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Shivani Kumari Suman & Anr vs Union Of India & Ors on 29 July, 2022

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~98
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    W.P.(C) 11319/2022 & CM APPL. 33300-33301/2022
                               SHIVANI KUMARI SUMAN & ANR.                    ..... Petitioners
                                                Through: Ms. Meghna Mishra, Mr. Ankit
                                                         Rajgarhia and Mr. Lakshay Mehta,
                                                         Advocates.

                                                   versus

                                UNION OF INDIA & ORS.                               ..... Respondents
                                              Through:           Ms. Arunima Dwivedi, CGSC with
                                                                 Mr. Ved Prakash and Ms. Ashi
                                                                 Sharma, Advocates and Mr. Mohit
                                                                 Joshi, GP for R-1.
                                                                 Mr. Apoorv Kurup, Ms. Nidhi Mittal
                                                                 and Mr. Ojaswa Pathak, Advocates
                                                                 for R-2/UGC.
                                                                 Mr. Sanjay Khanna, Standing
                                                                 Counsel with Ms. Pragya Bhushan,
                                                                 Mr. Karandeep Singh and Mr.
                                                                 Tarandeep Singh, Advocates for R-3/
                                                                 NTA.

                                CORAM:
                                HON'BLE MR. JUSTICE SANJEEV NARULA
                                             ORDER

% 29.07.2022 CM APPL. 33301/2022(u/S 151 of the Code of Civil Procedure, 1908 seeking exemption from filing legible copies of documents, original documents, certified copies, left side margin of the annexures along with supporting affidavit)

1. Exemption is granted, subject to all just exceptions.

2. The Petitioners 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) 11319/2022 & CM APPL. 33300/2022(seeking stay)

4. Petitioners have approached this Court with a request to issue a direction to the Respondents to conduct the re-test of Central University Entrance Test ("CUET") for UG 2022-23. The grievance of Petitioners is that they were unable to attempt the said examination scheduled on 15th July, 2022, owing to change in examination centre without any prior intimation from the Respondents. It is also contended that the last-minute change in examination centre has deprived Petitioners, and other several candidates, from an opportunity to pursue their higher education which is violative of Articles 14, 19, 21 and 41 of the Constitution of India.

5. Petitioners also rely upon an e-mail communication dated 20th July, 2022 received by them from Respondent No. 3 [National Testing Agency] in response to their communication dated 18th July, 2022. The said communication reads as under:

"Dear Candidate, You are requested to give a proper justification, with relevant documents, for you not being able to attend the examination so that we can examine your request."

6. It is contended that pursuant to the said communication, Petitioners had also furnished all requisite information and documents to Respondents; however, thereafter, despite multiple follow ups, no decision thereon has been taken till date.

7. Issue notice to the Respondents. Ms. Arunima Dwivedi, CGSC, accepts notice on behalf of Respondent No. 1 [Union of India]. Mr. Apoorv Kurup, Advocate, accepts notice on behalf of Respondent No. 2 [University Grants Commission]. Mr. Sanjay Khanna, Standing Counsel, accepts notice on behalf of Respondent No. 3 [National Testing Agency].

8. Mr. Sanjay Khanna, Standing Counsel for National Testing Agency, at the outset, states that the matter is under consideration and presently National Testing Agency is engaged in a fact-finding exercise to see if the grievance of Petitioners can be resolved.

9. Ms. Meghna Mishra, counsel for the Petitioners, has referred to a Public Notice dated 22nd June, 2022, which sets out the schedule for CUET (UG). In terms thereof, the examination is being held on multiple dates and is set to conclude on 10th August, 2022.

10. Considering the urgency in the issue, in case Respondents take a view adverse to that of Petitioners, they shall positively file a counter affidavit to the petition on or before 03rd August, 2022. A copy of the said counter affidavit be e-mailed to counsel for the Petitioners and also the Court Master within the same timelines. The same can also be handed over across the board in Court during the course of next hearing. Rejoinder thereto, if any, be filed within a period of one day thereafter.

11. Re-notify on 04th August, 2022.

SANJEEV NARULA, J JULY 29, 2022 d.negi Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:30.07.2022 11:53:00