Ashok Kumar Singh v. University Of Delhi & ORS.

$~16 & 17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2550/2019 & CM APPL. 44191/2019 & 4934/2024 SUMITA PURI AND ORS ...... Petitioners Through:

Mr. Gautam Narayan, Mr. Harshit Goel, Mr. K. V. Vibhu Prasad, Mr.

Sujay Jain, Advs.

versus UNIVERSITY OF DELHI AND ORS ...... Respondents Through:

Mr. Mohinder J. S. Rupal and Mr.

Hardik Rupal, Advs for University of Delhi.

Mr. Mayank Yadav, Adv for R-3.

+ W.P.(C) 2879/2021 & CM APPLs. 8694/2021, 25068/2023, 1669/2024 ASHOK KUMAR SINGH ..... Petitioner Through:

versus UNIVERSITY OF DELHI & ORS ...... Respondents Through:

Mr. Mohinder J. S. Rupal and Mr.

Hardik Rupal, Advs for University of Delhi.

Mr. Mayank Yadav, Adv for R-2.

Mr. Madhav Khurana and Mr.

Vignaraj Pasayat, Advs for R-3 to R-5.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 25.01.2024 1.

The instant Writ Petitions have been filed on account of a report of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the Internal Complaints Committee dated 30.03.2019 involving the Petitioners herein.

2.

The University Grants Commission has framed the UGC (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulation, 2015 laying down the process of conducting the enquiry and the appeals arising therefrom. Regulation 8 gives the process of conducting the enquiry. Regulation 8(7), which provides for conciliation, reads as under: "The aggrieved party may seek conciliation in order to settle the matter. No monetary settlement should be made as a basis of conciliation. The HEI shall facilitate a conciliation process through ICC as the case may be, once it is sought. The resolution of the conflict to the full satisfaction of the aggrieved party wherever possible, if preferred to purely punitive intervention."

3.

Regulation 8 of the UGC (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulation, 2015, therefore, encourages settlement between the parties and prefers conciliation to punitive interventions. 4.

During the pendency of the Writ Petitions, the Petitioners have entered into a settlement agreement dated 03.01.2024. The terms of the settlement are reproduced and the same reads as under:- "1. Both the parties agree to withdraw their respective writ petitions pending before the Hon'ble High Court of Delhi in the interest of the College, i.e. WP (C) No. 2550 of 2019 titled as Sumita Puri & Ors v University of Delhi & Ors. and WP (C) No.2879 of 2021 titled m As/10/c Kumar Singh v University of Delhi & Ors., simultaneously and unequivocally.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2. Party No. I undertakes that neither they, nor, on their behalf, anyone else will raise the subject matter of the complaints which have culminated into the reports of the Internal Complaints Committee (ICC') dated 30.03.2019 at any forum/court/tribunal. Party No.2 also undertakes that neither he, nor, on his behalf, anyone else will insist upon implementation of the reports of the ICC dated 30.03.2019 at any forum/court/tribunal.

3. Parties declare that they have had access to legal counsel and legal advice and have read and signed the present Settlement Agreement with complete understanding of the meaning, consequences and effect of all the terms and covenants agreed to hereinbefore

4. Parties agree that they will make a joint request in view of present settlement to the Governing Body of the college for further action in accordance with relevant law/rule/regulation to close the matter qua reports dated 30.03.2019.

5 That the Parties are willingly entering into the present Settlement Agreement without any influence/ coercion or pressure from any quarter

6. The present Settlement Agreement is being entered into on the solemn understanding that the parties will remain bound by their undertakings herein and will not do any act which will violate the same in any manner However, if any of the parties, do any act or deed in violation of the terms of the present Settlement Agreement, the other party will be at liberty to take appropriate steps in accordance with law 7 That the present Settlement Agreement is being executed in quadruplicate and each member of First Party ie. Dr. Sumita Puri, Dr. Brati Biswas and Dr. Madhuri Chawla shall retain one counterpart and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Party No.2 shall retain one counterpart."

5.

The Settlement Agreement is made a part of this Order and both the parties are bound to its terms.

6.

In view of the above, no further orders needs to be passed in the present Writ Petition.

7.

Accordingly, the Writ Petitions are disposed of on the basis of the settlement agreement. Pending applications, if any, also stand disposed of. SUBRAMONIUM PRASAD, J JANUARY 25, 2024 Rahul The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.