AMAR SINGH CHAUHAN Vs. DR. DEEPAK PAINTAL, VICE-CHANCELLOR
LAWS(DELCDRC)-2009-2-7
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on February 11,2009

Amar Singh Chauhan Appellant
VERSUS
Dr. Deepak Paintal, Vice -Chancellor Respondents

JUDGEMENT

J.D.KAPOOR,PRESIDENT (ORAL) - (1.)FOR having shifted the Department of Salavonic and Finno -Ugrian Studies, University of Delhi from North Campus to South Campus in 1988 and on a holiday, Saturday on 9th June, 2007 shifted at mid -night back to North Campus, the appellant filed a complaint against the Vice -Chancellor of Delhi University and Head of Department alleging deficiency in service besides several other deficiencies. Vide impugned order dated 8.10.2008 the complaint was dismissed being devoid of merit. Feeling aggrieved the appellant has preferred this appeal.
(2.)THE case of the appellant, in brief, is that he is a bona fide student of the Department of Salavonic and Finno -Ugrian Studies. University of Delhi. The respondents are the highest authorities of the University of Delhi. The said Department was shifted to South Campus from North Campus in 1988 and now on a holiday, Saturday on 9th June, 2007 at mid -night was shifted back to North Campus. The South Campus was established for catering the needs of South Delhi and adjoining areas. The shifting of the Department was widely covered in the print and visual media. The students who have taken admission in the first year of the South Campus have been forced to shift to North Campus against their wishes. In the prospectus of 2007 -08, the application for admission to the various courses, it was option for classes at South and North Campus. It was said that the classes for Certificate and Diploma courses will be held at Arts Faculty, South Campus but students were forced to attend the classes at other colleges; that the Delhi University Students Union approached the authorities and made the complaints to the highest authorities of the country but nothing was done. In the said complaint, allegations of the misuse of the authority of the Vice -Chancellor and the other top officials of the University in respect of perks and perquisites have been made. The student are paying huge fees for the library but no facilities are being provided. The appellant claims that the Department of Salavonic and Finno -Ugrian Studies be brought back to the South Campus and the classes be held as prescribed in the advertisement and the respondent be directed to follow the rule of law.
(3.)THE respondent contended that the University of Delhi is governed by the Act of Parliament and actions of the respondent are in accordance with the University Act. Vice -Chancellor of the University, under this Act is vested with all necessary powers to exercise general control over the affairs of the University including teaching and learning process in the departments and its colleges. No individual officer of the University can be held liable for the acts taken on behalf of the University and no complaint can be filed against any one of them. The appellant is one of the registered part -time students of Certificate/Diploma course in the Department. He filed representation to the highest authorities of the country including the judiciary but he has not stated about the outcome of the said complaint. The decision for providing proper and suitable space to the Department of Salavonic and Finno -Ugrian Studies was not taken by the University authorities overnight but it was done through a due process initiated in June 2006 itself. In the North Campus there are better facilities than South Campus and the appellant cannot have any grievance as the University has provided better facilities for the working of the Department in which the student happens to be a part -time Certificate/Diploma course student. The appellant enrolled himself for a part -time Diploma in Russian for the Academic Year 2007 -08 in the Department of Salavonic and Finno -Ugrian studies. The appellant is one of the registered part time student of Certificate/Diploma Course in the Department.
We have perused the impugned order closely and find that observations made by the District Forum which go to the root of the matter have rightly absolved the respondents from the charge of deficiency in service and need to be referred. These are: "The Vice -Chancellor of the University under the Act is vested with all necessary powers to exercise general control over the affairs of the University including teaching and learning process in the departments and its colleges. The action of the respondent as alleged by the appellant is under the cover of the Delhi University. The part -time Advance Diploma in Russian is one of the Departments which was created by the University under the Statute 9 -B of the Statutes of the Act which runs full -time and part -time courses. The respondent decided to provide a proper and suitable space to accommodate the part -time Advance Diploma in Russian. The said decision was not taken by the respondent overnight but it was taken through the due process initiated in June, 2006 In this connection, the respondent filed affidavit which is uncontroverted. That for those students who have opted the South Campus and those who are unable to attend the classes in the North Campus as a result of the shifting of the part -time Advance Diploma in Russian alternative arrangement has been made for those students in various colleges as mentioned in para -10 of the written statement. Further, consequent upon shifting of the facilities from South Campus to Main Campus, the Department has already made an alternative arrangement of teaching facilities for the benefits of the students who earlier opted for South Campus Centre in which the classes are being conducted in the University maintained colleges. The name of the colleges are given in Para 10 of the written statement. The appellant never sought admission in the South Campus nor the option was available for the part -time Advance Diploma in Russian, he cannot now raise the dispute before the Forum.



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