Dismissed¶45

Mehri Maleki Dizicheh v. Union of India and Others

Punjab & Haryana HC8 Apr 2025CWP/20359/2023

Case brief

AI extract

What is this about?

foreign national Ph.D research scholar Panjab University thesis submission deadline expired golden chance circular 540 7.12.2021 circular 10913-11062 22.09.2022 overstay penalty waiver stay visa bona fide student certificate hostel access last opportunity refused not tenable under any law writ petitions dismissed pending applications disposed UNHCR refugee status liberty CWP-20359-2023 CWP-970-2023 O&M Kuldeep Tiwari April 08 2025

What did the court decide?

No substantive relief granted; both writ petitions dismissed and pending applications disposed of. Liberty alone reserved to the petitioner to approach the authority(ies) concerned regarding refugee status, which may take apt decision in accordance with law. ¶45

Mehri Maleki Dizicheh Vs Union of India and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, a foreign national Ph.D research scholar enrolled in 2012 who failed to complete her course within the stipulated eight years despite golden chances, is entitled to a further/final (last) opportunity to submit her thesis. +1 more

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Court's answer

The petitioner's request for a last opportunity to submit her thesis is not tenable under any law: she enrolled way back in 2012 and, despite lapse of approx. 12/13 years and extraordinary chances not in accordance with the University's calendar, failed to complete her study/course and submit her thesis.

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Ratio / Principle

The Court finds no merit in the writ petitions and no ground to grant any further extension to the petitioner to submit her thesis.

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Key takeaways

Both writ petitions (CWP-20359-2023 and CWP-970-2023 (O&M)) are dismissed, and pending application(s) stand disposed of accordingly.ratio¶45
Liberty is reserved to the petitioner to approach the authority(ies) concerned if she believes she is entitled to refugee status, and such authority is at liberty to take apt decision in accordance with law; the refugee-status question is thus left to the competent authority.obiter¶45

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Kuldeep Tiwari, J., oral) — CWP-20359-2023 and CWP-970-2023 (O&M), decided April 08, 2025: A foreign national enrolled as Ph.D Research Scholar (Department of History), Panjab University, Chandigarh in 2012 (Regn. No. 2012-EZ-5) sought directions to (i) grant a one-year stay visa till completion of her course, (ii) waive the penalty for overstay, (iii) decide her representation dated 05.12.2022, (iv) issue a bona fide student certificate in terms of the order dated 08.08.2022 for visa extension, and (v) permit access to the Hostel allegedly illegally denied, and pressed for a last chance to submit her thesis. Golden chances (circular No. 540 dated 7.12.2021 permitting submission uptill 30.6.2022; Circular No.10913-11062 dated 22.09.2022 permitting submission upto 30.12.2022) went unavailed; her room had been locked by the University on 9.4.2022 for non-deposit of dues, with access to belongings restored only via this Court's order dated 16.9.2024. On an interim direction dated 24.02.2025, the University, treating her case as exceptional (meeting dated 06.03.2025), permitted submission within 15 days, yet she failed, tendering the thesis a day late only to her Supervisor, who is not the competent person. Held: a further last opportunity is 'not tenable under any law'; no merit and no ground for any further extension; both writ petitions dismissed; pending applications disposed of; liberty reserved to approach the authority(ies) concerned for refugee status (UNHCR 'refugee' status noted; application made to Indian authorities), which may decide in accordance with law.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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107 (I) CWP-20359-2023 Date of Decision : April 08, 2025

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MEHRI MALEKI DIZICHEH -PETITIONER

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V/S

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UNION OF INDIA & ORS -RESPONDENTS

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(II) CWP-970-2023 (O&M)

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MEHRI MALEKI DIZICHEH -PETITIONER

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V/S

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REGISTRAR, PANJAB UNIVERSITY & ORS -RESPONDENTS

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CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

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Present: Mr. Deep Inder Singh Walia, Advocate for the petitioner.

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Mr. Satya Pal Jain, Addl. Solicitor General of India, with Mr. Arvind Seth, Sr. Panel Counsel, for the respondent(s)-U.O.I.

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Mr. Indresh Goel, Advocate for the respondents- Panjab University (in CWP-970-2023).

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KULDEEP TIWARI, J. (ORAL)

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Both these writ petitions are amenable for being decided through a common verdict, as the same have been instituted by a common petitioner, craving for issuance of directions upon the respondents to:- (i) grant her stay visa for one year till the completion of her course; (ii) waive off the penalty imposed upon her for overstay; (iii) to decide her representation dated 05.12.2022; (iv) to issue her a bona fide student certificate, in terms of the order dated 08.08.2022, for extension of her visa; and (v) to permit her to access the Hostel, which has been illegally

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DEVINDER YADAV 2025.04.09 16:39 I attest to the accuracy and authenticity of this order/judgment

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CWP-20359-2023 and CWP-970-2023 (O&M)

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denied to her.

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Succinctly stated; the petitioner, a foreign national, enrolled herself as a student of Ph.D Research Scholar in the Department of History in Panjab University, Chandigarh, in 2012, under the guidance of Prof. Rajiv Lochan. The registration number of the petitioner is 2012-EZ-5, bearing ID No. QBOE35502413. As per Rules, the petitioner had to complete her study/course within eight years, however, owing to various reasons including outbreak of COVID-19 pandemic, the petitioner could not complete her study/course within the stipulated period. The petitioner made request for extension of time to complete her study/course, whereupon, the University took a sympathetic view and granted her a golden chance, vide Circular No.10913-11062 dated 22.09.2022, to submit her thesis upto 30.12.2022. However, the petitioner failed to reap the fruits of this golden chance and did not submit her thesis.

¶22

During the course of hearing before this Court on 24.02.2025, this Court, while taking into account the various difficulties expressed by the petitioner and her specific stand that she would submit her thesis within 15 days therefrom and on humanitarian grounds, directed the University to reconsider the case of the petitioner as to whether there is any possibility to grant her a final chance to submit her thesis. The relevant extract of the order dated 24.02.2025 is reproduced hereunder:-

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“During the course of arguments, it reflects that the Panjab University, Chandigarh, had permitted the petitioner to submit her thesis uptill 30.6.2022, in the form of golden chance, vide circular No. 540 dated 7.12.2021. It is also not under dispute that the room of the petitioner was locked by the respondent-University on dated 9.4.2022 on account of non depositing of dues, it is submitted by the

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DEVINDER YADAV 2025.04.09 16:39 I attest to the accuracy and authenticity of this order/judgment

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CWP-20359-2023 and CWP-970-2023 (O&M)

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learned counsel for the petitioner, that because of the said reason, she was unable to submit her thesis, as she did not have any access to her belongings, which were locked by the respondent-University. He further submits that the petitioner was permitted to access her belongings only with the intervention of this Court by drawing an order dated 16.9.2024, vide which the petitioner was allowed to visit the office of Dean Student Welfare (Women) on dated 17.9.2024 at 11.30 AM, and only on that day, she was handed over all her belongings. He also submits that the petitioner is still ready and willing to deposit her thesis, within 15 days, in case an apt mandamus is passed upon the respondent-University.

¶28

Before this Court proceeds to pass any order on merits, this Court deems apt at this stage, to direct the learned counsel who is representing the Panjab University, Chandigarh to have instructions from the quarter concerned, as to whether, considering the abovementioned circumstances, which clearly reflected that the petitioner, was stuck in a situation, beyond her control, and was unable to submit her thesis, can now be permitted to submit her thesis within 15 days, by giving the petitioner a special chance. The respondent-Panjab University, Chandigarh shall also take into consideration that the petitioner is still living illegally on the land of this country, and the only reason for her to continue is that she is unable to submit her thesis, therefore, in order to give quietus to the entire dispute, with regard to her over stay in this country, as well as to allow her to submit thesis before the authority concerned, an apt instructions be conveyed to this Court on the next date of hearing.

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Adjourned to 10.3.2025.

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To be shown immediately after the urgent list.

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No request for adjournment shall be entertained on the next date of hearing.

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A photocopy of this order be placed on the file of the connected case.”

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The hereinabove extracted order was drawn in order to give quietus the entire dispute, as this Court believed that, after submissions of

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DEVINDER YADAV 2025.04.09 16:39 I attest to the accuracy and authenticity of this order/judgment

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CWP-20359-2023 and CWP-970-2023 (O&M)

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her thesis, the petitioner would not overstay and would leave the Indian soil. 5. In deference to the directions of this Court, the University considered the case of the petitioner sympathetically and while treating her case as an exceptional case, a conscious decision was taken by it, in its meeting held on 06.03.2025, to grant permission to the petitioner to submit her thesis within 15 days. Moreover, considering the concession granted by the University, this Court also allowed the petitioner to have access to the digital library and also to her documents.

¶38

Today, the learned counsel for the Panjab University informs this Court that, despite all the facilities becoming made available to the petitioner, yet she failed to submit her thesis within the stipulated period. He further submits that, just a day before, the petitioner has submitted her thesis, but that too, to the Supervisor, who has only to examine the format thereof and he/she is not the competent person. Therefore, the thesis are yet to be submitted to the competent person.

¶39

The learned counsel for the petitioner although fairly admits the failure on the part of the petitioner to submit the thesis, however, he requests for grant of a last opportunity to the petitioner to submit her thesis. This request of the petitioner’s counsel is not tenable under any law. The petitioner enrolled herself as a student way back in 2012 and despite lapse of approx. 12/13 years, she has failed to complete her study/course and to submit her thesis. Moreover, despite the petitioner becoming granted extraordinary chances, which were not in accordance with the University’s calendar, she has failed to submit her thesis.

¶40

At this stage, the learned counsel for the petitioner informs this

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DEVINDER YADAV 2025.04.09 16:39 I attest to the accuracy and authenticity of this order/judgment

¶42

CWP-20359-2023 and CWP-970-2023 (O&M)

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Court that, the petitioner does not have any intent to leave the Indian soil inasmuch as, owing to threats in her native country, she has been given the status of “refugee” by the United Nations High Commissioner for Refugees. He further informs that, the petitioner has applied before the Indian authorities for granting her permission to stay as refugee.

¶45

Be that as it may, this Court does not find any merit in these writ petitions and does not find any ground to grant any further extension to the petitioner to submit her thesis. Consequently, these writ petitions are dismissed . However, liberty is reserved to the petitioner to, in case she believes she is entitled to refugee status, approach the authority(ies) concerned, whereupon, the latter is also at liberty to take apt decision in accordance with law.

¶46

Pending application(s) stand disposed of accordingly.

¶47

A photocopy of this order be placed on file of connected case.

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April 08, 2025	(KU	LDEEP TIWARI) JUDGE
devinder
Whether speaking/reasoned	:	Yes/No
Whether Reportable	:	Yes/No

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DEVINDER YADAV 2025.04.09 16:39 I attest to the accuracy and authenticity of this order/judgment

Procedural history

How this case reached the court

AI extract

Prior proceeding
Petitioner, a foreign national, enrolled as Ph.D Research Scholar in the Department of History, Panjab University, Chandigarh in 2012 under Prof. Rajiv Lochan; registration number 2012-EZ-5, ID No. QBOE35502413; per Rules she had to complete the course within eight years but could not, inter alia owing to COVID-19.¶21
Prior proceeding
University had permitted the petitioner to submit her thesis uptill 30.6.2022 in the form of a golden chance vide circular No. 540 dated 7.12.2021 (as noted in this Court's order dated 24.02.2025); thesis not submitted.¶23
Prior proceeding
Respondent-University locked the petitioner's room on 9.4.2022 on account of non-depositing of dues; counsel submitted she thereby lost access to her belongings and could not submit her thesis.¶23
Prior proceeding
With the intervention of this Court (order dated 16.9.2024), the petitioner was allowed to visit the office of Dean Student Welfare (Women) on 17.9.2024 at 11.30 AM, on which day she was handed over all her belongings.¶27
Prior proceeding
University granted a golden chance vide Circular No.10913-11062 dated 22.09.2022 to submit thesis upto 30.12.2022; petitioner failed to avail it.¶21
Prior proceeding
On 24.02.2025, on humanitarian grounds and the petitioner's stand to submit her thesis within 15 days, this Court directed the University to reconsider whether a final/special chance to submit the thesis was possible, to give quietus to the dispute including her overstay.¶22
Prior proceeding
In deference, the University, treating her case as exceptional, took a conscious decision in its meeting held on 06.03.2025 to permit thesis submission within 15 days; this Court also allowed her access to the digital library and her documents.¶37
Prior proceeding
Despite the facilities made available, the petitioner failed to submit her thesis within the stipulated period; a day before this hearing she tendered the thesis only to her Supervisor (who examines format only and is not the competent person), so it remained unsubmitted before the competent authority.¶38
Prior proceeding
Counsel informed the Court that, owing to threats in her native country, the petitioner has been given 'refugee' status by the UNHCR and has applied before the Indian authorities for permission to stay as refugee.¶44

Mehri Maleki Dizicheh v. Union of India and Others

Case brief

What is this about?

What did the court decide?

Mehri Maleki Dizicheh v. Union of India and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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