Delhi High Court - Orders
Dr. Aruna Mishra vs The Chairman/Member-Secretary on 23 March, 2026
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~19-20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5827/2020
DR. ARUNA MISHRA .....Petitioner
Through: Ms. Yamini Sharma, Ms. Meghaa
Wadera, Mr. Ghanender Singh
Advocates
versus
THE CHAIRMAN/MEMBER-SECRETARY .....Respondent
Through: Mr. Mohinder JS Rupal, Mr. Hardik
Rupal, Ms. Aishwarya Malhotra &
Ms. Tripta Sharma, Advs. for
University of Delhi
Ms. Kanika Agnihotri, Ms.Ambika,
Ms. Unnimaya Adv andMs. Singh,
Advs.
Mr. Tushar Sannu, Mr. Parvin Bansal,
Adv. with Dr. Vibha Sharma HOD
Clinical Psychology IHBAS, Delhi
20
+ W.P.(C) 13645/2022
DR ARUNA MISHRA .....Petitioner
Through: Ms. Yamini Sharma, Ms. Meghaa
Wadera, Mr. Ghanender Singh
Advocates
versus
INSTITUTE OF HUMAN BEHAVIOUR AND ALLIED SCIENCES
& ORS. .....Respondents
Through: Mr. Mohinder JS Rupal, Mr. Hardik
Rupal, Ms. Aishwarya Malhotra &
University of Delhi
Mr. Tushar Sannu, Mr. Parvin Bansal,
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 30/03/2026 at 20:36:18
Adv. with Dr. Vibha Sharma HOD
Clinical Psychology IHBAS, Delhi
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 23.03.2026 CM APPL. 12673/2025 in W.P.(C) 5827/2020 & CM APPL. 12663/2025 in W.P.(C) 13645/2022
1. These are applications filed under Section 151 of CPC, 1908 seeking restoration of the main writ petitions.
2. The main petitions were dismissed vide order dated 13.02.2025 for non-prosecution.
3. The present applications for restoration of the main petitions were filed and on 03.03.2025 notice was issued.
4. Since the learned counsel for the petitioner was not appearing, the present petition was dismissed for non-prosecution. I am of the view that no party should suffer on account of inadvertence on part of the counsel.
5. For the said reasons, the present applications are allowed and the main petitions shall be restored.
W.P.(C) 5827/2020 & W.P.(C) 13645/2022
6. In view of the above, the present writ petitions have been restored and are taken up for hearing today.
7. These are writ petitions filed under Article 226 of the Constitution of India seeking the following prayers:-
W.P.(C) 5827/2020 "(a) Issue a writ of mandamus for direction to the respondent No.2 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 30/03/2026 at 20:36:18 for conducting the examination of the petitioner in scheduled manner for the M.Phil part-I and part II Group A examination,
(b) Issue a writ of certiorari for the record of the petitioner which will prove the malafide intention of the respondent No.2 and quash the order in the form of email dated 23.05.2020 and 27.05.2020. ..."
W.P.(C) 13645/2022 "(i) Direct Respondent 1, 2, 3 & 4 to provide a fair, impartial and independent conduct & evaluation of all M. Phil. (Clinical Psychology) course / exams for Petitioner in terms of Judgment dated 09.01.2019 passed by this Hon'ble Court in W.P.[C] 4248/2017,
(ii) Direct evaluation of checked answer scripts of Paper-I, II & III and written submissions of Petitioner for both 1st year and 2nd year of M.Phil (Clinical Psychology) by any other institution recognised by Respondent No. 3,
(iii) Direct exemption for Petitioner from attending classes or any other similar pre-condition in Respondent - 1 for attending examinations in view of classes/training already undergone by Petitioner and service /study leave rules of Respondent No. 5,
(iv) Direct Respondent No. 1 to expeditiously furnish the original evaluated answer scripts of Part - I & II of Petitioner for inspection,
(v) Prohibit Respondent No.5 & 6 from any interference /modification to any approved leaves of the Petitioner for the purpose of attending examination or any essential classes or any 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 30/03/2026 at 20:36:18 other direction of Respondent No. 1 as necessary for completion of the M. Phil (Clinical Psychology) course of Petitioner,
(vi) Impose costs against the Respondent No. 1 & 2 and award compensation to the Petitioner, for ex-facie malafides shown against Respondent 1 & 2, ...."
8. In W.P.(C) 5827/2020, the case of the petitioner is that the petitioner filed Writ Petition being W.P. No. 4248/2017 seeking continuation of her course as she got admission in M. Phil. Clinical Psychology course by respondent No. 2 i.e., Institute of Human Behaviour & Allied Sciences ("IHBAS"), and completed all the formalities, however, later respondent No. 2 stopped petitioner from taking classes and appearing in examination for first year of M.Phil. course. The said writ petition was allowed vide judgment/order dated 09.01.2019, with direction that the examination result of the petitioner shall be declared and in case the petitioner is required to submit any dissertation, the same shall be permitted.
9. Later, the respondent no.2/ HOD clinical psychology refused to issue the library card for examination preparation to petitioner on the ground that she is not an enrolled student of IHBAS and asked petitioner to take supplementary examination of M.Phil. Part-I, as she had failed in the same. In response, the petitioner requested the respondent No. 2 to disclose her marks and results of all examinations and assessments. Although, the respondent No. 2 provided the statement of marks of M.Phil. Part-I, however, no response was given regarding assigned marks, evaluations and clauses under which re-examinations were conducted. The petitioner wrote to respondent No. 2 after receiving the statement of marks for re-evaluation/ re-assessment.
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 30/03/2026 at 20:36:18
10. Later, the respondent no. 2 asked the petitioner to appear in M.Phil. part-I final supplementary examination, commencing from 29.04.2019. The petitioner appeared in M.Phil. part-II Internal Assessments.
11. Vide email dated 19.10.2019, the petitioner asked respondent No.2 to declare IInd year result after submission/ examination of her dissertation and to update about M.Phil. Committee meeting. Later, the petitioner filed RTI applications for inspection and certified copies of her answer-sheets.
12. The respondent No. 2 allowed petitioner to inspect her answer-sheets, wherein she was declared failed in M.Phil. part -I. Subsequently, the petitioner wrote to respondent No. 3 seeking redressal of discrepancies issues in evaluation of answer sheets.
13. Subsequently, the petitioner requested respondent no. 2 to disclose her results of all examinations and assessments, however, she was informed that only respondent No. 3 could disclose the same. The petitioner wrote to respondent No. 3 to get her Answer-Sheets of 'Group- A'' with respect to M.Phil. part I and II (M.Phil. Clinical Psychology, IHBAS, Delhi) re- evaluated/re-checked.
14. Later, the respondent No.2 / HOD Department of Clinical Psychology, respondent No.2 vide email intimated the petitioner regarding completion of necessary requirement for appearing in M.Phil. part-I examination as per RCI guidelines. The petitioner repeatedly requested respondent no. 2 for issue of official letter for additional training (if applicable), and issuance of Admit Card for M.Phil. supplementary examination, however, no reply was given to the petitioner.
15. The Petitioner vide emails to HOD (CP) and Chairman M.Phil. Committee of respondent No. 2 sought information regarding schedule of 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 30/03/2026 at 20:36:18 M.Phil. part-I Internal Assessment (IA) of Group-A subjects; approved IHBAS Ordinance containing the clause of three months additional training as a mandatory requirement for appearing in M.Phil. part-I assessments; letter of three months additional training (if applicable); tentative schedules of her re-examinations/supplementary examinations of - M.Phil. part-I (W) of Group-A subjects, M.Phil. part-II (IA) of Group-A subjects, and M.Phil. part-II (W) of Group-A subjects, etc.
16. While the respondent No. 2/ HOD (CP) vide email provided Annual examination schedules of M.Phil. part-I and II, however, letter for 3 months additional training was not issued, nor the dates of Internal Assessments were conveyed.
17. Hence, the present petition.
18. When the matter came up for hearing on 31.08.2020, this Court recorded that the petitioner was required to complete clinical training which the petitioner had not completed. In the said order, respondent No. 3 i.e., Delhi University, stated that the time span for completing a course is double the duration of course that is four years in the present case (since the duration of the course was for 2 years).
19. Dr. Sharma, Head of Department (HOD), Clinical Psychology IHBAS Delhi, appears along with the counsel for respondent no. 2/ IHBAS, and states that the respondent No. 2/ IHBAS, will not insist on the petitioner to complete clinical training before taking the exam for clinical psychology. The statement of Dr. Sharma, Head of Department (HOD), Clinical Psychology IHBAS, is taken on record and the respondent No. 2/ IHBAS is bound by the same.
20. Mr. Rupal, learned counsel for University of Delhi, states that in order 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 30/03/2026 at 20:36:18 of 31.08.2020, this Court had recorded the university objection that a period for completing a course is generally four years and since the petitioner has not completed the course for over 8 years, the same cannot be permitted. He objects to the stand of respondent No. 2/ IHBAS of waving of the practical exam stating that respondent No. 2/ IHBAS cannot make the statement without consulting the university.
21. I am unable to agree with the same. In view of the statement of Dr. Sharma, Head of Department (HOD), Clinical Psychology IHBAS Delhi, the petitioner is no longer required to complete clinical training. Since the completion of clinical training is no longer a requirement, the petitioner will be entitled to participate in the course. There is no requirement of IHBAS to consult the university prior to making this statement.
22. The petitioner was not permitted to continue her studies in view of the requirement of completing clinical training which has been done away with today. Since the petitioner was in Court agitating her grievance, I am also of the view that the objection of the university will not be applicable to the petitioner, as for more than 6 years, the case of the petitioner is pending in this Court for consideration.
23. For the said reasons, W.P.(C) 5827/2020 is allowed and the petitioner will be permitted to continue with her academic career, without insisting on completing clinical training.
24. Since the petition i.e., W.P.(C) 5827/2020 is allowed and consequential benefits will automatically flow, the other petition i.e., W.P.(C) 13645/2022, which only seeks consequential benefits, becomes infructuous.
25. The present writ petitions are disposed of in aforesaid terms, along 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 30/03/2026 at 20:36:18 with pending applications if any.
JASMEET SINGH, J MARCH 23, 2026/NG 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 30/03/2026 at 20:36:18