DU OBE, Delhi HC
DU OBE, Delhi HC
Litigation News

[Online OBE for final year students] Delhi HC hears DU's appeal Single Judge's directions - LIVE UPDATES

The appeal is listed for hearing before the Division Bench of Justices Hima Kohli and Subramonium Prasad.

Bar & Bench

The Delhi High Court is hearing Delhi University's (DU) appeal against the directions passed by a Single Judge Bench while allowing online open book examination for final year students given the COVID-19 pandemic.

The appeal is listed for hearing before the Division Bench of Justices Hima Kohli and Subramonium Prasad.

Live updates of the hearing today feature on this page.

Bench assembles. Hearing begins. Senior Advocate Sachin Dutta, Advocate M Rupal appear for Delhi University. Advocate Akash Sinha represents the Petitioners/Students.

There was a grievance redressal committee created. The issue of preparedness was before this Bench. The single judge only had to deal with whether OBE had to be conducted : Senior Advocate Dutta

Without any quarrel, we complied with all other directions. We had our own grievance redressal committee and there were no arguments against it. But it was reconstituted : Dutta

There is an implicit assumption that the committee by the DU would not be transparent etc. There was no prayer against our Committee: Dutta

Where was the occasion for the students to challenge your committee? It was constituted during the course of the hearings: Court

You have the welfare of the students at heart. And your interest cannot be any different from that of the Court : Court

Before the single judge, did you take permission to constitute a committee? : Court

We apprised this court, the Division Bench : Dutta

You should have shared it with that Court: Court

Arguments were addressed for several days. We had been repeatedly saying that we would have a grievance redressal committee.. Can DU not be trusted to form a committee? : Dutta

This is not a ego battle, Mr Dutta: Court

The Chief Justice of India is the Pro Vice-Chancellor of the University: Dutta

We all respect the university. Most of us are products of the university: Court

Dutta turns to certain data on the mock exams.

Don't open the pandora box. We are not dealing with it in this hearing: Court

The exams have been successful: Dutta

Then why are you concerned? : Court

It is a matter of integrity.. we should be allowed to function : Dutta

Why are you fighting shy of letting the committee which stull includes your Professors?: Court

Can't we be trusted to have our own Committee. It is about autonomy: Dutta

Is there any basis for the conclusion that our committee would not be transparent? : Dutta

Hand sanitizers are not the only way of sanitizing a place. All you should have said that you were open as a book: Court

To have people who are not part of the University as part of the grievance redressal committee impinges badly .. : Dutta

These are extraordinary circumstances ... Let not ego come between the students and the university: Court

Let the university perform its job : Dutta

We are before the Court : Dutta

Why would a court tooth comb through individual grievances: Court

Today is August 14, the order was of August 7. Have you taken any effort to comply with the order? : Court

I need instructions : Dutta

Let my original Committee be retained. Let the former Judge preside over the committee. But to have three members who are not part of the committee would prevent the university from performing its functions: Dutta

Our nominated members have impeccable academic record .. : Dutta

None of them would have dealt with grievances of this nature.. : Court

No, they have dealt with the conduct of examinations: Dutta

Why are you so threatened? : Court

Constitution of the committee is not a reflection on your integrity or the working of the university: Court

Let the former judge preside over our committee.. let the university perform its duties without interference of third parties: Dutta

It is not the poor reflection on the eminence of the members of your committee, University.. we are not going this way : Court

You got offended because three other members have been added : Court

We have been transparent throughout: Dutta

Never did the court day that there should be an outside Committee.. I would have addressed the court : Dutta

You faced the court with fait accompli : Court

You did not let that committee function even for a day in the garb of an appeal .. you answer this. : Court

The occasion for that committee to function has not arisen yet. 99% of emails from students are just queries: Dutta

Is it right that one of your emails was not working: Court

Mr Uppal, can you find out. It was rectified immediately : Dutta

Then there will be grievances : Court

As on date, there is no issue with any email ID: Dutta

Whatever issue was there, it was resolved : Dutta

If I had been discharging my responsibilities in a responsible way, it would have been justified..: Dutta

We don't want to say anything about it. We know the background in which OBE was conducted: Court

The participation is as good as normal exams. There are no problems: Dutta

This is thanks to the students who have to sit for the exams for the sake of their careers: Court

Take the dismissal order : Court as it pulls up DU for pressing on the issue of "integrity"

Dutta raises issues with respect to Advocates being part of the committee.

As professors can't appear here.. We should let the university have its functional integrity: Dutta

If you are so clean, let outsiders scrutinize : Court

All the members nominated by the single judge are very eminent in their domain. But let the University do its work: Dutta

Committee has no role to play in the integrity, functioning of DU : Court

The Committee has to give a report.. it's like the Committee is monitoring : Dutta

If the exams go satisfactorily with little creases here and there then what is the problem: Court

There were no pleadings before the single judge with respect to the committee : Dutta

If my performance is not good, I will be before this Division Bench which is dealing with the issue of preparedness: Dutta

By then the careers of the students would be wrapped up: Court

Why would I be unreasonable with my own students.. in whom I've invested so much : Dutt

Court takes a look at the committee proposed by DU, asks if these members have experience in dealing with online OBE.

They are. They are active professors: Dutta

This is not a committee to deal with academic issues. It is a grievance committee: Court

A grievance committee can have outsiders as long as there is no conflict of interest: Court

The judges speak to each other in private.

Not as distrusted as DU but our internet is disturbed today : Justice Kohli

Court suggests that DU may choose one of the members from its preferred committee to join the five-member Committee constituted by the Single Judge.

This is the concession that we can give. Take instructions: Court

Court master asks DU counsel if they were ready.

Just give us 2 more minutes : Advocate Rupal

We would like that all four members suggested by us be part of the committee: Dutta

No, we asked you to choose from serial no 1-4 on your list. We are not bargaining: Court

Advocate Akash Sinha says that a 6-member committee may have a stalemate.

Then the Chairperson will have the casting vote: Court

Financial payment to be given to Mr Rupal as a coordinator may be set aside : Dutta

He need not to take the money if he doesn't want it. We are not saying anything : Court

And the amount payable to the Chairperson, UGC or UOI may be directed to pay it : Dutta

Why? You are conducting the exams: Court

Very well : Dutta

DU counsel are again taking instructions on the aspect of choosing one member to join the committee.

We need 1-2 hours to choose : Dutta

Then leave it to us. We will choose : Court

Then I choose Dr Ajay Arora : Dutta

Alright : Court

DU seeks liberty to approach UGC for reimbursement of the payment made to the Chairperson of the committee.

We are not coming in your way. You are free to do it : Court

Wouldn't it be better if amendments come from the single judge : Advocate Shivankar Sharma

We are passing the order : Court

The committee will be functional from today evening itself: Court

Let the court not put any deadline : Dutta

Court refuses.

Advocate Akash Sinha says that the single judge will today hear an application by the grievance redressal committee.

Communicate our order to the single judge : Court

Court begins dictating the order.

Court records the submissions by the parties.

We are of the opinion that reconstitution of the grievance redressal committee does not reflect upon the integrity or reflect poorly on the university: Court

In fact having members who are not part of the university but have the experience would also add to the stature of the committee.. : Court

Expect for the fee payable to the Chairperson, there is no financial liability on the university: Court

Dutta says Dr Ajay Arora is heading the first step of the grievance redressal.

What are you doing? This can't be allowed now. How can he be part of the second stage of redressal as well then : Court

You are following your own procedure: Court

Court asks DU to choose another person.

We can have Mr SC Rai then : Dutta

Court accepts.

The Committee shall have its first meeting tomorrow morning. Committee free to take assistance of any DU official: Court

In case of financial crush, DU can approach Centre or UGC. Fee of the Chairman is maintained : Court

It is clarified that the order was passed in the peculiar and unprecedented circumstances : Court

The Court may say that the fee of the Chairperson may be taken from their own funds : UGC

Yes, we will clarify: Court

Court asks DU to inform the single judge about the order passed in the appeal.

Tell that court that you would follow this order in letter and spirit: Court

Appeal disposed of.

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