Delhi HC begins hearing in DU OBE Case. Single Bench of Hima Kohli, J. takes on record the affidavit filed by Delhi University.

The figures disclosed after the second mock test are rather more abysmal than the first one, remarks Justice Kohli

#DelhiUniversity #onlineeducation

Justice Datta informs the Court that students will now be permitted to download the question paper and upload their answer sheets as attachment to an email and submit it.

#DelhiUniversity

Justice Kohli inquires if students were provided this option in the Mock Test?

Datta informs that they were not.

What is the point of giving a Mock Test if the students are not given the opportunity to practice the actual examination facility?

Datta informs the Court that students will have both options: Submitting answer sheets via email/ or via DU portal

Court doesn't seem satisfied

Justice Kohli comes down on Advocate Sachin Datta for citing logistical issues in conducting the examination, says the Court's concern is welfare of students

#DelhiUniversity #onlineeducation

What happens to students who are able to download the question paper but are unable to upload all the answer sheets? What if they are unable to submit answer sheets to some subjects, Court asks

Datta informs that such students will be permitted to sit in the physical exam.

You are taking your own sweet time DU, while other Universities have wrapped up the exams: Justice Kohli

#DelhiUniversity

Sibal insists that students who take the examination online should also be permitted to sit in physical examination also, as students may be handicapped in such a new environment.

Justice Kohli is not convinced, points out that it will be a futile exercise.

Students who are not comfortable taking the online exam should not sit in the exam and should wait for the physical round, Justice Kohli suggests

Datta informs the Court that all the PwD students have been informed personally, via email, about the fresh arrangement of submitting the answer sheets.

Justice Kohli inquires if all students have been contacted.

A notification has been published on the DU website, tells Datta

J. Kohli asks DU to show email content that was sent to the PwD students

Datta says the email content is to be updated

All students, & not just PwD students, will have the option to sit for the physical exam, if there is any difficulty in submitting the answer sheets online

Sibal informs the Court that the Petitioner Prateek Sharma, a PwD student, has not received any email, as otherwise claimed by DU

Datta now says that email has been sent to 'visually impaired students'

Court comes down upon Datta

PwD doesn't mean visually impaired alone; Send an email to every student, it says

SK Rungta for appearing for students urges:

1. Students who ask for study material, they should be provided with the same, irrespective of whether the University feels that it has shared it in the past;

2. Students should be given assistive devices to PwD students

University never supplies assistive devices to students, @MSJEGOI may do so: Datta

Court asks if the Government will supply the devices.

Govt informs that DU had taken a stand previously that it will fund the devices

Justie Kohli refers to a previous order; Notes that DU had submitted that students may approach their respective colleges for assistive devices.

Datta makes a categorical submission that DU never provides assistive devices

Justice Kohli comes down on Datta for making a submission contrary to what has already been recorded in a judicial order.

DU will be the Nodal Authority to provide assistive devices/ study material to students: Justice Kohli remarks strongly

#DelhiUniversity #OBE

Clarifies that in cases where a student seeks assistive devices and University feels that a device has already been provided to him/ her, the device or its value shall be reimbursed to the University after the examination.

The rider is supported by Petitioner's counsel SK Rungta

Professor Aneja (permitted by the Court to make a submission for DU) objects to this arrangement, says the University does have any funds

Court asks Adv Rungta if he will buy assistive devices, instead of offering bank guarantee to DU?

Rungta agrees.

Around 100 students need assistive devices. I will get the device and will take it back; not give it to DU: Rungta

Reading material should be supplied by DU: Rungta

DU never provides reading material to students, its not a practice: Datta

You never had OBEs; these are extraordinary times: Court

Petitioners are being highly unreasonable: Datta

We never had a pandemic: Court

Datta: We only stipulate syllabi; we never provide material; material is arranged by students. The syllabi can be accessed through different sources, there are 25K books.

Court: 25K books constitute syllabi? We will record this submission

Sibal: Pls take this on record

They are reference books; we never prescribe books: DU

Sibal: I have the syllabi; I have the list of books they recommend and prescribe.

Court: Place it on record

*Sibal puts DU's prescribed/ recommended books on screen*

It is unfortunate that a counsel on record is making false statements before the Court: Sibal

These books are available online. We don't have a repository: Dutta

Court: You said there are 25k books in NGO library

We can't make a commitment: Dutta

They are asking students to search through 25K books: Rungta

We don't have time to arrange material for students; I can't commit if I don;t have any material: Datta

It is not possible that you don't have any material: Justice Subramonium Prasad

DU will provide at least one prescribed book to every student. This is an order. You have to comply: Justice Kohli

Court proceeds to dictate its order

A comparison between the participation and performance data of the first and second mock tests show that students are not prepared for #OBE : Justice Kohli records in her order

#DelhiUniversity

OBE is to commence from August 10; DU is directed to inform all students regarding the two options for submission of answer sheets, by tomorrow evening: Court orders

If students are unable to submit any or all of their answer sheets, they will be allowed to sit for the physical exam;

If students successfully submit their answer sheets, they will not be permitted to re-appear in physical exam; they may take supplementary exams: Court records

DU has been instructed to inform court regarding issuance of Digital Certificates to students after conducting OBE

DU will make available at least 2 reading material/ books of each of each paper to visually impaired students within three weeks of receiving a request: Court records

If the students sit in OBE and wish to take admission to PG courses at DU, they shall be granted provisional admission: Court records DU's submission

#DelhiUniversity to inform on the next date of hearing that by when they will declare results for OBE

Adv Rungta urges that results of OBE and physical exams be declared together

Court declines the request

Rungta: Grading will be affected if results are declared separately

Court: We can't make the OBE students to wait for students who wish to take physical exams. This request can't be entertained

Hearing adjourned.

Matter to be next heard on August 17.

#DelhiUniversity #OBE