LAWS(DLH)-2015-5-167

DEEPAK KUMAR GUPTA Vs. UNIVERSITY OF DELHI

Decided On May 20, 2015
DEEPAK KUMAR GUPTA Appellant
V/S
UNIVERSITY OF DELHI Respondents

JUDGEMENT

(1.) At the outset the learned counsel for the petitioner sought further time to file a rejoinder. He submitted that it was necessary to file a rejoinder to produce exchange of communications which would indicate that Prof. A.K Singh, Provost Gwyer Hall, was inimical to the petitioner and the decision to refuse re-admission to the hostel was malafide.

(2.) The petition was listed for the first time on 24.11.2014. On that date, respondent accepted notice and was granted two weeks time to file a counter affidavit; petitioner was granted liberty to file a rejoinder before the next date of hearing which was scheduled on 20.01.2015. This court also directed that status quo be maintained. The respondent filed its counter affidavit on 19.01.2015. On 20.01.2015, the hearing was adjourned at the request of the petitioner and the petition was directed to be listed on 04.03.2015. On 04.03.2015, the hearing was adjourned to 12.03.2015. On 12.03.2015, the petitioner sought further time to file a rejoiner and the petitioner was listed for today. The petitioner has had sufficient time to file a rejoinder. The petition does not allege any bias or malafides on the part of Prof. A.K. Singh, provost Gwyer Hall and the petitioner cannot be permited to raise a plea of malafides in the rejoinder. Thus, the reason provided by the petitioner to file a rejoinder is unpersuasive. The petitioner is continuing to reside at the hostel by virtue of the interim order grated on 24.11.2014. In my view the petitioner's request for further time was a deliberate attempt to delay the proceedings and, therefore, I found no reason to grant further time to the petitioner to file a rejoinder.

(3.) The petitioner's request for further time to file a rejoinder was rejected and the petition was taken up for hearing.