Full Judgement
Delhi High Court
Md Dilwar Hussain vs Prof Nazim Husain Al-Jafri Registrar on 23 April, 2024
$~118
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 522/2024
MD DILWAR HUSSAIN ..... Petitioner
Through: Mr. Ayush Agarwal, Ms. Bhumika
Sharma and Mr. Kunj Mehra,
Advocates.
versus
PROF NAZIM HUSAIN AL-JAFRI REGISTRAR ..... Respondent
Through: Mr. Pritish Sabharwal, Standing
Counsel.
% Date of Decision: 23rd April, 2024
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
JUDGMENT
MINI PUSHKARNA, J: (ORAL)
1. The present contempt petition has been filed alleging willful disobedience of the judgment dated 19th February, 2024 passed by the Division Bench of this Court in LPA No.137/2024 and judgment dated 06th February, 2024 passed by the learned Single Judge in W.P.(C) No. 16575/2023.
2. Since despite the categorical directions issued in favour of the petitioner by way of the aforesaid judgments, admission was not granted to the petitioner in the B.Ed. (Urdu) course in the respondent-University. Thus, the present petition has come to be filed.
3. When the matter was listed for hearing on 01st April, 2024, statement made on behalf of the respondent-University was recorded, that an appeal before the Supreme Court had been filed on behalf of the respondent-
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University, assailing the judgment dated 19th February, 2024 passed by the Division Bench of this Court.
4. Subsequently, when the matter was listed on 22nd April, 2024, learned counsel appearing for the respondent-University handed over a copy of the letter dated 19th April, 2024, to submit that since the respondent-University did not obtain any favorable order from the Supreme Court, thus, a letter dated 19th April, 2024, had been issued in favour of the petitioner inviting him to join the course of B.Ed. (Urdu) in the respondent-University. The letter dated 19th April, 2024 issued by the respondent-University is taken on record. The same reads as under:
"JAMIA MILLIA ISLAMIA (A Central University by an Act of Parliament) Department of Teacher Training & Non Formal Education (Institute of Advanced Studies in Education) Faculty of Education
Maulana Mohammed Ali Jauhar Marg, Jamia Nagar, New Delhi-110025 Tel. : 011-26823108 EPABX : 26981717 Extn. 2140, 2142 E-mail : [email protected] Head
To, 19th April, 2024
Mr. Md. Dilwar Hussain, H No 32, Abdul Fazal Enclave Jamia Nagar, OKHLA.
New Delhi 110025 Mobile No. 7294892178 E mail: [email protected]
Admission to BEd - Invitation to Join Diwar Hussain,
In accordance with the judgment of the honourable High Court dated February 6th 2024, we are pleased to inform that your admission to the Bed course has been approved subject to the necessary admission
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In this regard you, you are requested to kindly submit all relevant documents for the verification and completion of admission process within the three days of receiving this letter. Your prompt cooperation will ensure a smooth and timely enrolment.
Prof. Jessy Abraham Head, IASE"
5. Learned counsel appearing for the respondent-University further submits that since the course of B.Ed. (Urdu) for the Session 2023-2024 had commenced way back in September, 2023, regular classes were taken up from the time of commencement of the course, which the petitioner has not been able to attend. Therefore, he submits that it would not be feasible for the petitioner to get admission in the current academic session of 2023-2024. He further submits that attending the National Cadet Corps ("NCC") Camp is also one of the requirements for the purposes of undertaking the aforesaid course of B.Ed. (Urdu).
6. When the matter was listed for hearing on 22nd April, 2024, learned counsel appearing for the petitioner had submitted that the petitioner did not want to lose an academic year and would study overtime, in order to ensure that he is able to take up the examination for the current academic Session of 2023-2024. However, learned counsel for the respondent-University submitted that the same would not be viable. Thus, the matter was listed today, i.e., 23rd April, 2024 for instructions from the petitioner.
7. The petitioner is present in Court today. He vehemently submitted that he ought to be given an opportunity to study in the current academic session, as loss of one academic year would be detrimental to his interest.
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8. At this stage, learned counsel appearing for the petitioner submits that had the petitioner been granted admission to the aforesaid course expeditiously after passing of the orders in his favour, the petitioner would not have lost the current academic session.
9. After some submissions, the petitioner has agreed that he shall take admission in the next academic session.
10. In view thereof, considering the fact that one academic session of the petitioner has been lost, despite the fact that the petitioner had obtained favourable orders in his favour in consecutive litigations, it is directed that in order to compensate the petitioner for loss of his current academic year, the petitioner shall be paid an amount of ₹ 50,000/- by the respondent- University. The said cost shall be paid by the respondent-University within a period of four weeks from today.
11. It is clarified that the cost has been directed to be paid in favour of the petitioner, only for the reason that a useful and important academic year of the petitioner has been lost on account of the respondent-University.
12. Accordingly, since the petitioner has consented that he shall accept the offer made by the respondent-University for joining the B.Ed. (Urdu) Course for the next academic Session 2024-2025, it is directed that the petitioner shall forthwith take all steps for joining the aforesaid course in the new academic session.
13. Mr. Pritish Sabharwal, Standing Counsel appearing for the respondent-University at this stage submits that the petitioner is pursuing a distant learning course, which cannot be pursued by the petitioner after getting admission in a regular course.
14. Without going into the merits of the said submission, it is directed that
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15. With the aforesaid directions, the present petition is disposed of.
MINI PUSHKARNA, J APRIL 23, 2024/MR
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