Abner Ingty Watre v. The University Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 407/2016 ABNER INGTY WATRE ....Appellant Through : Mr.Giri Nagu Kumar, Advocate with Ms.Rhuini Dey, Adv.

VERSUS

THE UNIVERSITY OF DELHI&ORS ....Respondents Through : Mr. Ankur Chibbar, Advocate for respondents No. 1 to 4.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

20.07.2016 CM No.25320/2016 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CM No.25319/2016 (delay) 3.

The present application has been filed under Section 5 of Limitation Act seeking condonation of delay of 14 days in filing the present Letters Patent Appeal.

4.

For the reasons stated in application, the delay of 14 days in filing the present appeal is condoned. Application stands disposed of. LPA 407/2016 1.

The Petitioner in W.P.(C) No.3508/2016 is the Appellant before us. The said writ petition, which was filed seeking a direction to the Respondents/Delhi University to frame a mechanism for providing photocopies of the evaluated answer scripts at the rate of Rs.2/- per page in accordance with the provisions of the Right to Information Act, 2005 LPA No. 407/2016

and the Rules made thereunder, was disposed of by the learned Single Judge by the order under appeal dated 28.04.2016 granting liberty to the petitioner to move an application in the pending writ petition, i.e. W.P.(C) No.1873/2016.

2.

We have heard the learned counsel for both the parties. 3.

As could be seen from the material available on record, W.P.(C) No.1873/2016 was filed challenging the order of the Central Information Commission (CIC) dated 15.01.2016 wherein certain directions were issued to Delhi University which included providing copies of the answer sheets at the rate of Rs.2/- per page. By order dated 08.03.2016, the order of CIC dated 15.01.2016 has been stayed by this Court pending W.P.(C) No.1873/2016. That apart, the issue as to what rate should be charged for furnishing answer scripts is the subject matter of SLP (Civil) No.12692/2014 titled Institute of Companies Secretaries of India v. Paras Jain which is pending before the Supreme Court. 5.

The learned Single Judge therefore was justified in not entering into the merits of the case. The said order does not suffer from any legal infirmity warranting interference.

6.

Accordingly, the appeal is dismissed. However, the Appellant is at liberty to move an appropriate application in W.P(C) No.1873/2016 as observed by learned Single Judge.

CHIEF JUSTICE SANGITA DHINGRA SEHGAL, J JULY 20, 2016 LPA No. 407/2016