Students of Delhi University Files a Plea in Delhi High Court Challenging University’s Decision of Resuming Physical Classes
(Judicial Quest News Network)
A plea has been filed in Delhi High Court by the students of DU challenging the decision of Delhi University to resume physical classes and examinations for the ongoing semester
The Delhi University’s decision to resume physical classes from the 17th of February has been challenged by a batch of students. The Petitioners also challenge the decision to resume physical examinations.
The matter was heard by a bench presided over by Justice Rekha Palli. The Petitioners argued that the order for resumption of physical classes had only been published on the 9th of February. The same was contrary to an office -order of 4.2.2022 which had stated that online classes would continue. The Petitioners also pointed out the grave hardship caused to them on account of the sudden announcement requiring them to shift to Delhi.
Taking note of these submissions, the Court directed the counsel appearing for the Delhi University to seek instructions on whether hybrid classes could continue for the remainder of the semester. However, it declined to interfere with the examination process. The matter has now been listed for Tuesday.
The petition was filed through Mr. Pranjal Kishore. Mr. Sanjay R Hegde, Senior Advocate appeared for the Petitioners.
The impugned notifications suffer from arbitrariness and nonapplication of mind. The notifications fail to note that a majority of the students of the University (65%) are outstation candidates. An even larger percentage of students do not have access to college hostels. It further fails to note that only about 21 days of class-room teaching are left in the semester.
The petitioners further submitted that a breach of legitimate expectation gives rises to a cause of action for judicial review. In this case, the Petitioners legitimate expectation that online classes would continue arose out of multiple office orders issued by the University. Two such orders issued in September, 2021 stated that the University “considered necessary to transit into the blended online-offline mode of teaching and learning in a phased manner.”
It is pointed out that 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.
On 6.9.2021, the University issued an office order regarding the phased reopening of University Colleges, Departments and Centres. The order notes that any transition to offline mode must consider the prevailing conditions and specific requirements of institutions. The order also notes that “keeping the safety concerns as the utmost priority, it was also considered necessary to transit into the blended online-offline mode of teaching and learning in a phased manner.” Having stated thus, the office order stated that all theory classes for all UG/PG courses would held in online mode till further notification.
written complaint to the respondent authorities pointing out all facts of the case. The matter is adjourned for further hearing on Feb 22.
