LAWS(DLH)-2012-3-549

RUCHIKA YADAV Vs. PANDIT DEENDAYAL UPADHYAYA INSTITUTE

Decided On March 23, 2012
RUCHIKA YADAV Appellant
V/S
Pandit Deendayal Upadhyaya Institute Respondents

JUDGEMENT

(1.) THE petitioners have preferred the present writ petition under Article 226 of the Constitution of India to seek the following substantive reliefs:

(2.) AT the outset, I may observe that as on date, all the aforesaid reliefs stand granted to the petitioners, except the claim of damages made by the petitioners. They have been issued the mark sheets/provisional degree and character certificates in relation to the course undergone by them at the respondent institute. The security deposit and caution money of Rs.5,000/ - also stands released to the petitioners. So far as the allegations against the petitioners of their having adopted unfair means and of issuing threat to assault the practical examiners in the examination held on 23.08.2008 are concerned, the said enquiry proceedings have been dropped by the respondents, meaning thereby that the said allegations against the petitioners have not been pressed or proved by the respondents. The stipend claimed by the petitioners under prayer (iv) also stands released to the petitioners. It is only the award of compensation claimed by petitioner no.2 for academic loss allegedly suffered by him on account of withholding of his result by respondent no.1, which now remains to be adjudicated, apart from the aspect of costs.

(3.) PETITIONER no.2 appeared in person, on behalf of himself and on behalf of petitioner nos.1 and 3, and made his submissions. The submission of petitioner no.2 is that on 21.08.2009, the respondent institute issued certificates to the petitioners certifying that they are bonafide students of Bachelor of Prosthetics and Orthotics of the Pandit Deendayal Upadhyaya Institute for Physically Handicapped (4 1/2 years course). It was certified that the petitioners passed their final year annual examination on 15.12.2008 and that the petitioners had undergone compulsory six months internship training, which was completed on 17.08.2009. It was further certified that the result of the said examination was likely to be declared in the month of September/October 2009 by the University of Delhi, and that each of the petitioners bears good moral character.