KSHITIJA PURSHOTTAM MHATRE Vs. DIRECTOR GENERAL & 1

JUDGEMENT

(1.) THIS petition under Articles 226 and 14 of the Constitution of India is filed by a student of Pandit Deendayal Petroleum University School of Technology (hereinafter referred to as 'the respondent university').

(2.) FROM examination of the memo of the petition and annexures, it appears that the petition is prepared, sworn/affirmed and filed on 12.4.2013. The petition was not listed on this Court's cause list for 12.4.2013. It appears that a request for urgent circulation on the same day, i.e. 12.4.2013 was made on 12.4.2013 before the Hon'ble the Chief Justice and after the permission for 'circulation on the same day', was granted by the Hon'ble the Chief Justice, the petition was placed before this Court for hearing on 12.4.2013. On account of load of matters, particularly certain matters requiring urgent hearing including the matters filed by students and/or educational institutions, the matter could be taken up for hearing only during last half hour on 12.4.2013. After considering the matter and the urgency expressed by learned counsel for the petitioner, Notice to the respondent university was granted and having regard to the fact that the next two days, i.e. 13.4.2013 and 14.4.2013 being Saturday and Sunday, would be non -working days for respondent university, the process of Notice was made returnable on 17.4.2013. On 17.4.2013, after the petition was heard to certain extent, hearing was adjourned to next day, i.e. 18.4.2013 so as to enable the respondent university and the petitioner to file reply affidavit and rejoinder affidavit. On 18.4.2013, the petition was listed at Sr.No.123 in the cause list. Certain urgent admission matters (fresh admission) and several returnable matters, which required urgent hearing, including the matters filed by the students and education institutions, this petition could be taken up for hearing, that also after discontinuing hearing of other matter, at around 4.50 / 4.55 p.m. on 18.4.2013. The hearing concluded at around 5.25 p.m. (i.e. after court hours).

(3.) IN present petition, the petitioner has prayed, inter alia, that: