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Delhi High Court - Orders

Debjyoti Ghosh vs Jawaharlal Nehru University And Anr on 23 December, 2022

                          $~22
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 17636/2022
                                 DEBJYOTI GHOSH                                    ..... Petitioner
                                                    Through:      Mr KDLS Vinober, Mr S. Manoj and
                                                                  Mr K. Bharath, Advocates.
                                             versus
                                 JAWAHARLAL NEHRU UNIVERSITY
                                 AND ANR.                              ..... Respondents
                                             Through: Ms Monika Arora with Mr Yash
                                                      Tyagi,       Advocates            for
                                                      JNU/respondent.
                                                      Mr Apoorv Kurup with Ms Swati
                                                      Bhardwaj, Advocates for R-2/UGC.

                                 CORAM:
                                 HON'BLE MR. JUSTICE VIKAS MAHAJAN
                                                    ORDER

% 23.12.2022 CM APPL. 56377/2022

1. Allowed, subject to all just exceptions. W.P.(C) 17636/2022 & CM APPL. 56376/2022

2. This is a petition filed by the petitioner impugning the notification dated 19.12.2022 issued by the respondent no.1, which according to the learned counsel for the petitioner, has rejected the student's request to exclude the period of lockdown from March, 2020 to February, 2022 from the time frame fixed for submission of thesis. He submits that the impugned notification forces the M.Phil/ Ph.D integrated course students of 2016-2022 batch to submit their Ph.D thesis by 31.12.2022, which is not possible at a short notice.

Signature Not Verified Digitally Signed By:ARUNA KANWAR Signing Date:24.12.2022 15:25:02

3. The learned counsel for the petitioner submits that during the lockdown the entire premises of the respondent was locked and they also could not carry out the field work, therefore, he urges the period of the lockdown should be excluded from the total period during which the thesis is to be submitted.

4. Issue notice. The learned counsel named above accepts notice on behalf of the respondents.

5. Counter affidavit be filed within a period of two weeks. Rejoinder, if any, be filed before the next date.

6. The learned counsel for the respondent/university submits that the petitioner is not entitled to the relief as claimed because other similarly placed students, who were undergoing Ph.D courses, did complete their thesis work and were awarded the degrees by the respondent university during the lockdown period. She further submits that the petitioner has a remedy under clause 9(b) of the Academic Ordinance of the University.

7. Re-notify on 19.01.2023.

VIKAS MAHAJAN, J DECEMBER 23, 2022 MK Signature Not Verified Digitally Signed By:ARUNA KANWAR Signing Date:24.12.2022 15:25:02