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Students Of Delhi University Move High Court Challenging Resumption Of Physical Classes & Exams

Nupur Thapliyal
16 Feb 2022 10:21 AM GMT
Students Of Delhi University Move High Court Challenging Resumption Of Physical Classes & Exams
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A plea has been filed in the Delhi High Court by five students challenging the decision of Delhi University to resume physical classes and examinations for the ongoing semester. The plea filed through Advocate Pranjal Kishore assails an office order dated February 9 issued by the University, directing resumption of physical classes from tomorrow. The plea also challenges a notice dated...

A plea has been filed in the Delhi High Court by five students challenging the decision of Delhi University to resume physical classes and examinations for the ongoing semester.

The plea filed through Advocate Pranjal Kishore assails an office order dated February 9 issued by the University, directing resumption of physical classes from tomorrow. The plea also challenges a notice dated February 11 stating that all examinations from May, 2022 will be conducted in physical mode.

In this backdrop, the petitioners pray that all classes and examinations for the ongoing semester be held in online or hybrid and open book mode.

Justice Rekha Palli today heard Senior Advocate Sanjay R. Hegde appearing for the petitioners who argued that the order for resumption of physical classes was published only on February 9 and that the same was contrary to an earlier office order of February 4 which had stated that online classes would continue.

It was also pointed out that grave hardship is being caused to students on account of the sudden announcement requiring them to shift to the city for physical classes.

Accordingly, the Court directed the counsel appearing for the University to obtain instructions as to whether hybrid classes can continue for the remainder of the semester.

However, the Court declined to interfere with the examination process for now, while adjourning the matter for further hearing on February 22.

The plea states that the impugned notifications suffer from arbitrariness and non application of mind for the reason that they fail to note that a majority of the students of the University being 65% are outstation candidates.

"Most of the accommodations for students – PGs, hostels or apartments house multiple students in one room. There is no question of Covid-19 norms being maintained in such cases. Further, the Office-Order dated 9.2.2022 does not contain any stipulation regarding following of Covid-19 norms in class-rooms. It is well-known that few, if any classrooms are designed to accommodate the entire strength of the class, while adhering to Covid-19 norms. It is therefore not clear, how classes will take place in offline mode," the plea adds.

The plea further avers that other Universities have issued specific guidelines stating that the classes would continue in hybrid manner in cases where the size of the class is more than 35. Accordingly, it has been stated that the impugned decisions are in breach of the legitimate expectation of the Petitioners.

Case Title: Mohit Gandhi and Others v. University of Delhi and Anr

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