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Delhi High Court - Orders

Dr Mukesh Kumar Jha And Ors vs Dean Esic Pgimsr Basaidarapur And Ors on 15 July, 2021

Author: Prateek Jalan

Bench: Prateek Jalan

                   $~1 and 19 (2021 Cause List) & 11 (2020 Cause List)
                   *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                   +        W.P.(C) 9360/2020 & CM APPL. 20711/2021
                            DR MUKESH KUMAR JHA AND ORS                      ..... Petitioners
                                            Through: Mr. Manan Kumar Mishra, Senior
                                                       Advocate with Mr. Durga Dutt,
                                                       Mr. Kousik Ghosh and Ms. Anjul
                                                       Dwivedi, Advocates.
                                                   versus
                            DEAN ESIC PGIMSR
                            BASAIDARAPUR AND ORS                          ..... Respondents
                                            Through: Mr. Yakesh Anand, Ms. Sonam
                                                       Anand and Ms. Deepshikha
                                                       Sansanwal, Advocates for R-1 and
                                                       R-2.
                                                       Ms. Ruchira Gupta, Adv. for R-3.
                                                       Mr. T. Singhdev and Ms. Michelle
                                                       B Das, Advocates for R-4/NMC.
                                                       Mr. Apoorv Kurup and Ms. Nidhi
                                                       Mittal, Advs. for R-5/UGC.
                                                       Mr. MS Gupta and Ms. Kritika
                                                       Gupta, Advs. for R-6/UOI.
                   19.
                   +        W.P.(C) 5290/2020 & CM APPLs. 19076/2020, 27846/2020,
                            28977/2020 & 3294/2021
                            LOKESH KUMAR MEENA                             ..... Petitioner
                                            Through: Mr. Manan Kumar Mishra, Senior
                                                       Advocate with Mr. Durga Dutt,
                                                       Mr. Kousik Ghosh and Ms. Anjul
                                                       Dwivedi, Advocates.
                                                   versus
                            DEAN ESI PGIMSR BASAIDARPUR & ORS. ..... Respondents
                                            Through: Mr. Yakesh Anand, Ms. Sonam
                                                       Anand and Ms. Deepshikha
                                                       Sansanwal, Advocates for R-1 and
                                                       R-2.
                                                       Mr. T. Singhdev and Ms. Michelle

Signature Not Verified
Digitally Signed By:SHITU
NAGPAL
Signing Date:16.07.2021
10:40:06               W.P.(C)9360/2020   and connected matters                      Page 1 of 4
                                                                   B Das, Advocates for R-4/NMC.
                                                                  Mr. Apoorv Kurup and Ms. Nidhi
                                                                  Mittal, Advs. for R-5/UGC.
                                                                  Mr. Vikram Jetley, CGSC for R-
                                                                  6/UOI.
                   11.
                   +   W.P.(C) 8432/2020 & CM APPLs. 27287-289/2020
                       DR. KUNAL SINGLA & ORS.                        ..... Petitioners
                                       Through: Mr. Anish Dayal, Senior Advocate
                                                  with Mr. Abhimanyu Garg, Ms.
                                                  Khushboo Aggarwal and Mr.
                                                  Sorabh Dahiya, Advocates.
                                              versus
                       DEAN, ESI PGIMSR,
                       BASAIDARAPUR & ORS.                         ..... Respondents
                                       Through: Mr. Yakesh Anand, Ms. Sonam
                                                  Anand and Ms. Deepshikha
                                                  Sansanwal, Advocates for R-1 and
                                                  R-2.
                                                  Mr. Dev P. Bhardwaj, CGSC for
                                                  UOI.
                                                  Mr. T. Singhdev and Ms. Michelle
                                                  B Das, Advocates for R-4/NMC.
                   CORAM:
                   HON'BLE MR. JUSTICE PRATEEK JALAN

                                                ORDER

% 15.07.2021 The proceedings in the matter have been conducted through video conferencing.

CM APPL. 20711/2021 (for directions) in W.P.(C) 5290/2020

1. Issue notice. Mr. Durga Dutt, learned counsel for the petitioner, accepts notice. At his request, two weeks' time is granted to file the reply to this application. Rejoinder thereto, if any, may be filed within one Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:16.07.2021 10:40:06 W.P.(C)9360/2020 and connected matters Page 2 of 4 week thereafter.

2. List, alongwith the writ petition, on 09.09.2021. W.P.(C) 9360/2020, W.P.(C) 5290/2020 and W.P.(C) 8432/2020

1. Ms. Sonam Anand, learned counsel, enters appearance on behalf of respondent Nos. 1 and 2 in W.P.(C) 9360/2020. At her request, two weeks' time is granted for filing of the counter affidavit to the writ petition. Rejoinder thereto, if any, may be filed within two weeks thereafter.

2. Ms. Kanika Agnihotri, learned counsel for the petitioners in W.P.(C) 9631/2018, W.P.(C) 14006/2018 and W.P.(C) 1410/2019, states that these petitions involve the same issue as raised in the petitions listed today. In fact, she submits that W.P.(C) 9631/2018 has been treated as the lead matter in the batch. These three writ petitions are not listed today due to the fact that the Court is, at present, hearing only urgent matters relating to 2020 and 2021. At her request, these three writ petitions will also be listed on the next date of hearing. Ms. Agnihotri is requested to inform the counsel for respondents in all the three writ petitions, of the next date of hearing.

3. List all the six writ petitions, i.e. W.P.(C) 9631/2018, W.P.(C) 14006/2018, W.P.(C) 1410/2019, W.P.(C) 5290/2020, W.P.(C) 8432/2020 and W.P.(C) 9360/2020 alongwith all pending applications in the category of 'For Hearing' matters on 09.09.2021.

4. Learned counsel are requested to file short written submissions alongwith copies of any authorities upon which they wish to rely, at least one week prior to the next date of hearing.

5. It is recorded that learned counsel for the petitioners accept that in Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:16.07.2021 10:40:06 W.P.(C)9360/2020 and connected matters Page 3 of 4 the event the petitioners are unsuccessful in the writ petitions, the Court may pass orders of restitution, so that the respondents are able to recover the arrears of fee, if found so entitled.

PRATEEK JALAN, J JULY 15, 2021/'vp' Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:16.07.2021 10:40:06 W.P.(C)9360/2020 and connected matters Page 4 of 4