Allowed

Mitthan Lal v. Vice Chancellor, University of Delhi & Anr.

Delhi HC9 Dec 2016W.P.(C)/10837/2015

Case brief

AI extract

What is this about?

Bench directed University of Delhi to permit petitioner to write 5th semester exams and declare backlog results for 3rd semester, clarifying consequences based on clearance status, and ordered publication of results for semesters sealed during earlier hearing.

What did the court decide?

Petitioner permitted to write 5th semester exams. University directed to declare 3rd semester backlog results immediately and publish results of 2nd, 4th, and 6th semesters.

Mitthan Lal Vs Vice Chancellor, University of Delhi… — Education and Admissions | Delhi HC (2016)

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$~19

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 10837/2015, CM Nos. 27879/2015 & 9143/2016 MITTHAN LAL

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..... Petitioner

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Through: Counsel (appearance not given)

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versus

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VICE CHANCELLOR, UNIVERSITY OF DELHI & ANR

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..... Respondent Through: Mr. Amit Bansal, Ms. Manisha Singh, Ms. Seema Dolo & Ms. Surbhi Mehta, Advs. for Delhi University

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CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO

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O R D E R

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% 09.12.2016

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Adjourned to 22^nd March, 2017, on account of Full Court Reference to

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bid farewell to Hon‟ble Ms. Justice Sunita Gupta.

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V. KAMESWAR RAO, J

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DECEMBER 09, 2016 /ak

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After the aforesaid order was signed, the learned counsel for the petitioner mentioned the matter at 2.30 pm, when I sat in the Court for hearing in another writ petition.

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Learned counsel for the petitioner states that the petition requires urgent hearing as the exams of the 3^rd and 5^th shall be held, with effect from 20^th December, 2016.

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Mr. Amit Bansal, learned counsel appearing for the respondents state in view of the urgency, expressed by the learned counsel for the petitioner, he has no objection if the matter is heard today.

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In view of the submissions made by the learned counsel for the parties, the order adjourning the petition to 22^nd March, 2017 is recalled. 5. I have heard the learned counsel for the parties.

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Learned counsel for the petitioner states, even though, this Court had permitted the petitioner to sit in the 5^th semester exams on November 24, 2015, still the petitioner is ready to appear again in the exams of 5^th semester, only to obviate a circumstance when, later, on the opening of the sealed cover, it is found that the petitioner has not cleared certain 5^th semester papers. Learned counsel for the petitioner also states that the petitioner also be permitted to write the backlog of papers of 3^rd semester by directing the University to declare the result of the same, which are in a sealed cover.

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Mr. Amit Bansal, states since the punishment period is over, the petitioner is at liberty to take the 5^th semester exams afresh. He concedes that the University had allowed the petitioner to write the backlog of certain papers of 3^rd semester in the month of November, 2015, even though the punishment was in vogue during that period.

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This Court is of the view, as the penalty period is over, there is no impediment for the petitioner to write the 5^th semester exams afresh and the backlog papers of 3^rd semester, if the petitioner had not cleared the same. Accordingly, the University is directed to declare the result of the backlog papers of 3^rd semester immediately. If the petitioner has cleared all the backlog papers of the 3^rd semester, then the necessary consequence shall

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flow but if he has not cleared some/all the backlog papers of the 3^rd semester, the petitioner shall be at liberty to appear in those papers and the University shall permit him.

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It is also made clear, the results of the 2^nd , 4^th and 6^th semester, which were kept in sealed cover and opened in the Court during the hearing on 9^th November, 2016 shall be published by the University.

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Learned counsel for the petitioner, on instructions from the petitioner, states this order would satisfy the petitioner and he would not press the writ petition for any other relief. The petition is disposed of, as such.

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The date of 22^nd March, 2017 stands cancelled.

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Dasti.

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V. KAMESWAR RAO, J

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DECEMBER 09, 2016 /ak

Mitthan Lal v. Vice Chancellor, University of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Mitthan Lal v. Vice Chancellor, University of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

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