated data of students under the Persons with Disabilities(in short'PwD')categoiy including the visuallyimpairedcategoryregistered with CollegesandNCWEB whohaveappeared inthe firstphase ofthe Open Book Examination(inshort'QBE')modefor under-graduateand post-graduate coursesandsubmitted theiranswerscripts through the web portal of the University or through e-mail, has been reproduced. As per the said tabulated statement, out of a total of 1,011 students,798 students in the PwD category had registered themselves and 653students havesubmittedtheiranswersheetsthroughtheQBEportaland 116 students have e-mailed their answer sheets. In the visually-impaired category, out ofa total of369 students,221 had registered themselves and 159 have submitted their answerpapersthrough QBE portal and 48 have emailed their answer sheets. WP(C)No.3199/2020 Page2of? 2020:DHC:3955-DB 1>

3. In para 6, a tabulated data of the students in the PwD category including visually-impaired students registered with the School of Open Learning, who had appeared in the first phase of the QBE mode of examination,has been reproduced.As perthe said tabulated statement,out of a total of 492 students in the PwD category, 321 had registered themselves and 218 had submitted their answer sheets through the QBE portal,while 35 had e-mailed their answersheets. In the visually-impaired category,out ofa total 198 students,79students had registered themselves and 65 students had submitted their answer sheets through the QBEportal while 10students had e-mailed the same.

4. Mr. Dutta, learned Senior Advocate appearing for the Delhi University states that fi-esh applications for the second phase of the examination have been invited starting fi-om yesterday and till now,326 applications have been received across all categories. The University expects atleast 1,500 students across all categories to appearin the second phase ofthe examination, for which they can register till 08.09.2020. He further submits that the PwD students including those who are visuallyimpaired have the option ofsitting in the second phase ofthe examination proposed to be conducted in a blended mode by the University, even for purposes ofimproving their marks.

5. Mr.Rungta,learned Senior Advocate appearing for the petitioner in W.P.(C)3411/2020 submits that as per the information gathered by him, about 111 applicationsfrom visually handicapped(VH)students arelikely to be received by the University and his office alone has filled up 50 applicationsfor VHstudents who proposeto sitinthesecond phase ofthe examination. fVP(C)No.3199/2020 Page3of[7] 2020:DHC:3955-DB

6. Mr.Prateek Sharma,petitioner in W.P.(C)3199/2020 states that the University of Delhi has still not uploaded the mark sheets for the 5th semester results ofthe LLB students,thoughthey had promised to do so on the last date. Mr.Rupal,learned counsel for the University ofDelhi states thatit will take three more days forthe mark sheets to be uploaded on the website ofthe University.

7. Asfortheissueflagged bythiseourton05.08.2020,relatingtoonline declaration ofthe results ofall the final year students in the UG and PG courses and issuance ofdigital certificates,itis stated by Mr.Datta,learned Senior Advocate appearing for the University of Delhi that a system is already in place and the same shall be followed not only for declaring the resultsonline,butforissuingthemarksheetsandthecertificatesdigitallyto allthestudents,toavoid anycrowdinginthe University.

8. Coming next to the UGC,Mr.Kurup,learned counsel for the UGC states that in compliance ofthe last order passed by this court, UGC has issued an Advisoiy on 31.08.2020, which applies not only to the Central University but to State Universities as well and it has been clarified that provisionaladmissions will bepermitted bytheconcerned Universities even after 30.09.2020 till the revised Academic Calendar is declared. He also clanfies on instructions that the relevant documents of the qualifying examination ofthe concerned students can be accepted by the Universities even after 30.09.2020,as the same is in extension ofthe earlier Advisory dated 29.04.2020,issued bythe UGC.

9. Coming to the timeline within which the results ofthe examination shall be declared,now thatthe courthas beeninformedthatmorethan90% ofthefinal year students have already participated in the firstphase ofthe WP(C)No.3199/2020 Page4of[7] 2020:DHC:3955-DB examination, we have enquired from Mr. Datta, Senior Advocate as to whether the said timeline can be further tightened. He submits that efforts will be madein that direction buthe is notin position to make a categorical statement that the timeline would be advanced to a date prior to the last week ofOctober,2020,as ofnow.He submits thatthe picture will be more clear after 08.09.2020,the last date by which all applications ofthe leftover studentsandthePwDstudentsshallbesubmittedtotheUniversity.

10. On a point being raised by Mr. Rungta, learned Sr. Advocate as to whether the dispensation specified by the University of Delhi in the first phase of the examination qua the PwD category of students would also apply in the second phase of the examination, Mr. Datta, learned Sr. Advocate clarifies on instructions that all the dispensations and the exceptions that were made by the University ofDelhi in the first phase of the examination, shall apply with equal force to the second phase ofthe examinations.

11. This leaves the issue relating tothe arrangementfor rail travel forthe final year PwD categoiy student including the VH students sitting in the second phase of the examination, who are presently residing in far-off States,including Bihar, Chattisgarh, eastern U.P., Orissa, etc. Ministry of Railways has filed an affidavitstating inter aliathattheIndian Railways is alreadyproviding concessiontoseveralcategories ofpersons with disability as detailed m para5which includes persons with visualimpairment,speech impairment, those who are orthopedically handicapped etc. Mr. Jagjit Singh,learnedcounselfortheRailwaysstatesthattheprocedureforavailing ofthe concession has been set out in para 6 ofthe affidavit. It has been averredthatin view ofthelimited numberoftrainsthatare beingrun bythe WP(C)No.3199/2020 Page5of[7] 2020:DHC:3955-DB c. Indian Railways, efforts shall be made to facilitate the PwD category of students who are required to travel to Delhi,for participating in the second phase ofthe examination, by providing them berth/seats under emergency quota for which they have to book a ticket in the wait-list and inform the Railways at least two days in advance. It is further stated that for confirmation oftickets under the emergency quota, arrangements may be requiredto be made byanyorganisation workingforthe welfareofthePwD students.

12. Itis agreedthatMr.Rungta,SeniorAdvocate willprovidealistofthe students inthePwD categoryincluding VH category whoproposeto travel by trainfrom far-off States to Delhi,to Mr.Jagjit Singh,Advocate so that adequate arrangements can be made for them by issuing confirmed tickets from the emergency quota. Ministiy ofRailways shall ensure that all the PwD categones students, who require to travel to Delhi for purposes of sitting in the second phase of the examination, are extended necessary assistance to confirm the tickets underthe waitlist,so thatthey do not miss the opportunity of sitting for the examinations. Mr. Jagjit Singh, learned counsel is requested to personally intervene and render all necessaiy assistance in the event, Mr.Rungta,learned Sr. Advocate points out any difficultythatmay befaced byany ofthestudents.

13. Afresh affidavitshall befiled bythe University ofDelhionor before 21.9.2020,indicating inter alia the number ofleft over students,who have registered and participated in the second phase ofthe examination, on a category wise basis as also the cut-offdate by which the results ofthe first and second phases ofthe examinations willbedeclared. WP(C)No.3199/2020 Page6of[7] 2020:DHC:3955-DB ni

14. As the physical examinations for the second phase are going to commence on 14.9.2020,list on 22.9.2020.

SEPTEMBER 01,2020 hsk/pst/ap HIMA KOHLI,J SUBRAMONIUMPRASAD,J No.3199/2020 Page 7of[7] 2020:DHC:3955-DB $-11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)3411/2020 & CM 1211l/2020(stay)

NATIONAL FEDERATION OF THE BLIND Petitioner Through:Mr.S K Rungta,Senior Advoeate with Mr.SumitPargal versus UNION OFINDIA & ORS Respondents Through: Mr.Saehin Datta, Senior Advoeate with Mr.Mohinder JS Rupal and Hardik Rupal,Advocates for University ofDelhi Mr. Vivek Goyal,CGSC for R-1 &R-4/U0I ORDER % 22.09.2020 HEARD THROUGH VIDEO CONFERENCING

1. The Hon'ble Division Bench (comprising HMJ Hima Kohli and HMJ Subramonium Prasad)could not assemble today.

2. List on 23.09.2020.

BY ORDER COURT MASTER SEPTEMBER 22,2020 hsk 2020:DHC:3955-DB IT $-9 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C)3411/2020&CM 1211l/2020(stay) NATIONALfederation OF THEBLIND Petitioner Through:Mr.S KRungta,Senior Advocate with Mr.SumitPargal versus UNION OFINDIA & ORS ••••• Respondents Through:Mr.Sachin Datta,Senior Advocate with Mr.MohinderIS Rupal and Hardik Rupal,Advocates for University ofDelhi Mr.Vivek Goyal,CGSC for R-1 &R-4/U0I Mr.Apoorv Kurup and Ms.Nidhi Mittal,Advocates forR-3/UGC CORAM: HON'BLE MS.JUSTICE HIMA KOHLI HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD ORDER o/o 23.09.2020 HEARD THROUGH VIDEO CONFERENCING Liston 01.10.2020 alongwith W.P.(C)3199/2020. HIMA KOHLI,J ■J SUBRAMONIUMPRASAD, J SEPTEMBER 23, 2020 hsk 2020:DHC:3955-DB $-24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)3411/2020 and C.M.No.12111/2020 NATIONAL FEDERATION OF THE BLIND Petitioner Through:Mr.Santosh Kumar Rungta,(Sr. Advocate)in person with Mr.SumitPargal, Advocate versus UNION OFINDIA & ORS Respondents Through:Mr.Apoorv Kurup,Advocate for UGC. Mr.Sachin Datta,Senior Advocate with Mr.Mohinder J.S.Rupal and Mr.Hardik Rupal, Advocates for University ofDelhi ORDER % 01.10.2020 HEARD THROUGH VIDEO CONFERENCING

1. Hon'ble Division Bench has not assembled today.

2. List on 06.10.2020. By Order k (Court Master) OCTOBER 1,2020 ap 2020:DHC:3955-DB $-13 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C)3411/2020and CMNo.12111/2020(stay)

VERSUS

UNION OFINDIA&ORS Respondents Through: Mr.Vivek Goyal,CGSCforR[1] and R[4]. Mr.Sachin Datta,Sr.Advocate with Mr.Mohinder JS Rupal and Mr.Hardik Rupal, Advocates for DU. Mr.Apporv Kurup and Ms.Vartika Mishra, Advocates for UGC.

ORDER o/„ 06.10.2020 HEARD THROUGH VIDEO CONFERENCING.

1. Hon'ble Division Bench comprising HMJ Hima Kohli and HMJ Subramonium Prasad has not assembled today.

2. List on 07.10.2020.

BY ORDER (COURT MASTER) OCTOBER 6,2020 tr 2020:DHC:3955-DB $~17& 18 + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C)3199/2020,C.M.Nos.11708/2020,15049/2020, 16739/2020,17993/2020,20654/2020,22071/2020&22658/2020 PRATEEK SHARMA AND ANR Petitioners Through;None.

VERSUS

UNION OFINDIA AND ANR Respondents ^ Through:NoneforR-1 and R-2. Mr.Apoorv Kurup and Ms.Vartika Mishra,Advocates for R-3/UGC. Mr.Sachin Datta, Senior Advocate with Mr.Mohinder J.S.Rupal and Mr.Hardik Rupal, Advocatesfor R-4/University ofDelhi AND + ^A^P.(C)3411/2020andC.M.No.12111/2020 NATIONAL FEDERATION OF THEBLIND Petitioner Through:None.

VERSUS

\ UNION OFINDIA&ORS Respondents ' Through:Mr.Vivek Goyal,CGSCforR-l/UOI Mr.Apoorv Kurup and Ms.Vartika Mishra,Advocate for UGC. Mr.Sachin Datta, Senior Advocate with Mr.Mohinder J.S.Rupal and Mr.Hardik Rupal, Advocatesfor University ofDelhi W.P. (C)Nos.3199/2020&3411/2020 Page1of[3] 2020:DHC:3955-DB CORAM; HON'BLE MS.JUSTICE HIMA KOHLI HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD ORDER % 07.10.2020 HEARD THROUGH VIDEO CONFERENCING

1. Mr. Sachin Datta, learned Sr. Advocate states on instructions from Mr.Rupal,learned counsel appearing for the respondent/University ofDelhi that an additional affidavit was filed on 30.9.2020. The said affidavit is not on record. The same has been e-mailed a few minutes ago to the Court Master who has in turn forwarded it to this Court.

2. As per the said affidavit,as on 6.10.2020,2,28,613 papers ofthe final year undergraduate students,who have satin the QBE first phase,have been assigned to evaluators. Outofthe aforesaid papers assigned,2,11,796 papers have already been evaluated. Further, out ofa total of[5],50,000(approx.)emails received on various portals ofthe University and/or member colleges of the University, about 3,79,588/- e-mails have been integrated, which comes to 70% ofthe total emails received.

3. Mr.Datta, learned Sr. Advocate assures the court that every effort is being made by the University to expedite the work of evaluation and integration ofe-mails,so that the results can be declared at the earliest. He states that if granted some more time, the University will be able to give another update ofthe steps taken in that direction. W.P. (C)Nos.3199/2020&3411/2020 Page2of[3] 2020:DHC:3955-DB

4. List on 12.10.2020. University of Delhi shall file a fresh affidavit giving an updated status ofthe evaluation ofthe answer sheets ofthe final year undergraduate students,integration ofthe emails and the proposed date for declaration ofresults. HIMA KOHLI,J SUBRAMONIUM PRASAD,J OCTOBER 7,2020 ap W.P.(Q Nos.3J99/2020&3411/2020 Page3of[3] 2020:DHC:3955-DB <^3 $~25& 26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)3199/2020&CM 11708/2020(Stay)CM 15049/2020 (Stay)CM 16739/2020(Addl.Documents)CM 17993/2020(Addl facts,docs.)CM 20654/2020(Directions)CM 22071/2020 (Impleadment)CM 22658/2020(on b/o applicantforintervention)

PRATEEK SHARMA AND ANR.... Petitioners Through:Mr.Harpreet Singh Hora,Advocate with petitioners in person versus UNION OFINDIA AND ANR Respondents Through:Mr.Ripudaman Bhardwaj,CGSC with Mr.Sahaj Garg and Mr.Kushagra,Advocates Mr.Apoorv Kurup,Advocate with Ms.Vartika Mishra,Advocate for UGC Mr.Sachin Datta,Senior Advocate with Mr.MohinderIS Rupal and Mr.Hardik Rupal,Advocates for University of Delhi Mr.Amir Singh Pasrich,Advocate with Mr.Amit Ranjan Singh and Ms.Richa Relhan,Advocates for Intervenor(CM No.22658/2020) AND + W.P.(C)3411/2020&CM 12111/2020 (Stay)

NATIONAL FEDERATION OF THE BLIND Petitioner Through: Mr.Santosh K.Rungta,Senior Advocate with Mr.SumitPargal,Advocate versus UNION OFINDIA & ORS Respondents (C)Nos.3199/2020&3411/2020 PageI of? 2020:DHC:3955-DB Through:Mr.Vivek Goyal,CGSC for R-1 & R-4/U0I Mr.Apoorv Kurup,Advocate with Ms.Vartika Mishra,Advocate for UGC Mr.Sachin Datta,Senior Advocate with Mr.Mohinder JS Rupal and Mr.Hardik Rupal,Advocates for University of Delhi CORAM: HON'BLE MS.JUSTICE HIMA KOHLI HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD ORDER % 12.10.2020 HEARD THROUGH VIDEO CONFERENCING

1. Additional affidavit is stated to have been filed by the Delhi University. As usual, the same is not on record. It has been e-mailed by Mr.Rupalto the Court Master who has,in turn,e-mailed the sameto us. We may note that even the previous affidavits filed at the last minute by the Delhi University are not a part ofthe record. Learned counsel for the Delhi University shall ensure that all the previously filed affidavits are in the court file so thatthe records are complete.

2. In the latest additional affidavit, it has been stated by the Delhi University that as on the date ofthe filing ofthe affidavit,the results of 16 Post Graduate Courses have been declared on the official website of the University. For two courses i.e. M.Sc. Geology and M.A. Geography,the results would be declared in a couple of days. The relevant portion ofthe affidavit reads as under:- "4. As ofnow the resultsfor thefollowingPost Graduate W.P.(C)Nos.3199/2020&3411/2020 Page2of[7] 2020:DHC:3955-DB Courses have already been declared on the ojjicial website of the University: Post Graduate Courses(FinalSemester/Year)

1. M.Sc. ComputerScience

2. Master ofComputer Applications

3. M.Sc.Botany

4. M.Sc. Chemistry

5. M.Sc.Zoology

6. M.Sc. BiomedicalSciences

7. M.Sc. Electronic Science

8. M.Sc. Microbiology

9. M.Sc. Genetics

10. M.Sc.PlantMolecular Biology

11. M.Sc.EnvironmentalScience

12. M.Sc.Biochemistry

13. M.A. in Finance Administration

14. M.A.EnvironmentalStudies

15. M.A.AppliedPsychology

16. M.Tech. in Microwave Electronics The results of the following Post Graduate courses are almostready to be declared in a day or two- W.P.(C)Nos.3199/2020 &3411/2020 Page3of[7] 2020:DHC:3955-DB Post Graduate Courses(FinalSemester/Year)

1. M.Sc. Geology

2. M.A. Geography

3. For the rest ofthe Post Graduate courses,it has been stated that efforts are being made to expedite the same. On enquiring from Mr.Sachin Datta, learned Senior Advocate appearing for the Delhi University as to how many PG courses and being taught in the Delhi University, he states that in all, there are 20 PG courses that are being taught in the Delhi University and after subtracting the results ofthe 18 courses in respect whereofresults have been declared/are ready to be declared in a couple of days, declaration of results in 32PG courses would still be left. Learned Senior Advocate states that the results of32 PG courses shall be declared by the end of October,

2020. Delhi University shall strictly adhere to the said time line.The results ofthe remaining 32PG courses shall be declared on or before 3U^ October

2020.

4. Coming next to the results ofthe final year Under Graduate courses, Mr. Sachin Datta, Sr.Advocate states that in all there are 250 Under Graduate courses. Out of 250 courses, there are 17 B.Sc.(Hons.) courses taught in the University. Out ofthe said 17 B.Sc.(Hons.)courses,results of 7 B.Sc. (Hons.) courses are expected to be declared within the timeline given in the earlier affidavit. The said seven courses are: B.Sc. (Hons.) Polymer Science, B.Sc. (Hons.) Biological Science, B.Sc. (Hons.) Instrumentation, B.Sc. (Hons.) Food Technology, B.Sc. (Hons.) W.P.(C)Nos.3199/2020&3411/2020 Page4of[7] 2020:DHC:3955-DB 9A Biochemistry, B.Sc.(Hons.) Microbiology and B.Sc.(Hons.) Biomedical Sciences.

5. We may note that in an earlier affidavit filed in late September,2020, Delhi University had stated that the results of all the 17 courses in B.Sc. (Hons.)shall be declaredfrom 20^^ October2020 onwards.Asfortheresults ofthe B.A.(Hons.)courses which are 26 in number, it was stated that the results of the B.A.(Hons.), Mass Media and Mass Communication shall also be declared from 24^^ October, 2020 onwards along with other B.A. (Hons.)courses. The said affidavit was silent about the date by which the results ofthe B.A.(Programme)courses will be declared.

6. Having regard to the fact that the earlier affidavit filed by the Delhi University simply mentions in para 7 the names of the course with the tentative cut-offdate thereby keeping all the dates open-ended,it is deemed appropriate to direct that the Delhi University shall declare the results ofall the courses, including B.Sc. (Hons.) (17 courses), B.Sc. (Programme), B.A.(Hons.)(26 courses), B.Com(Hons), B.Com.(Programme) and B.A. (Vocational), Bachelor in Vocation w.e.f. the tentative dates mentioned therein with a buffer period of[3] additional days granted in each course. In other words,ifthe B.Sc.(Hons.)(17 Courses)results have been stated to be declared starting from 20^*" October 2020,the said results shall be declared by a maximum of[3] additional days,i.e. on or before 23^^ October,2020 and so on and so forth.

7. Insofar as the B.A.(Programme) course is concerned, the previous affidavit filed by the Delhi University is silent on a tentative cut-offdate.It is directed that the results of the B.A.(Programme) course shall also be declared on or before 3U^ October 2020. At this stage, Mr.Datta, learned W.P.(C)Nos.3199/2020&3411/2020 Page5of[7] 2020:DHC:3955-DB Senior Advocate states on instructions from Prof. Rawat that due to the maximum number of students and combination of papers in the B.A. (Programme) course which covers almost the 35% of the entire student community in the final year course, a more reasonable cut offdate may be fixed for declaring their results.

8. In view of the submissions made by learned counsel for the Delhi University,it is directed that the results ofthe final year B.A.(Programme) students shall be declared on or before 06.11.2020.

9. Insofar as the details regarding integration ofthe emails received by the Delhi University is concerned, we may note that out of[5],50,000 emails received,4,51,175 emails have been integrated,thus leaving 98,825 emails. The emails mapped so far are 1,53,493,the emails evaluated are 26,309 and the emails yetto be assigned are 43,902.

10. Mr.Prateek Sharma,the petitioner who appears in person states that the Delhi University may be directed to clarify that once the results ofthe post-graduate students and the final year under-graduate students are declared, no student needs to approach the Delhi University physically for collecting the mark sheets and nor should the mark sheets that would be uploaded on the website ofthe University contain any footnote to the effect that the same are subject to physical verification as that can create impediments for students who are to proceed for their studies abroad or seek employment.

11. It is made clear that the Delhi University shall not incorporate any footnote on the mark sheets to be uploaded on its website stating that the same is subjectto any physical verification and nor willthe Delhi University call upon the students to physically approach the University/College to W.P.(C)Nos.3199/2020 &3411/2020 Page6of[7] 2020:DHC:3955-DB ^1 collect the mark sheets. The mark sheets that will be downloaded from the website ofthe Delhi University,shall suffice.

12. With the aforesaid directions, both the petitions are disposed ofalong with the pending applications. However,the questions oflaw raised in the petitions are left open.The contempt notice issued to Prof. Vinay Gupta also stands discharged. HIMA KOHLI,J SUBRAMONIUM PRASAD,J OCTOBER 12,2020/pst/rs/hsk W.P.(C)Nos.3199/2020&3411/2020 Page 7of[7] 2020:DHC:3955-DB $-24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)3411/2020 NATIONAL FEDERATION OF THE BLIND Petitioner Through: Mr.S.K.Rungta,Sr. Adv.with Mr.SumitPargal,Adv.

VERSUS

UNION OFINDIA & ORS Respondents Through: Mr.Vivek Goyal,CGSC for R-1 & R-4/U0I Mr.Apoorv Kurup&Ms.Nidhi Mittal,Advs.for R-3/UGC CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MS.JUSTICE JYOTISINGH ORDER % 01.02.2021 CM APPL.3410/2021(direction)in WP(CI3411/2020 This matter be not listed before this Bench. Matter be placed before the Chief Justice on administrative side for constitution ofthe Bench. List on 05.02.2021.

CHIEF JUSTIC JYOTTSINGH,J FEBRUARY 1,2021/ns 2020:DHC:3955-DB hJ' WP.|C[1] 3411/2020 (Along with W.P.(C)3199/2020) The abovesaid matter waslisted before Honhle DB-VI Srda.Tro.Cr.ohateived"h:rL listed along xvith W.P.(C)3199/2020 before Division Bench on 14 July,20, orders of HonTjle The ChiefJustice. Itissubmitted that W.P.(C|3199/2020islisted before HonhleDB-11presided over by Hon'ble Ms.Justice Hima Kohli on 14.07.2020. in view of the above,If approved,this matte,may be Usted before Hohble DB-11 on ^ I 14'hJuly,2020. D.R.(LISTING) HON'BLE THE CHIEFJUSTICE 2020:DHC:3955-DB C[=C| Not Before:- Hon'ble Mr. Justice Anup Jairam Bhambhani CM APPL.3410/2021 Idirection]in W.PJCl 3411/2020 NATIONAL FEDERATION OF THE BLIND Vs.

UNION OF INDIA 8b ORS The above said matter was listed before HonTple DB-I comprising Honble The Chief Justice and Hon'ble Ms. Justice Jyoti Singh on February, 2021 when the HonT3le Court directed not to list this matter before this Bench and place the matter before HonT)le The Chief Justice on administrative side for Constitution ofthe Bench. The next date ofbearing in this matter is fixed for February,2021. It is submitted that the matter was disposed of by the Division Bench comprising Hon'ble Ms. Justice Hima Kobli and Hon'ble Mr. Justice Subramonium Prasad vide order dated 12.10.2020. In view of the above, submitted for orders regarding nomination of appropriate Bench for listing this matter on 5^^ February,2021.. V' A.R.(LISTING) REGISTRAR(LISTING) HON'BLE THE CHIEF JUSTICE 7^ '•3 2020:DHC:3955-DB ! $-7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)3411/2020 NATIONAL FEDERATION OF THE BLIND Petitioner Through: Mr.Santosh Kumar Rungta,Adv.

VERSUS

UNION OFINDIA & ORS Respondents Through: Mr.Vivek Goyal,CGSC for R-1 &4. Mr.Sachin Datta,Adv.for R-2. Mr.Apoorv Kurup & Ms.Nidhi Mittal,Advs.For R-3 CORAM: HON'BLE MR.JUSTICE VIPIN SANGHI HON'BLE MS.JUSTICE REKHA PALLI ORDER % 05.02.2021 CM APPL.3410/2021 Issue notice. Learned counselfor the respondents acceptnotice. Reply befiled within a week with advance copy to learned counselfor the applicant. In the reply, the respondents should specifically state as to when the result ofeach ofthe candidates, mentioned in para 6 and 7 ofthe application,has been declared. Mr. Datta has stated that the results of all other candidates, except those at serial Nos.l & 2 of the tabulation contained in para 6 have been declared, as according to the respondents,these two candidates do not seem to have appeared in the examination. This position is disputed by Mr. Rungta. 2020:DHC:3955-DB,[4] In these circumstances, let these students meet the Nodal Officer of the respondentwithin thenext2daysto sortoutthe matter. List on 16.02.2021. VIPlN SANGHI,J AL FEBRUARY 5,2021 kk r 2020:DHC:3955-DB $-1. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)3411/2020 NATIONAL FEDERATION OF THE BLIND Petitioner Through: Mr.Prashant Singh,Advocate.

VERSUS

UNION OFINDIA & ORS Respondent Through: CORAM; HON'BLE MR.JUSTICE VIPIN SANGHI HON'BLE MS.JUSTICE REKHA PALLI ORDER o/o 16.02.2021 C.M.No.3410/2021 Adjournment is sought on the ground of non availability of the arguing counsel Mr.Rungta. Atrequest,adjoumed to 20.08.2021. In the meantime,the petitioner mayfile the rejoinder to the replyfiled by the respondent,an advance copy ofwhich has alreadybeen served onthe petitioner. The respondent shall ensure to bring the reply on record before the next date ofhearing.

IPIN SA LJ RE FEBRUARY 16,2021 N.Khanna 2020:DHC:3955-DB S-'A-l * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)3411/2020 NATIONAL FEDERATION OF THE BLIND Petitioner Through; None versus % UNION OF INDIA & ORS Through: Respondents Mr.Vivek Goyal,CGSCfor UOI. Mr.Apoorv Kurup and Ms.Vartika Mishra,Advs.for R-3(UGC) CORAM: HON'BLE MR.JUSTICE VIPIN SANGHI HON'BLE MR.JUSTICE JASMEET SINGH ORDER 23.08.2021 File taken up today as20.08.2021 was declared holiday. CM APPL.3410/2021 None appears for the petitioner or for the Delhi University when the matter is called out.In the interest ofjustice,we defer orders. List on 29.09.2021.

IPIN SANGHW AUGUST 23,2021 sr I JASMEET Sm( H 2020:DHC:3955-DB $~A-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)3411/2020 NATIONALFEDERATION OF THEBLIND Petitioner Through; None versus % UNION OFINDIA & ORS Through: Respondents Mr.Vivek Goyal,CGSCfor UOI. Mr.Apoorv Kurup and Ms.Vartika Mishra,Advs.for R-3(UGC) CORAM; HON'BLE MR.JUSTICE VIPIN SANGHI HON'BLE MR.JUSTICE JASMEET SINGH ORDER 23.08.2021 Filetakenuptoday as20.08.2021 wasdeclared holiday. CM APPL.3410/2021 None appearsforthepetitioner orforthe Delhi University whenthe matteris calledout.Intheinterestofjustice,wedeferorders. List on 29.09.2021. IPIN SANGHLjJ august23,2021 sr /JasmSe^^ H 2020:DHC:3955-DB $~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)3411/2020 NATIONAL FEDERATION OF THE BLIND Petitioner Through: None versus UNION OF INDIA & ORS Respondents Through: Mr. Vivek Goyal,CGSC for UOI. Mr.Mohinder JS Rupal and Ms.V Bhawani, Advs.for University ofDelhi Mr. Apoorv Kurup, Ms. Nidhi Mittal and Ms. VartikaMishra,Advs.for R-3/(UGC) CORAM: HON'BLE MR.JUSTICE VIPIN SANGHI HON'BLE MR.JUSTICE JASMEET SINGH ORDER % 29.09.2021 CM APPL.3410/2021 None appears for the petitioner when the matter is ealled out. Mr. Rupal, who appears for the Delhi University states that this application has become infructuous since the results of all the 7+3+14 candidates have been declared. He also submits thatthree writ petitions were filed before this Court seeking the same reliefi.e., declaration ofthe results being W.P.(C) 1573/2021 titled "Abhishek Maurya v. Union Of India & Ors.," W.P.(C) 1626/2021 titled "Divya Singh v. Union OfIndia & Ors." and W.P.(C) 1631/2021 titled "Sonika Joshi v. Union Of India & Ors." However, they have been withdrawn on 18.08.2021 before the learned Single Judge. Copy of the said order has been shared on screen by Mr. 2020:DHC:3955-DB ]p\ Rupal. It appears to us that since the applieation has become infructuous,for the said reason,none appears for the applicant/petitioner. The application is accordingly disposed of.

SEPTEMBER 29,2021 sr VI GHI,J ASMEET SINGH,J