Amity Law School Delhi v. Aanya Kameshwar & ORS

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 332/2018 AMITY LAW SCHOOL DELHI ..... Appellant Through:

Mr.Amitesh Kumar, Mr.Rajan Chawla, Mr.Shyam Singh and Ms.Priti Kumar, Advocates.

versus AANYA KAMESHWAR & ORS ..... Respondents Through:

Mr.Vishwajit Bhattacharya, Sr. Adv. with Mr.Anivesh Bhardwaj, Advocate for R-1, 9, 11, 27 & 28.

Ms.Priyam Mehta, Advocate for Bar Council of India.

Mr.Harsh Kaushik and Ms.Sarita panda, Advocates for respondent/GGSIPU.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL HON'BLE MR. JUSTICE C.HARI SHANKAR

O R D E R

% 11.06.2018 1.

At the outset, learned counsel for the appellant has no objection if the matter is heard by this Bench despite the fact that at present two students of Amity Law School studying in 10th Semester are working as an intern with C.Hari Shankar, J.

2.

The present appeal has been filed challenging the order dated 01.06.2018 passed by Learned Single Judge.

3.

As per order dated 01.06.2018, Respondent no. 30 and petitioner herein were directed to conduct 7 days of extra classes/tutorials within 10

days for all the effected students. Relevant para of the order reads as under:

29. Before concluding, I do earnestly hope that the Respondent No. 3/BCI, which is an expert body comprising of distinguished legal experts, will give its thoughtful consideration to the aforesaid issues and take pro-active measures to monitor the standards of legal education being maintained by accredited law colleges/universities across the country. The Respondent No. 3 should also give its thoughtful considerations to the issue whether, in the circumstances of the present case as noted hereinabove, it would be appropriate for an Apex Body like the Bar Council of India to discard the findings and recommendations of the Respondent No.1/University, without giving any opportunity to the Respondent No.1/University to even explain the reasons for arriving at the factual basis for issuing the aforementioned directions to the Respondent No.2/College, at whose behest the report was placed before the Respondent No.3/BCI.

30. For the aforementioned reasons, the Application is allowed with a direction to the Respondent No.1/University and Respondent No.2/College to conduct within ten days, 7 days of extra classes/tutorials for all those students desirous of attending the same. It is further directed that, within 5 days of the conclusion of the aforesaid extra classes/tutorials, the Respondent Nos. 1 and 2 shall provisionally recalculate the attendance of the students for the ninth semester on the basis of the recommendations made in the Expert Committee Report dated 21.02.2018, by including the attendance for the aforesaid extra classes/tutorials.

4.

Mr. Amitesh Kumar learned counsel for the petitioner contended that order dated 01.06.2018 has not been complied with due to non-availability of faculty.

5.

He further contended that it is not possible to open the institution during the month of June being summer vacations. 6.

Mr. Vishwajit Bhattacharya, Sr. Adv. enters appearance on advance

notice and submits that the order dated 01.06.2018 was passed in presence of counsel for the petitioner and now it is not open to take the plea that the month of June is not suitable/convenient to them to comply with order dated 01.06.2018 passed by learned Single Judge.

7.

After some arguments learned counsel for the petitioner on instructions seeks extension of time granted by the learned single judge and undertook to hold the classes by 08.07.2018. Counsel for the Respondents have no objection to the same.

8.

Heard.

9.

At this stage, counsel for the petitioner on instructions submits that the period of 10 days for holding classes granted vide order dated 09.07.2018 by the learned Single Judge may be extended till 08.07.2018 as the matter is now listed before the learned Single Judge on 09.07.2018. 10.

Counsel for the respondents have no objections if the present appeal is disposed of.

11.

Accordingly, the present appeal is disposed of in terms of assurance given by the counsel for the petitioner that they would conduct the extra classes tutorial before 08.07.2018. The recalculation of the attendance of the students for the 9th Semester would remain subject to final outcome in the writ petition.

12.

Copy of the order be given Dasti under signatures of Court Master. SANGITA DHINGRA SEHGAL, J C.HARI SHANKAR, J JUNE 11, 2018/afa