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High Court of DelhiW.P.(C)/1212/2018

Ashok Kumar v. Executive Director And ORS.

2018-02-09Hon'Ble Ms. Justice Rekha Palli2 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1212/2018 & C.M.No.5040/2018(for exemption) ASHOK KUMAR ..... Petitioner Through Mr.Prakash Verma, Advocate alongwith petitioner-in-person.

versus EXECUTIVE DIRECTOR AND ORS.

..... Respondent Through Mr.Santosh Kumar, Advocate for R1&2.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 09.02.2018 The petitioner who is a Ph.D student in respondent no.1/institute has vide the present petition prayed for issuance of writ of mandamus directing cancellation of admission of respondent no.5 in the Ph.D Course. Learned counsel for the petitioner submits that respondent no.5 was wrongly granted admission in the Ph.D course by the respondent no.1/institute. He further submits that the respondent no.1/institute is not at all following the prescribed procedure for admission to the Ph.D program or the eligibility criteria as per the guidelines laid down by UGC. He submits that though the petitioner has made various representations to the respondent no.1, but he has received no reply thereto. Thus, he was compelling him to send a legal notice to respondents, has also not been replied by the respondents.

At this stage, learned counsel for the respondent nos.1 & 2, who appears on advance notice submits that the present petition is

misconceived and is liable to be dismissed. At this stage, the learned counsel for the petitioner submits that for the present he is confining his relief only for a direction to respondent nos.1 & 2 to reply to the representations made by him by passing a reasoned and speaking order.

Learned counsel for the respondent nos.1 & 2, does not have any objection to the aforesaid prayer made by learned counsel for the petitioner. Accordingly, the respondent no.1 & 2 are directed to give a reply to the legal notice dated 02.12.2017 dealing with all the contentions raised by the petitioner by passing a reasoned and speaking order within four weeks.

Needless to say, in case the petitioner is aggrieved by the order passed by the respondent nos.1& 2, he will liberty to challenge the same as permissible under law. It is also clarified that the present order is being passed without prejudice to the rights and contentions of the parties.

The writ petition is disposed of in the above terms alongwith the pending application.

Dasti REKHA PALLI, J FEBRUARY 09, 2018 sr