WRIT PETITION (CIVIL) NO. 4410/2010 Page 1 of 5 $~9. * IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITION (CIVIL) NO. 4410/2010 Judgment delivered on : 28th April, 2011 JAINIDH KAUR (THR HER NEXT6 FRIEND & NATURAL GUARDIAN) ..... Petitioner Through Ms. Prabhsahay Kaur, Co- Amicus Curiae. versus ST.STEPHENS COLLEGE AND ORS. ..... Respondents Through Ms. Maninder Acharya & Mr. Yashish Chandra, Advocates for University of Delhi. Mr. Atul Kumar, Advocate for respondent-CBSE. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not ? 3. Whether the judgment should be reported in the Digest ? DIPAK MISRA, CJ: This Court on 24th March, 2011 had passed the following order: “ In pursuance of our earlier order dated 16.3.2011, Mr. R.K. Sinha, Registrar, Delhi University, Dr. Veera Gupta, Secretary, CBSE and Ms. Dharini S. Arun, Asst. Secretary, CBSE are present. A memorandum has been filed stating, inter alia, that the problem has been sorted out. WRIT PETITION (CIVIL) NO. 4410/2010 Page 2 of 5 Mr. Jain, learned Amicus Curiae submitted that the problem remains as it is. The said controversy shall be adverted to on the next date of hearing. The personal presence of the authorities stands dispensed with for the time being. In the meantime, Mr. Jain, learned Amicus Curiae may give further suggestions to the Registrar of the Delhi University and the Secretary, CBSE so that they can take proper steps and see that the controversy is put to rest from all spectrums and the students do not suffer because of delay in re-verification of the answer scripts. We hope and trust that the authorities shall remain alive to the problems faced by the students and usher in a sense of rational approach. Call on 20.4.2011.” 2. It is submitted by Mr. Atul Kumar, learned counsel appearing for the CBSE that certain decisions have been taken. For the sake of completeness, we reproduce the said decisions: “ The issues raised by the Amicus Curiae had already been deliberated by CBSE in its meeting held on 4.4.11. The following action plan may be adopted: i) The form for verification of Marks be uploaded on the Website; ii) Columns for collecting the following information be added in the form in order to segregate the applications in respect of those candidates applying to University of Delhi and Comptt./IOP candidates-  Result as declared by the Board WRIT PETITION (CIVIL) NO. 4410/2010 Page 3 of 5 iii) The amount of fee be bifurcated for those applying online and within five days of the declaration of result and for those applying between 6th to 21st day either online or offline as under: - 300/- per subject be charged for verification of marks and the applications be received online within five days from the date of declaration of result. The result of verification be declared within 15 days - 200/- per subject be charged and the application received either online or offline and the results be also declared within 3-4 weeks. - Verification result in respect of Comptt/IOP candidates may be declared within 4-6 weeks The fee structure for applying within 05 days of declaration of result has been proposed to be double of that as being charged from those candidates applying between 6th to 21st day which is the fee structure applicable as on date. Also a Committee has already been constituted to consider enhancement in the remuneration and examination fee structure relating to Classes X/XII Examinations. The issue for increasing the fee for verification of marks will also be discussed therein. iv) The modes of receipt of the application and fees may be as under- (a) applications be received online with payment (b) applications be received on-line with WRIT PETITION (CIVIL) NO. 4410/2010 Page 4 of 5 payment through Demand Draft. (c) applications be received offline in traditional system. (d) For future arrangement, tie up with Syndicate Bank may be explored. v) the process for verification be started on receipt of the application in the office however, the result be communicated only after realization of the requisite fee. vi) all applications received online or offline be dealt with expeditiously on first come first disposal basis; It was further accepted that in those cases where the increase in marks is more than five the Regional officers may send the Answer sheets through messenger (s), if needed for obtaining approval of the Competent Authority to meet the time schedule.” 3. At this juncture, Ms. Maninder Acharya, learned counsel appearing for the University of Delhi after obtaining instructions from Mr. M.A. Sikander, Deputy Registrar (Legal), Delhi University, has submitted that the University shall admit all students even if they only produce their marks after revaluation till the last cut off date, irrespective of availability of seat. Learned counsel for the University has fairly stated that a circular shall be issued to all the colleges within four weeks. Needless to emphasize when the University issues the circular, the same shall be binding on all affiliated and constituent WRIT PETITION (CIVIL) NO. 4410/2010 Page 5 of 5 colleges. The writ petition is accordingly disposed of without any order as to costs. Copy of this order be given dasti to the learned counsel for the parties under signature of the Court Master. CHIEF JUSTICE SANJIV KHANNA, J. APRIL 28, 2011 VKR