Delhi High Court - Orders
Pranjal Vats vs State Of Gnctd And Other on 23 September, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13693/2022
PRANJAL VATS ..... Petitioner
Through: Appearance not given.
versus
STATE OF GNCTD AND OTHER ..... Respondents
Through: Mr. Udit Malik, Advocate for R-1.
Mrs. Avnish Ahlawat, Standing
Counsel for NSUT with Mr. Nitesh
Kr. Singh, Ms. Laavanya Kaushik and
Ms. Aliza Alam, Advocates for R-2 to
5.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 23.09.2022 CM APPL. 41772/2022 (u/S 151 of the Code of Civil Procedure, 1908 seeking exemption from filing certified copies of the annexures)
1. Exemption is granted, subject to all just exceptions.
2. Petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of.
W.P.(C) 13693/2022
4. Petitioner, a student of M. Tech. (Mechanical Engineering) [hereinafter, "programme"] at Respondent University-Netaji Subhas University of Technology ["NSUT"], is aggrieved by the restriction imposed on her for not appearing in the examinations scheduled on 24th September, 2022 and 30th September, 2022. Petitioner was withheld from appearing in Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:23.09.2022 19:15:23 the said examinations for reason of shortfall in attendance; Petitioner had submitted a representation to NSUT dated 16th September, 2022 against the listing of Petitioner's name in the list of short attendance without prior notice, which was orally rejected on 19th September, 2022. The action is arbitrary, in as much as Petitioner was carrying out her dissertation work at Advanced System Laboratory, DRDO, Hyderabad. This dissertation work was required to be carried out by the students over a period of one year, as a part of the programme with due approval of NSUT.
5. Reliance has also been placed on a communication dated 20th September, 2022 from NSUT to Petitioner, to the following effect:
"Dated: 20/09/2022 To, Pranjal Vats (Roll No. 2021PME6713) M. Tech student (ME) NSUT, New Delhi-110078 Sub: Withdrawal of Forwarding Letter issued to you in respect of your Dissertation Work at DRDO It has to be stated that you have started your dissertation work under Dr. K. Tejaswi at ASL, DRDO, Hyderabad. However, you have not been attending the classes in physical mode for your registered courses in the current semester.
As per clause no. 14.2 of M. Tech. Regulations, you are required to maintain a minimum attendance for appearing in the examinations of each of the registered courses. Hence, the forwarding letter given to perform the M. Tech. Dissertation work at DRDO stands null and void with immediate effect. You are required to start your dissertation work under the supervision of assigned internal supervisor (Dr. Swati Gangwar) afresh. You are also required to attend all the classes of registered courses physically to maintain the minimum attendance requirement.
Prof. D. K. Singh Head Deptt. Of Mechanical Engineering"
6. Mrs. Avnish Ahlawat, counsel for NSUT, submits that she will file a detailed response to the present petition and at this stage, she relies upon Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:23.09.2022 19:15:23 communication dated 23rd August, 2022, whereby Petitioner was categorically informed that the requirement to maintain the minimum attendance in the course work of programme was her sole responsibility and NSUT would not be liable for any lapse in attendance, on account of dissertation work. The afore-said communications dated 20th September, 2022 and 23rd August, 2022 are taken on record.
7. In the opinion of the Court, the response of NSUT is necessary for final adjudication of the present petition and given that the concerned examinations are on-going, Petitioner has made out a prima facie case and thus, it is directed that Petitioner be permitted to appear in the examination(s) scheduled on 24th September, 2022 and 30th September, 2022, subject to final outcome of the present petition. NSUT shall issue the admit card and complete all formalities to enable Petitioner to appear in the examinations.
8. It is clarified that the above directions will not create any special equities in favour of Petitioner.
9. Let counter affidavit be filed within a period of two weeks from today. Rejoinder thereto, if any, be filed within a period of one week thereafter.
10. Re-notify on 02nd November, 2022.
11. A copy of this order be given dasti under the signatures of learned Court Master.
SANJEEV NARULA, J SEPTEMBER 23, 2022 d.negi Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:23.09.2022 19:15:23