Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 2, Cited by 0]

Delhi High Court - Orders

Jamia Hamdard Deemed To Be University vs Union Of India & Ors on 6 June, 2025

Author: Tushar Rao Gedela

Bench: Tushar Rao Gedela

                          $~ SB-29
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         W.P.(C) 6511/2025
                                    JAMIA HAMDARD DEEMED TO BE UNIVERSITY.....Petitioner
                                                Through: Mr.    Sanjay     Sahrawat,    Senior
                                                         Advocate with Dr. Swaroop George,
                                                         Mr.    Mobashshir      Sarwar,   Mr.
                                                         Abhinandan Jain, mr. Sunil Roy, Mr.
                                                         Ayush Aanand, Mr. Takrim Ahsan
                                                         Khan, Advocates with Mr. S.S.
                                                         Akhtar, Controller of Examiner.

                                                                  versus

                                    UNION OF INDIA & ORS.                                                .....Respondents
                                                  Through:                            Mr. T. Singhdev, Mr. Abhijit
                                                                                      Chakravarty, Mr. Anum Hussain, Mr.
                                                                                      Tanishq Srivastava, Mr. Bhanu
                                                                                      Gulati, Ms. Yamini Singh and Mr.
                                                                                      Saurabh Kumar, Adv. Ramanpreet
                                                                                      Kaur for R-2.
                                                                                      Mr. Azar Ahmad, Advocate for R-
                                                                                      4/UGC.
                                                                                      Mr. Saket Sikri, Mr. Simran Mehta,
                                                                                      Mr. Vikalp Mudgal, Mr. Prarhar
                                                                                      Khanna and Mr. Priyank Choudhary,
                                                                                      Advocates for R-5.
                                    CORAM:
                                    HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                                  ORDER

% 06.06.2025 CM APPL. 29664/2025, CM APPL. 29665/2025, & CM APPL.

31870/2025

1. Exemption allowed subject to all just exceptions.

W.P.(C) 6511/2025 Page 1 of 4

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/06/2025 at 12:14:43

2. The applications stand disposed of.

W.P.(C) 6511/2025 & CM APPL. 29663/2025 (Interim Relief)

3. This is a writ petition under Article 226 of the Constitution of India, inter alia seeking the following reliefs:-

"A. Issue an appropriate writ, order or direction in the nature of Mandamus directing the Respondent No. 2 to share all the required website credentials (User ID & or reset password) including but not limited to admission and monitoring portals with User ID: DEL120571 (for UG/PG Student Admissions; User ID: himsrnew (for annual declaration of MSMER); Faculty attendance portal (Aadhar based Biometric Attendance System with user ID: himsrnew.
B. Issue an appropriate writ, order or direction in the nature of Mandamus directing the Respondent No. 3 to share the website credentials for UGNEET and PG-NEET admission portal (user ID and reset password) of Medical Counselling Committee (Respondent No. 3) and allow registration of the new HIMSR website www.himsr.ac.in (with ERNET domain name) in place of www.himsr.org as the same has been misused by the private parties;
C. Issue an appropriate writ, order or direction in the nature of Mandamus directing the Respondent No. 2 to 3 to make all future communications with regard to Hamdard Institute of Medical Science and Research (hereinafter referred to as "HIMSR") only with the Institutional (ERNET domain ac.in) email address of the Petitioner University ([email protected]; [email protected].
D. Issue an appropriate Writ, Order or Direction in the nature of Certiorari thereby quashing the minutes of meeting dated 24.10.2024 issued by the Respondent No. 2;
E. Issue an appropriate writ, order or direction of declaration declaring that the Petitioner University will not be liable for W.P.(C) 6511/2025 Page 2 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/06/2025 at 12:14:43 any penalty, consequences with regard to any illegal admissions done in HIMSR at the hands of unauthorized private parties by misusing the admission portals of Respondent No.2 & 3 for the next academic years 2025-26 as well as the previous academic year 2024-25 in the event the Respondent No.2 & 3 are not in a position to share the credentials of its portals for the use of HIMSR to the officers of the petitioner University;
F. Pass such other or further order(s) and/or directions as this Hon'ble Court may deem fit and proper in the equitable facts and circumstances of the case."

4. After hearing substantial arguments, this Court is of the considered opinion that before any interim reliefs are granted, replies of respondents would be necessary. Moreover, since the interim relief, as expressed by Mr. Sahrawat, learned senior counsel is primarily, at this stage, against the respondent no.3, i.e., Medical Counselling Committee, unless a response is solicited from it, passing any order thereon would not be possible.

5. In view of the above, issue notice to the respondents by all permissible modes upon the petitioner taking steps within a week.

6. Notice accepted by learned counsel appearing for respondent nos. 2, 4 and 5.

7. Counter affidavit be filed within three weeks. Rejoinder thereto, if any, may be filed within three days, thereafter.

8. Keeping in view the controversy which has arisen in this matter, the interim prayers as sought, would be considered on the next date of hearing. CM APPL. 31869/2025 (Impleadment)

9. This is an application under Order I Rule 10 read with Section 151, CPC, 1908 filed on behalf of Hamdard National Foundation and Dean, Hamdard Institute of Medical Sciences & Research for impleadment in the W.P.(C) 6511/2025 Page 3 of 4 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/06/2025 at 12:14:43 present petition.

10. Issue notice.

11. Notice accepted by Dr. Swaroop George, learned counsel on behalf of non-applicant/petitioner.

12. Reply on behalf of the non-applicant/petitioner be filed three weeks. Rejoinder thereto, if any, may be file within three days, thereafter.

13. List before the Roster Bench on the date already fixed, i.e, 4th July 2025.

TUSHAR RAO GEDELA, J (VACATION JUDGE) JUNE 6, 2025 yrj W.P.(C) 6511/2025 Page 4 of 4 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/06/2025 at 12:14:43