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High Court of DelhiW.P.(C)/3574/2016

Mohit Kumar Gupta And ORS. v. University Of Delhi

2016-04-29Hon'Ble Mr. Justice Manmohan4 pages

#35 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3574/2016 & CM APPL. 15318-15320/2016 MOHIT KUMAR GUPTA AND ORS.

..... Petitioners Through Petitioners in person.

versus UNIVERSITY OF DELHI ..... Respondent Through Mr. Amit Bansal with Ms. Seema Dolo, Advocate for R-1.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 29.04.2016 Present writ petition has been filed with the following prayers:- "A. Issue a Writ of Mandamus to University of Delhi to complete the process of issuance of duly signed „Admit Cards‟, at each centre of Faculty of Law, for all the students appearing in semester examination of Bachelor of Laws (LL.B.) scheduled to be held in May-June, 2016 and thereafter, at least one week prior to the commencement of said examinations;

B.

immediately stay the allotment of „Department of Education/Central Institute of Education (CIE), University of Delhi‟ as an examination centre for any examination and direct the university administration to ensure proper seating facilities for students who write with left hand (southpaw);

C.

order the Head, CIE through the Registrar to provide proper seating facilities, at least at par with other

departments and colleges, for the students reading various courses and/or appearing for examinations in Department of Education/ Central Institute of Education; D.

order the Chief Medical Officer (CMO), WUS Health Centre through the Registrar, University of Delhi to ensure one medical attendant or doctor at each examination centre during examinations to be conducted in or under the aegis of University of Delhi from MayJune 2016 and thereafter; E.

direct the Registrar to issue guidelines to every invigilator and superintendent at examination centre to provide acknowledgement against attendance of students in each paper by way of signature and date on the admit cards, and make necessary changes in format of admit card to provide space for acknowledgement of attendance in examination;

F.

direct the Registrar to ensure provision of adequate and potable water for drinking purposes to each student during examination and also recommend to the University the suggestion put by the petitioners to provide for packaged drinking water to each student during examinations, whether by post or otherwise; G.

order the university administration through the Registrar to immediately notify that any communication made to any institution under the aegis of the university, to compulsorily provide acknowledgement on its copy with proper signature, date and time by the receiving officials; H.

order the creation of hotline/helpline for students to communicate grievances during examinations;

I.

Order the university administration through the Registrar to immediately direct each departmental head, professor incharge and principal and other administrative officials

to provide „Reference Number and Date‟ to notices issued by them without fail; and J.

pass any other order(s), directions and instructions as this Hon‟ble Court deems fit in the interest of justice." It is the petitioners' case that the petitioner No.1 was issued an admit card for the previous semester exam without the signature of O.S.D. (Examinations) and the said petitioner had to run from pillar to post to get the signature.

Petitioners also state that there is a problem of improper and uncomfortable sitting specifically for petitioner No.4 who writes with his left hand.

Petitioners further state that access to medical facilities is not available at examination centres.

A perusal of the file reveals that the Department of Education of respondent-University in reply dated 18th January, 2016 to the petitioner's RTI queries has stated that not only tabloid chairs provided to the students are conducive for examination purposes, but the left hand candidates are also provided on request extra tabloid chairs for writing their examination. The Dean (Examinations) in response to the petitioner's letter has stated as under:- "With regard to sitting facility at Department of Education it is stated that the Department of Education has been conducted various Examination of University of Delhi smoothly for the last several years by providing the same sitting facilities and examination branch has not received any complaint regarding sitting facilities.

The sitting facilities at Department of Education are quite good. This complaint has not substance and being disposed off."

The CMO, WUS Health Centre in its letter dated 18th March, 2016 has stated that medical facilities are available round the clock at the North Campus and in emergency, doctors attends to patients in examination halls/ centres.

Keeping in view the aforesaid responses, this Court is of the view that concerns expressed by the petitioners have already been taken care of by the officials of respondent-University. However, as a matter of abundant caution it is directed that petitioners shall be issued admit cards three days prior to the date of examination.

This Court may mention that by way of present petition, petitioners virtually want this Court to administer the law faculty of respondentUniversity - which is impressible in law. With the aforesaid observations and direction, present writ petition and applications stand disposed of.

MANMOHAN, J APRIL 29, 2016 rn