SAURABH TRIPATHI Vs. UNIVERSITY OF DELHI & ANR.

JUDGEMENT

(1.) THIS intra -court appeal impugns the interim order dated 11.12.2012 of the learned Single Judge in W.P.(C) No. 7700/2012 preferred by the appellant. The said writ petition has been filed by the appellant impugning the Notification dated 10.10.2012 of the respondent University doing away with the practice earlier prevalent, of grant of 'Special Chance' beyond the 'span period' for various courses, i.e. the maximum period in which a course offered by the respondent University is to be completed. As per the earlier practice, the Standing Committee (Students) of the Academic Council of the respondent University and the Vice Chancellor used to, entertain applications of the students who had been unable to complete their courses even within the span period, for taking the examination beyond the said period, and on being satisfied with the explanation given, grant a chance to appear in the examination beyond the span period. Besides the appellant, several other students also had filed writ petitions impugning the said Notification dated 10.10.2012 and the same learned Single Judge who has passed the order dated 11.12.2012 impugned in this appeal, had vide interim orders in those writ petitions permitted the students to still apply for the said 'Special Chance' and directed the Standing Committee (Students) of the Academic Council and the Vice Chancellor of the University to, if satisfied grant such 'Special Chance' to the students for appearing in the examination. The reason which prevailed with the learned Single Judge for granting the said interim relief was that the said Notification dated 10.10.2012 doing away with the past prevalent practice had taken the students by surprise. However, the learned Single Judge had clarified that no special equities will flow in favour of the students from being so allowed under the interim arrangement to take examination and the learned Single Judge had further directed the result of the examination to be kept in a sealed cover.

(2.) WE may mention that the University had preferred LPA No. 787/2012 against such interim orders granted by the learned Single Judge. The said LPA was dismissed by us on 03.12.2012 observing that it was not as if the learned Single Judge had directed the students to take the examination; the decision, whether in the facts pleaded by each of such students, 'Special Chance' deserved to be granted had been left to the authorities of the University who also had the discretion to refuse the same.

(3.) THE learned Single Judge vide the impugned order directed the appellant to also approach the University in accordance with the interim directions in the other similar petitions and further directed the University to consider the request sympathetically keeping in view the facts pleaded by the appellant. The respondent University was also directed to inform the outcome of the request to the appellant by 18.12.2012 i.e. today.