Ashutosh Kumar v. Jawaharlal Nehru University

36 & 38 to 46 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 4380/2016 & CM APPLs. 18344-18345/2016 KANHAIYA KUMAR Through: Ms. Rebecca John, Senior Advocate with Ms. Tarannum Cheema and Mr. Harsh Bora, Advocates.

JAWAHARLAL NEHRU UNIVERSITY & ANR ..... Respondents W.P.(C) 4388/2016 & CM APPL. 18378/2016 REYAZUL HAQUE Mr. Vaibhav Vats and Ms. Arpita Rai, Advocates.

W.P.(C) 4389/2016 & CM APPL. 18379/2016 GARGI ADHIKARI Mr. Vaibhav Vats and Ms. Arpita Rai, Advocates.

W.P.(C) 4390/2016 & CM APPL. 18380/2016 ANWESHA CHAKRABORTY Mr. Vaibhav Vats and Ms. Arpita Rai, Advocates.

W.P.(C) 4391/2016 & CM APPL. 18381/2016 RUBINA SAIFE Mr. Vaibhav Vats, Ms. Arpita Rai and Mr. Ranjay N., Advocates.

W.P.(C) 4392/2016 & & CM APPL. 18382/2016 ASWATHI A. NAIR Mr. Vaibhav Vats, Ms. Arpita Rai and Mr. Ranjay N., Advocates.

W.P.(C) 4393/2016 & CM APPL. 18383/2016 AISHWARYA ADHIKARI Mr. Vaibhav Vats, Ms. Arpita Rai and Mr. Ranjay N., Advocates.

W.P.(C) 4394/2016 & CM APPL. 18384/2016 KOMAL MOHITE Mr. Vaibhav Vats, Ms. Arpita Rai and Mr. Ranjay N., Advocates.

W.P.(C) 4395/2016 & CM APPL. 18385/2016 ASHUTOSH KUMAR Through: Ms. Nitya Ramakrishnan, Mr. Sarim Naved, Mr. Shadan Farasat, Mr. Ahmed Saeed, Ms. Warisha Parasat and Mr. Suroor Mander, Advocates.

AND W.P.(C) 4398/2016 & CM APPLs. 18390-18391/2016 CHINTU KUMARI & ORS ..... Petitioners Through: Ms. Nitya Ramakrishnan, Mr. Sarim Naved, Mr. Shadan Farasat, Mr. Ahmed Saeed, Ms. Warisha Parasat and Mr. Suroor Mander, Advocates.

JAWAHAR LAL NEHRU UNIVERSITY

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 13.05.2016 At the outset, learned counsel for petitioners assure and undertake to this Court that JNUSU as well as its affiliated bodies would withdraw their pending strike and would not indulge in any strike or dharna or agitation in future in connection with the issues before this Court and/or till the legal proceedings pending as of date between the parties attain finality. They further assure this Court that discipline on the campus shall be maintained. However, they pray that they be given permission to make peaceful appeal/representation to the concerned authorities. The statements, assurances and undertakings given by the learned counsel for petitioners as well as on behalf of JNUSU are accepted by this Court and petitioners are held bound by the same.

A perusal of the paper books reveal that all the petitioners have filed appeals against the impugned High Level Enquiry Committee report. Some of the petitioners have even filed stay applications for stay of the High Level Enquiry Committee report as well as the penalty imposed. Since an appeal is continuation of the main proceedings and no date of hearing is fixed in the present appeals, this Court is of the opinion that the petitioners cannot be condemned unheard.

shall not be given effect to.

To facilitate the petitioners to file alternate proceedings, in the event, appeals filed by the petitioners are rejected, the said appellate orders shall not be given effect to for a period of two weeks. However, it is made clear that the protection granted by this Court is conditional upon the petitioners and JNUSU complying with their undertaking to this Court that they shall immediately withdraw their strike and would not indulge in any strike or dharna or agitation or coercive action in future in connection with the issues before this Court and/or till the legal proceedings pending as of date between the parties attain finality Before parting with these cases, this Court would like to place on record its appreciation for the pragmatic stand taken by the counsel appearing for the parties.

With the aforesaid observations and directions, present writ petitions and applications stand disposed of.

Order dasti under the signature of the Court Master. MANMOHAN, J MAY 13, 2016 js