Dr. Vijender Kumar v. University of Delhi

Delhi High Court · 22 Sep 2020 · 2020:DHC:2825
Prathiba M. Singh
W.P.(C) 4247/2020
2020:DHC:2825
administrative petition_dismissed

AI Summary

Delhi High Court granted interim relief extending thesis submission deadline for MDS students amid COVID-19, directed refund of late fees, and left substantive legal issues open.

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W.P.(C) 4247/2020
HIGH COURT OF DELHI
Date of Decision: 22nd September, 2020
W.P.(C) 4247/2020 & CM APPLs. 15287/2020, 15288/2020
DR. VIJENDER KUMAR ..... Petitioner
Through: Mr. Sarthak Maggon, Advocate.
VERSUS
UNIVERSITY OF DELHI & ORS. ..... Respondents
Through: Mr. Mohinder J.S. Rupal & Mr. Hardik Rupal, Advocates for R-1.
Dr. Vikrant Narayan Vasudeva, Mr. Parv Ahluwalia & Mr. Sarthak Chiller, Advocates for R-3/MAIDS.
Mr. Apoorv Kurup & Ms. Nidhi Mittal, Advocates for UGC/R-5.
Ms. Nidhi Raman, CGSC for R-6/UOI (M-9891088658)
Ms. Shefali Vohra, Advocate for R7/ GNCTD (M-9313181836)
Mr. T. Singhdev & Ms. Michelle B.
Das, Advocates for R-4/DCI
CORAM:
JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J. (Oral)
JUDGMENT

1. The hearing has been held through video conferencing.

2. The present petition was filed by several doctors pursuing the Master of Dental Sciences (“MDS”) course at Maulana Azad Institute of Dental Sciences (hereinafter, ‘MAIDS’). They had approached this Court seeking relaxation of the deadline for submitting their thesis, as part of their course curriculum. Vide a detailed order dated 20th July, 2020, this Court had extended the deadline in the following terms:

“18. Neither DU nor MAIDS have been able to place on record proper documents to establish as to when the colleges and students were notified of the
2020:DHC:2825 various changes in deadlines for submission of thesis. Thus, one thing is clear that the last date for submission of thesis has been muddled up and confusion has been created in the minds of students. Mr. Mohinder Rupal submits that MAIDS is a non- COVID hospital. Ld. counsel for the Petitioner - Mr. Sarthak Maggon submits that four out of the nine Petitioners are on COVID duty. Insofar as the students who have approached this Court are concerned, considering the lockdown and the stress on all medical colleges and institutions and also considering that the original Executive Council’s amendment had extended the time till 15th October, 2020, this Court is inclined to grant extension of time for submission of thesis till 30th September, 2020. The same shall however be subject to payment of late fee of Rs.5,000/-. Those Petitioners who are capable of submitting their thesis by 31st July, 2020 would be permitted to do so without any late fee payment. The payment of late fee shall be subject to further orders of this Court.
19. The above order is being passed in the interest of third year MAIDS students who have approached this Court for relief. Considering that there is enormous mis-communication between the authorities and the circulars were not adequately circulated amongst the students, this relief is being granted at the prima facie stage. The same shall not be considered as an opinion on merits either regarding the powers of the Executive Council and the BRS or as to the genuinity and validity of the BRS minutes, which issues shall be considered at the stage of final adjudication of the writ petition.”

3. University of Delhi (hereinafter, ‘DU’) has now filed a short affidavit, stating that the benefit of the order dated 20th July, 2020 has been given to the Petitioners, in terms of the said order. The relevant extract of the counteraffidavit is set out below:

“9. In these circumstances, though the present Petitioners may be allowed to submit their thesis, as directed by this Hon’ble court vide order dated 20.07.2020, but it may be made clear that for the next academic session and onwards, the last date of submission of the thesis shall be as per the Resolution passed by the BRS, which is 30th April of each year.”

4. A perusal of the above paragraph shows that insofar as the current academic session is concerned, the order dated 20th July, 2020 has been accepted in respect of all the Petitioners and similarly placed students. In the order dated 20th July, 2020, the Court had raised various questions that had arisen for determination. However, in view of the fact that the order dated 20th July, 2020 has now operated till date and the students have been given benefit of the said order, these questions are not being adjudicated. The questions of law raised in this petition are left open. This Court has not rendered any opinion or made any observations in respect of DU’s stand that the date of submission of thesis would be 30th April each year.

5. Insofar as the late fee of Rs.5,000/- is concerned, the present order be communicated to MAIDS. The late fee was deposited only due to the orders of this Court and was subject to further orders. The directions given in the order dated 20th July, 2020 have now been accepted by all the parties, and accordingly MAIDS is directed to grant refund or adjustment of Rs.5000/- to the Petitioners and other similarly situated candidates, who have made the payment of late fee for submission of their thesis.

6. With these observations the petition is disposed of. All pending applications are also disposed of.

PRATHIBA M. SINGH, J. SEPTEMBER 22, 2020 Rahul/A