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HIGH COURT OF DELHI
Date of Decision: 24th July, 2020
ANUPAM & ORS. ..... Petitioners
Through: Mr. Akash Sinha, Mr. Shubham Saket, Ms. Kanika Roy, Mr. Indrajeet Singh and Mr. Gaurav Prakash Shah, Advocates.
Mr. Shivankar Sharma, Advocate for Intervenors.
Through: Mr. Sachin Datta, Senior Advocate with Mr. Mohinder Rupal and Mr. Hardik Rupal, Advocates for
R1/University of Delhi.
Mr. Tushar Mehta, ld. Solicitor General with Mr. Apoorv Kurup, Ms. Nidhi Mittal, Mr. Siddharth Nigotia and Dr. Vikas Gupta, JS for R-2
/UGC.
Ms. Sunieta Ojha, CGSC for UOI.
JUDGMENT
1. This hearing has been done by video conferencing.
2. Copy of the Kuhad Committee Report has been placed before this Court by Ld. Counsel for the UGC, in a sealed cover. The Court has perused the same and it has been on retained on record in a sealed cover.
3. Mr. Tushar Mehta, ld. Solicitor General, submits that some petitions, 2020:DHC:2360 which were challenging the UGC guidelines dated 6th July 2020, were listed before the Supreme Court yesterday and are likely to be listed again on 27th July, 2020. Accordingly, it is prayed that the present matter be taken up after a few days.
4. Ld. counsel appearing for the Petitioner submits that the UGC guidelines were published after filing of this writ petition and are not challenged by the Petitioners herein. Be that as it may, this Court is of the opinion that hearing in this matter ought to be deferred.
5. Mr. Shivankar Sharma, ld. counsel appearing for intervenors submits that the facilities and features which were to be incorporated in the mock test examination and the final OBE, as recorded in paragraph 3 onwards of the order dated 7th July, 2020 have not been implemented by University of Delhi (hereinafter, ‘DU’). The Court has perused the said order, and specifically para 3(iv) & (v) have been highlighted to Mr. Sachin Datta, ld. Sr. counsel appearing for DU. Mr. Datta, ld. Sr. counsel submits that he would like to seek instructions from DU as to whether these features have been incorporated in mock test examination phase-I and phase-II as well as in the final OBE examination. Mr. Datta to revert with these instructions, on the next date of hearing.
6. It has been informed to the Court that the University of Delhi has an agreement with a society called CSC Academy, which is stated to be under Ministry of Information and Technology (MEITY). This CSC Academy is providing the facility of CSC centres across the country at panchayat level to the students, who do not have availability of infrastructure to give OBE examination. In order to assess the preparedness of CSC centres, issue notice to Shri Dinesh Kumar Tyagi, CEO, CSC Academy (M: 9910032467) through both Whatsapp and SMS. Mr Tyagi to join the video conferencing hearing on the next date. CSC Academy shall on the said date place before this Court the list of all the centres, which have been taken on board for enabling conduct of DU examinations and also inform this Court about the preparedness of the said CSC centres during both in the mock test examination and main OBE examination. Ms. Ojha, ld. CGSC for UOI to also inform Mr. Tyagi of CSC Academy of the order passed today.
7. Mr. Sachin Datta, ld. Sr. counsel and Mr. Hardik Rupal, ld. counsel may also seek instructions as to whether there are any other entities, which are involved in the conduct of the OBE examinations and if so, what is their role. Mr. Sanjeev Singh, Computer Cell, University of Delhi and Professor Mr. Vinay Gupta, Dean (Examination) who had joined the hearing on 7th July 2020 to remain present through video conferencing on the said date.
8. Registry to send a copy of this order to Shri Dinesh Kumar Tyagi, CEO, CSC Academy (M: 9910032467) through both Whatsapp and SMS. Ms. Ojha to also inform Mr. Tyagi of CSC Academy of the order passed today.
9. List for the limited purpose of directions to DU on 27th July, 2020, at end of board. List for hearing on 30th July 2020, at the end of board.
PRATHIBA M. SINGH JUDGE JULY 24, 2020/dk/A