Noopur Bajpai v. University of Delhi & Ors

ORDER o/o

01.10.2015 CM No. 15610/2015 (modification of order dated 12.07.2013)

¶1This is an application which seeks modification of order dated ' 12.07.2013 in line with the order passed by the Supreme Court in the case of a co-accused in Civil Appeal No.537I/20I5, titled : Sonal Vs. Union of India and Ors. The order of the Supreme Court passed in the said civil appeal is dated 13.07.2015.

¶2Briefly, the application has been filed in the background of the following facts :-

2.1 By virtue of an order dated 12.04.2013, respondent no.4 VI * A yw^ rusticated the applicant/petitioner from respondent no.2/coilege for a period of three years in terms of clause 4(b) read with clause 5 of Ordinance XV-B of the Ordinance of the University, with effect fiPMi 2013. This rustication came with a caveat that it could dissolve at an earlier point in time depending on the outcome of the Criminal Case, being : RC 219/2011 - E007, in the matter of : CBI Vs. Mahipal Singh and Ors.

2.2 It is in this case that the petitioner alongwith other accused is facing prosecution.

2.3 Admittedly, a charge-sheet has been filed though, no charges have been framed, as yet.

2.4 As indicated above, the Supreme Court in the case cofieiHl^ one of the co-accused (i.e. Ms. Sonal) passed an or^ dated

13.07.2015 in civil appeal no.5371/2015. The operative part of the said order reads as follows :-"...In these circumstances, we allow this appeal with the following directions :-

(1). The result of the appellant shall be declared forthwith. We may point out at this stage that the result was brought to this court in a sealed cover and after perusing the result, we found that the appellant has passed in the final year examination as well. Therefore, as a consequence thereof, she would be entitled for grant of MD degree also. However, at present, she would be given only provisional MD degree.

(2). The aforesaid degree shall be subject to the outcome of the criminal case pending against the appellant. If the appellant is convicted in the criminal case and / or findings are arrived at in the said matter to the effect that the ■W-<' 7^ ^ -t't" "V-appellant could get the admission in the MD course by practising the foul means as alleged in the charge-sheet, the effect thereof would be that the admission of the appellant to the MD course shall stand cancelled. As a consequence, it would be permissible for the respondent-authorities to nullify the MD course undertaken by her and cancel the provisional MD degree granted to her.

(3). In case, the appellant is discharged and / or acquitted in the aforesaid criminal proceedings, the appellant shall be ^ given final degree of the MD course.."

2.5 It is not disputed before me by the counsel for the respondents that the applicant/petitioner has passed her M.S. Exam. Dr. Sudha Prasad, Dean of the Faculty of Medical Sciences, is present in court, at the request of this court, made on the previous occasion. She has affirmed the said position.

2.6 Dr. Sudha Prasad says that a "provisional certificate" can be issued by the concerned Institute/ Respondent no.2 to the applicant/petitioner subject to other conditionalities put in place by the Supreme Court in the aforementioned civil appeal concerning Sonal Vs. Union of India and Ors.

2.7 To be noted, the Supreme Court uses the expression 'provisional degree' and not 'provisional certificate'. Therefore, I do not intend to derogate from that position.

2.8 Accordingly, the following directions are issued in confcifllily with order of the Supreme Court.

¶3The order dated 12.07.2013 is modified to the following extent ■i .-rj- >l t > f^:

(i). The applicant / petitioner will be issued a provisional M.S. degree.

(ii). The aforesaid degree will be subject to the final outcome of die aforementioned criminal case in which the applicant / petitioner is arrayed as an accused.

(iii). In case the applicant/petitioner is convicted in the said criminal fase and / or findings are arrived at in the matter to the effect that she had got admission in the M.S. course by practising the foul means as imputed in the charge-sheet, her admission to the M.S. course shall stand cancelled. As a consequence of such a finding being reached by the concerned criminal court, the respondents will be at liberty to nullify the M.S. course undertaken by the applicant / petitioner aiid cancel the provisional M.S. Degree, conferred on her.

(iv). In the event, the applicant/petitioner were to be discharged and / or acquitted in the aforementioned criminal proceedings, she shall be conferred with a final MS degree.

¶4The captioned application is allowed, in the aforesaid terms.

4.1 Order dated 12.07.2013 will stand modified to the extent, indicated above.

¶5Dasti. OCTOBER 01,2015 yg RAJIV SHAKDHER,J

+ W.P.(C)2649/2013 NOOPURBAJPAI Through Mr K,K. Rai, Sr. Advs''' versus university OF DELHI&ORS Through Mr.Mohinderl.S.R^ipfrLr™" Prof.UpreetDhaliwal,Dean,FMS. AND + W.P.(C)2575/2013 jyotsna kashyap Through versus l\ A/r. T. . Petitioner Ml. K.K. Rai, Sr. Adv. withMr. P.K. Mishraand Mr. NirajKumarMishra Advs. ' UNIONOF INDIAAND ORS Through Mr.Hi^anshuBajarsS:^"" Counselfor R-1. CORAM; HON'BLEMR. JUSTICEV.K.JAtN % Q R D K R 12.07.2013 - Pr.r. 0," Dl,,™,. ,, Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. Y- M, / ( \ have beenrecordedseparately. Thewritpetitionsaredisposedofin thefollowingterms: The petitioners in W.P.(C) 2649/2013 and 2575/2013 "i" be pennittedto pursueand completetheirstudtesin MD courseofDelhi University. 2. Thoughthepetitlonersshallbepernrittedto appearin the exantination -bjeet to thetr being othenvisequalifiedfor the same, (including -bnrissionofthesisand cotnpletionoftheprocessin all respectsand appearing in supplementatyexamination,if otherwise,pet^nssible "Hder the n.es,a"dthe resultwould also be .ntimatedto them, no ProvtstonaiCertificateor Degree of MD cou..e shall be issued to themby DelhiUniversity,exceptas statedinpara(4)hereinbelow 3. The petitionersin W.P.(C)2649/2013and 2575/20,3shall not clatm to be MD, unlessthe ProvisiotralCertificateand/orDegreeis released to them byDelhiUniversity,in termsofthisorder. 4. Ifthe eritnmalcourt beforewhichchargesheethas been filed against the petttionersholds that there was no tamperingwith their OMR sheets, only then Universi^ of Delhi shah issue the provisional oerttficateand/or degree in MD course to them, in ease they have Psed out ,n the sa,d examination.Otiierwise,the petitionersshall forfeittheirrightto theDegreein MD cotu-se. If.herei. any shortfalli" attendance,the applicationifsubmittedby thepetttione.for condoningthe shortfallshall be consideredby the CompetentAuthorityin the lightofall the facts and circumstancesof this case. court master. rV^ \ . A K- / V.K. JAIN,J JULY 12, 2013 rb ;■:: , '■•'i ■ ; ■ V' If $-15 + % IN THE HIGH COURT OF DELHI AT NEW DELHI DR. JYOTSNAKASHYAP Petiti«l» Through: Mr. P.K. Mishra and Mr. Niraj Kunmr Mishra, Advocates versus UNION OF INDIA AND ORS Respondents Through: Mr. Anurag Ahluwalia and Mr. Arunava Mukherjee, Advocates for R-I Mr. Mohinder J.S. Rupal, Advocate with Dr. Sudha Prasad, Dean, Faculty of Medical Sciences for R-3 & 4/University of Delhi. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER