At, High Court of Delhi
By, THE HONOURABLE MS. JUSTICE HIMA KOHLI & THE HONOURABLE MR. JUSTICE SUBRAMONIUM PRASAD
For the Petitioner: Nipun Saxena, Advocate, Party-In-Person. For the Respondent: Sanjay Vashishtha, S.D. Sharma, Advocates, Ramesh Singh, Standing Counsel (Civil).
Heard Through Video Conferencing:
1. Mr.Sanjay Vashishtha, learned counsel who appears for the Respondent/NLU Delhi in WP(C) 3170/2020 states that a counter-affidavit has been filed on 10th June, 2020 with an advance copy to the counsel for the petitioner. However, the said counter-affidavit has not come on record. Learned counsel is requested to resend the counter-affidavit electronically so that the same is brought on record.
2. The petitioner who appears in person, states that she may be granted time to file a rejoinder. Rejoinder be filed within one week with a copy to the other side. The petitioner further states that she may be permitted to implead Govt. of NCT of Delhi as a co-respondent in the present proceedings. Permission, as prayed for, is granted. Amended memo of parties be filed within two days.
3. Mr.Ramesh Singh, learned Standing Counsel (Civil), Govt. of NCT of Delhi who is appearing for the Govt. of NCT of Delhi in the connected writ petition [WP(C) 3454/2020], is requested to enter appearance in WP(C) 3170/2020 as well. A complete set of the paper book shall be e-mailed by the petitioner to Mr.Ramesh Singh, learned Standing Counsel (Civil). Counsel for the NLU, Delhi shall also furnish its counter-affidavit to him. Newly impleaded, respondent No.2/Govt of NCT of Delhi will file its counter affidavit to the writ petition as also a reply to the counter-affidavit filed by the respondent No.1/NLU, Delhi, within one week.
4. Issue notice in WP(C) 3454/2020.
5. Mr.Ramesh Singh, learned Standing Counsel (Civil), Govt. of NCT of Delhi, raises a preliminary objection to the fact that none of the petitioners have the locus standi to file WP(C) 3454/2020, as they have already graduated from NLU, Delhi and have filed the present petition in the capacity of its alumni, when no cause of action has arisen in their favour.
6. In reply, Mr.Saxena, learned counsel for the petitioner, states that he is willing to delete the names of petitioners No.1 to 3 from the Memo of Parties. He states that as for the petitioners No.4 to 6, all of them are 4th year students studying in NLU, Delhi and they are entitled to file the present petition as it is their case that the decision taken by the respondents to add a number of seats to the LL.B. and LL.M. courses will strain the presently available facilities and faculty and the University is not geared up to cater to such a large number of students.
7. Learned counsel for the petitioner in WP(C) 3454/2020, is permitted to file an amended memo of parties within two days by deleting the petitioners No.1 to 3 from the array of petitioners and maintaining the petition through the remaining 3 petitioners who shall be renumbered as petitioners No.1 to 3.
8. As the relief in WP(C) 3454/2020 is more expansive in nature, it is deemed appropriate to direct that the said matter be treated as the lead matter for purposes of arguments. A copy of this petition shall also be furnished to the counsel for the petitioner in WP(C) 3170/2020.
9. Pleadings in WP(C) 3170/2020 shall be taken into consideration while deciding WP(C) 3454/2020 as well. 10. Parties are at lib
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erty to file their written submissions not exceeding three pages along with the citations they propose to rely upon well before the next date of hearing so that final arguments through the VC hearing can be reasonably curtailed. Copies be exchanged with each other in advance. 11. List for arguments on 25th June, 2020, at the end of the Board.