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IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Vijender Kumar - Appellant
Versus
University of Delhi - Respondent
W.P.(C) 4247 of 2020 & CM. Appls. 15287-88 of 2020
Decided On : 20-07-2020
Executive Council's amendments regarding academic timelines must be clearly communicated to students, especially in light of pandemic disruptions, to avoid confusion and ensure compliance.
Headnote:(A) Delhi University Ordinance - Submission deadlines for MDS thesis - Amended ordinances set deadlines that were not clearly communicated - Petitioners argued for arbitrary deadlines set amid pandemic - Court finds confusion and miscommunication regarding submission dates. (Paras 2-19)
(B) Executive Council's authority - Issues of authority between Executive Council and the Board of Research Studies examined - Need for clear communication and proper notice to students emphasized. (Paras 12-19)
(C) Pandemic considerations - Court acknowledges pressures on students due to pandemic impacts. (Para 18)
Facts of the case:
Petitioners, students of MDS at MAIDS, contested sudden advance in thesis submission deadline from the amended ordinance allowing extension until October 2020 to a new deadline of June 2020, and alleged lack of clear communication regarding these changes.
Findings of Court:
Recognizing the significant confusion arising from unclear communications about submission deadlines, the Court extends the thesis submission deadline to September 30, 2020, with provisions for late fees.
Issues: The Court addressed the clarity of authority between the Executive Council and the Board of Research Studies, whether the latter could amend the Executive Council's decisions, and the adequacy of communications to students regarding such amendments.
Ratio Decidendi: The Court emphasized the need for clarity and proper notification procedures to students, recognizing the pandemic's context and the resultant uncertainties regarding submission deadlines.
Result: Court grants extension for thesis submission until September 30, 2020, subject to late fees.
| Table of Content |
|---|
| 1. petition concerning thesis submission deadlines and curriculum. (Para 2) |
| 2. contentions regarding the authority on thesis submission dates. (Para 3 , 5 , 6 , 7 , 8) |
| 3. court's analysis of communication and clarity concerning deadlines. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. court's interim order regarding extension for thesis submission. (Para 18) |
| 5. conclusion on the relief granted and next steps. (Para 19 , 20 , 21) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done by video conferencing.
2. The present petition has been filed by nine students who are pursing the Master of Dental Sciences (hereinafter, "MDS") Post Graduate Programme at Respondent No.3 college i.e., the Maulana Azad Institute of Dental Sciences (hereinafter, "MAIDS"). As per the Petitioners, students who have passed the second year and are pursuing the third year of the MDS programme are to submit a thesis as part of their course curriculum. The deadline for submission of the thesis, as per the amended ordinance of Delhi University (hereinafter, "DU") relating to post graduate MDS courses, was 15th October, 2020, extendable up to two weeks. However, the Petitioners were recently informed of the fact that they have to submit their thesis by 30th June, 2020, extendable up to 31st July, 2020 with late fee.
3. Ld. counsel for the Petitioners submits that the applicable Ordinance was amended on 20-21st July, 2019, which amendment was notified on the website of DU on 18th October, 2019. As per the said amended Ordinance, the deadline for submission of thesis is 15th October, 2020, extendable up to two weeks. Thus, it is the case of the Petitioners that the notice for submission of thesis by 30th June 2020, extendable by one month to 31st July 2020 with late fee is completely arbitrary as students were not informed of the advancement of the date for submission in time. Further grounds have been raised that fixing such a deadline for submission of a thesis at such short notice especially during a pandemic has created panic amongst the students.
4. This matter was listed on 17th July, 2020, on which date ld. counsels for DU and MAIDS sought time to place on record certain documents. Accordingly, the matter was adjourned for today. Both counsels have placed on record compilations of documents which have been considered by this Court.
5. Mr. Mohinder Rupal, ld. counsel appearing for DU submits that DU had originally fixed the date for submission of thesis as April, 2020 which is clear from a reading of email dated 20th April, 2020 sent to all the colleges. The receipt of this email is also admitted by MAIDS. Mr. Rupal then submits that the Executive Council had met on 20-21st July, 2019 and amended the deadline for submission of thesis to 15th October, 2020, however, the same was to be subject to the approval of the Board of Research Studies (hereinafter, "BRS"). Any amendment to these ordinances, especially for post-graduate studies, has to be approved by the BRS, which, according to him, is clear from a reading of Clause 15.1 of the Ordinance of the University Relating to Post Graduate (MDS) Courses as per which the stipulated time frame for the thesis would be decided by the BRS. Ld. counsel further submits that even Appendix-III to the amended Ordinance, which specifies the date for submission of the thesis as 15th October, 2020 and the date for submission of the thesis protocols as 30th October, 2020, is with the caveat that the same would be subject to change on the recommendation of the BRS.
6. Mr. Rupal further submits that after the Ordinance was amended on 20-21st July, 2019 the BRS had met on 16th September, 2019 and in the said meeting, where Professor Sabita Mishra from the Maulana Azad Medical College (hereinafter, "MAMC") was also present, it was decided by the BRS that the date of thesis submission would be 30th April, 2020. Ld. counsel thus submits that the BRS had not approved of the extension of the
