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The court elucidated, “Inordinate delay on the part of the respondents (University) shall cause irreparable harm to the selected students. It is disappointing to see academics of repute displaying such insensitivity”. The court also held DU responsible for contempt and directed the Registrar and the Dean of Admissions of DU to appear in court via VC.
The Delhi High Court, on Monday, in a contempt petition filed by St Stephan’s College remarked, “DU while settling their personal grouses with the management of the petitioner-college, are in virtually playing with the life of the students, which action or deliberate omission is neither acceptable nor sustainable in law”.
The bench of Justice Dharmesh Sharma made such observations in a contempt petition initiated by the college against under allocation of seats in PG courses by the University despite an order of a single judge.
The college had previously approached the single-judge bench seeking directions against the University to provide clear guidelines for the distribution of seats in PG courses. The single judge permitted the college to allocate 15 % marks in the interview to minority students. The single judge also directed the university to consider framing appropriate policies and guidelines to govern the allotment of seats in PG courses.
The college then filed a contempt petition contending that DU has again allocated an extremely low number of seats to the college in comparison to the other colleges. The grievance is that the list of candidates, belonging to the minority Christian community, which was forwarded to the DU, were not considered and not given admission in various PG courses.
The court acknowledged that while DU's assertion that there is no specific quota for minority students in its PG programs is valid, the concerns raised by the College introduce a separate issue. The College demonstrated that a list of selected students was provided to DU in July 2024, followed by several reminders. Yet, despite the commencement of various PG courses, DU failed to respond, putting the students at risk of not fulfilling the University Grants Commission's (UGC) teaching days requirement.
Thus, the court noted that two months later, the students remain uncertain about their admission status in their desired PG programs. DU's silence in response to the emails and requests from the College underscores the institution's failure to address its responsibilities. During the hearing, it was clarified that 36 students were submitted for PG admission, but the fate of five students remains unresolved.
Moreover, the court observed that the college rightly pointed out that the allocation of seats to the college for PG courses has been reduced, contrary to previous years, and DU has yet to establish a policy for seat distribution among colleges for PG programs.
Therefore, the court opined that DU officials, in settling their personal disputes with the college management, are effectively endangering the academic futures of the students. This action or inaction is neither justified nor legally sustainable.
The court further remarked that DU has failed to provide any explanation regarding the steps taken to facilitate the students' admissions. Such delays will cause irreparable harm to the students, and it is disappointing to witness reputed academic institutions display such insensitivity, the court emphasized.
Consequently, the court found DU guilty of willful disobedience by deliberately stalling the execution of its directives. The Registrar of DU and the Dean of Admissions were directed to appear on October 15, 2024, at 2:30 p.m. to explain why they should not face legal consequences.
Case Title: St. Stephan College v Vikash Gupta And Ors. (2024:DHC:7750)
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