Vishal Private Iti vs The Union Of India & Ors on 30 January, 2019

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Delhi High Court - Orders

Vishal Private Iti vs The Union Of India & Ors on 30 January, 2019

Bench: C.Hari Shankar

$~33
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
       CM No.42528/2018 in
+      W.P.(C) 10905/2018
       VISHAL PRIVATE ITI                                ..... Petitioner
                    Through:                 Mr. Diwakar Sinha and
                                             Mr. Rishi Kumar, Advs.

                            versus

       THE UNION OF INDIA & ORS           ..... Respondents
                     Through: Ms. Manisha Saroha for
                              Mr. Manish Mohan, Adv. for R-
                              1, 2 & 3
                              Mr. M. Shoeb Alam and
                              Mr. Talha A. Rahman, Advs.
                              for R-4
       CORAM:
       HON'BLE MR. JUSTICE C.HARI SHANKAR
                     ORDER

% 30.01.2019 CM No.42528/2018 (for interim relief)

1. No counter affidavit has been filed, either to the writ petition or to this application, despite notice having been issued thereon on 10 th October, 2018. This Court, while issuing notice has set out in detail, the facts of the case, as urged by learned counsel for the petitioner and there is, till date, no traversal thereto.

2. Without reiterating the contents of the order dated 10 th October, 2018, it may be noted that, according to the petitioner, pursuant to the notice dated 27th January, 2017, issued to the petitioner, directing it to show cause against disaffiliation, the petitioner replied and, as no adverse decision was communicated to the petitioner, it proceeded to make admissions for the year 2017 and 2018 and uploaded the same on the website of Respondent No.3. The petitioner contends that it was only realised, at a late stage that, vide a letter dated 16th June, 2017, addressed to Respondent No.4, Respondent No.2 had communicated the decision to disaffiliate the petitioner. The petitioner categorically asserts that the said decision to disaffiliate it had never been communicated to the petitioner and that it came to know of the same only after effecting admissions for the years, 2017 and 2018, and was seeking to upload the names of the students admitted on the website of Respondent No.3.

3. This Court has already directed, in the circumstances, that no precipitate action be taken against the petitioner.

4. Mr. Sinha, learned counsel appearing for the petitioner, submits that, if the names of the students are not permitted to be uploaded on the website of Respondent No.3, they would not be able to undertake examinations, even though they have attended the course.

5. In the absence of any traversal to the above contentions of the petitioner, as reflected in the order dated 10th October, 2018, and keeping in view the interests of the students, I am of the opinion that, pending further orders, the operation of the impugned communication dated 16th June, 2017, whereby the petitioner has been disaffiliated, is required to be stayed. Ordered accordingly.

6. Consequently, the Respondent No.3 is directed to upload the names of the students on its website so as to enable them to undertake the examination.

7. It is made clear that this ad interim order is being passed only in the interests of the students and keeping in view the fact that till date, no response has been filed by the respondents either to the writ petition or to the application for stay. It shall not confer any equities on the petitioner or on the students who are undertaking the examination. The uploading of the names of the students and the undertaking of the examination shall abide by the outcome of the writ petition.

8. CM stands disposed of accordingly.

CM No. 2595/2019

9. This is an application seeking advancement of the date of hearing.

10. Both counsel at the bar press this application.

11. Counter affidavit is yet to be filed in this matter.

12. Mr. M. Shoeb Alam, appearing for Respondent No. 4, submits that Respondent No. 4 is a proforma respondent.

13. Ms. Manisha Saroha, appearing for Respondent Nos.1, 2 and 3, undertakes to file counter affidavit during the course of the day after serving an advance copy thereof on learned counsel for the petitioner. Learned counsel for the petitioner seeks and is granted two weeks to file rejoinder thereto.

14. As such, the date of hearing of the writ petition stands preponed.

W.P.(C) 10905/2018

15. List the writ petition for disposal at the end of the board on 22 nd February, 2019.

Order be given dasti under the signature of the Court Master.

C.HARI SHANKAR, J JANUARY 30, 2019/kr

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Delhi High Court - Orders