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Sakshi Semwal vs Union Of India & Anr on 24 January, 2024

Author: C. Hari Shankar

Bench: C. Hari Shankar

                             $~40
                             *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +         W.P.(C) 15477/2023
                                       SAKSHI SEMWAL                       ..... Petitioner
                                                   Through: Mr. Divyadeep Chaturvedi and
                                                   Mr. Ayush Jain, Advs.

                                                                            versus

                                       UNION OF INDIA & ANR.                   ..... Respondents
                                                     Through: Ms. Monika Arora, CGSC with
                                                     Mr. Kushal, Mr. Subhrodeep Saha, Adv. for
                                                     UOI.
                                                     Mr. Kaushal Gautam, Ms. Snehpreet Kaur,
                                                     Mr. Mrinal Sharma and Ms. Vanshika
                                                     Singh, Advocates for R-2.

                                       CORAM:
                                       HON'BLE MR. JUSTICE C. HARI SHANKAR
                                                                            ORDER

% 24.01.2024

1. The petitioner is aggrieved by cancellation, mid-semester, of her admission to the Master of Fashion Management course (MFM course) at the National Institute of Fashion Technology, Kannur, (NIFT). The petitioner was initially issued a communicated dated 25 August 2023 from the NIFT.

2. Admittedly, the prescribed educational qualification for admission to the MFM course is "undergraduate degree in any discipline from any Institute/University recognised by law in India OR undergraduate diploma of minimum three years duration from NIFT/NID".

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 02/02/2024 at 22:58:34

3. The petitioner was the holder of a four-year undergraduate professional diploma in fashion design from the Indian Institute of Craft and Design (IICD), Jaipur. The IICD had issued a certificate dated 3 March 2023 to the petitioner, certifying that the four year diploma awarded to the petitioner by the IICD was equivalent to the current B.Des program of the IICD.

4. Mr. Chaturvedi's submission is that this certificate was submitted by his client at the time of seeking admission to the MFM program and that it was only after the respondent was satisfied that the four year diploma course of the IICD satisfied the educational qualifications prescribed for admission to the MFM course that the respondent granted provisional admission to the petitioner.

5. The petitioner has also filed, under cover of CM 66204/2023, a second certificate dated 4 December 2023, issued by the IICD, certifying that the B.Des program "is a 4 years Undergraduate Degree recognised by the University Grants Commission (UGC)".

6. It is obvious that a mere certificate by the IICD to this effect would not suffice and that there should, at the very least, be a certificate form the UGC to that effect.

7. In order to expedite matters, I deem it appropriate to implead the UGC as an additional respondent in this petition.

8. Let an amended memo of parties be filed by the petitioner W.P.(C) 15477/2023 Page 2 of 3 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 02/02/2024 at 22:58:34 within a week from today.

9. Let Court notice issue (without process fee) to Mr. Apoorv Kurup, who appears for the UGC, to place, on affidavit whether the following statement contained in the certificate dated 4 December 2023, issued by IICD, is correct or not:

"It is further certified that the current B.Des program is a 4 years Undergraduate Degree recognised by the University Grants Commission (UGC)".

10. Let an affidavit to the said effect be filed positively within a week from today.

11. Re-notify on 8 February 2024 for disposal of the writ petition.

12. Let a copy of this order be given dasti under the signature of the Court Master to learned Counsel for the parties.

13. Later Ms. Gauri Goburdhun, a colleague of Mr. Kurup, appeared in the Court. She has been apprised of the present order.

C. HARI SHANKAR, J JANUARY 24, 2024 dsn Click here to check corrigendum, if any W.P.(C) 15477/2023 Page 3 of 3 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 02/02/2024 at 22:58:35