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IN THE HIGH COURT OF DELHI
D.N. Patel, Jyoti Singh, JJ.
Kavita Chaturwedi - Appellant
Versus
University of Delhi - Respondent
LPA 11 of 2021
Decided On : 08-01-2021
| Table of Content |
|---|
| 1. appeal due to dissatisfaction with interim order (Para 1 , 2) |
| 2. challenge regarding ews category reservation (Para 3) |
| 3. dismissal of letters patent appeal (Para 4) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)
Proceedings in the matter have been conducted through video conferencing.
CM APPL. 688/2021 & CM APPL. 689/2021 (exemptions)
Allowed, subject to all just exceptions.
The applications are disposed of.
LPA 11/2021
1. Being aggrieved with and feeling dissatisfied by an order of the learned Single Judge dated 10th December, 2020 in W.P.(C) 9820/2020 the original petitioner has preferred the present Letters Patent Appeal.
2. The order impugned is an interim order. Notice has been issued by the learned Single Judge on 10th December, 2020 and was made returnable on 25th January, 2021. It appears that the appellant (original petitioner) wants the court to decide the writ petition on the very first date of hearing and grant the relief sought.
3. Looking to the facts of the case, the appellant (original petitioner) is aggrieved by the action of respondent Nos.1 and 2 in not providing 10% reservation to the EWS category for admission to the three year LL.B Course, for the Academic Session 2020-2021 as per the mandate of Office Memorandum dated 17.01.2019 issued by Ministry of Social Justice & Empowerment, Government of India and O.M. dated 18.01.2019 issued by UGC. Looking at the issue involved in the writ petition and the relief sought, the learned Single Judge thought it fit to issue notice and make it returnable on 25th January, 2021.
4. No rights and liabilities of the appellant herein have been adjudicated or finalized by the impugned order dated 10th December, 2020 and the writ petition is still pending. We therefore see no reason to entertain this Letters Patent Appeal and the same is accordingly dismissed.
Denial of EWS reservation in admission violates constitutional provisions; interim orders do not finalize rights, thus appealing them lacks merit.
Letters Patent Appeals are untenable if no rights or liabilities of parties are decided in the impugned order.
An interim order can be upheld while expediting hearing in a related writ petition without addressing the substantive merits of the case.
A prolonged delay in prosecuting a writ petition can justify dismissal, reflecting a lack of diligence and warranting costs against the Appellant.
An appeal is not maintainable if no rights or liabilities have been adjudicated upon, thereby necessitating resolution of the underlying writ petition urgently.
An appeal is not maintainable without a substantive order from the lower court; adjournment does not equate to a decision on rights or liabilities.
Courts may direct admission increases in exceptional cases but must uphold consistent admission standards across institutions, even amidst procedural changes due to emergencies.
Interim orders allowing status quo are upheld while relevant writ petitions are pending, highlighting the principle of maintaining legal stability during ongoing proceedings.
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