Delhi High Court - Orders
Dr. Megha Sugandh vs State Of Nct Of Delhi & Ors on 13 October, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13540/2022
DR. MEGHA SUGANDH ..... Petitioner
Through: Mr. Rahul Malhotra, Advocate.
versus
STATE OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Avishkar Singhvi, Mr. Vivek
Kumar, Mr. Naved Ahmed,
Advocates for R-1/ GNCTD and Mr.
Sandeep Kadyan, Patwari SDM
(Model Town).
Ms. Anita Sahani, Advocate for R-2/
GGSIPU.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 13.10.2022 CM APPL. 41643/2022 (seeking stay of letter dated 05th August, 2022 passed by R-2)
1. By way of this interim application, Petitioner [Dr. Megha Sugandh] seeks stay on the operation of letter dated 05th August 2022 issued by Respondent No. 2 [hereinafter interchangeably "GGSIPU" or "University"], whereby admission of Petitioner was cancelled. Further, Petitioner seeks permission to pursue MD (Ayush) - Post-Graduate Ayurvedic Course/ PGAC [hereinafter "course"] and join classes, till adjudication of present petition.
2. At the outset, Mr. Rahul Malhotra, counsel for Petitioner, states that Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:19.10.2022 10:09:34 Petitioner would not claim any monetary benefit/ stipend arising out of/ attached to pursuing the course.
3. Mr. Malhotra argues that cancellation of Petitioner's admission is on account of fault on part of the University; no fault/ dishonest intention is attributable on Petitioner's part, who acted on instructions and advice given by University officials and accordingly filed an application before the Sub- Divisional Magistrate (Model Town), New Delhi ["SDM"] for procuring Income and Asset certificate. On 30th December, 2020, Petitioner wrote to Joint Registrar (Admission), GGSIPU, seeking conversion of her category from 'OBC' to 'General (EWS)' and undertook to show her "original EWS certificate at the time of counselling...". Thereafter, pursuant to the Income and Asset certificate issued to her, she was admitted her to the course.
4. In prima facie opinion of the Court, such a request cannot be entertained as an interim measure since the basis for Petitioner's admission was admittedly her status of Economically Weaker Section ["EWS"] candidate that was claimed on the basis of Income and Asset certificate produced by her, which has been cancelled vide Order no. SDM (MT)/2021/519 dated 05th February, 2022. Consequently, GGSIPU has also cancelled Petitioner's admission vide impugned letter dated 05th August 2022, on receipt of SDM's order. Reliefs urged by way of the instant application would have to be examined at the stage of final adjudication of the petition and cannot be granted as an interim measure/ pre-emptory order(s)/ direction(s), as sought in the application.
5. Dismissed.
W.P.(C) 13540/2022 Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:19.10.2022 10:09:34
6. Counter-affidavits be filed within three weeks from today. Rejoinder thereto, if any, be filed within one week thereafter.
7. Re-notify on 09th November, 2022.
SANJEEV NARULA, J OCTOBER 13, 2022/HP Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:19.10.2022 10:09:34