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This is an archive article published on May 13, 2011

Not for contempt charge against DU teachers: HC

Placing emphasis on the respect teachers hold as a community,the Delhi High Court on Thursday expressed its unwillingness to pull up Delhi University (DU) staffers for contempt of court.

Court unwilling to take action on account of respect teachers hold in society

Placing emphasis on the respect teachers hold as a community,the Delhi High Court on Thursday expressed its unwillingness to pull up Delhi University (DU) staffers for contempt of court. The teachers are charged with opposing implementation of the semester system despite a court order.

“We don’t want to press contempt of court charges against the teachers. It is a community we (judges) respect the most,and are hence disinclined to do so. Let the contempt charges go,” a Division Bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna said.

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The Bench made this observation even as it reserved its judgment on an application from the Delhi University (DU),seeking initiation of contempt-of-court proceedings against a section of university teachers. The application,moved through Additional Solicitor General Parag G Tripathi and advocate M J S Rupal,contended that teachers of Dyal Singh College were liable to be hauled up for contempt of court as they had tried to stall the implementation of the semester system despite a court order.

The college,according to the application,refused to furnish details on the eligibility criteria for the university unless the issue of implementation of semester system was resolved. The criteria,which were supposed to be sent to the university by May 9,were not sent on the grounds that the matter was pending in the High Court.

After hearing the arguments,the court expressed its unwillingness to initiate the contempt action and said it will pass a formal judgment on the DU’s plea next week.

Meanwhile,advocate Prashant Bhushan,appearing for the Delhi University Teachers’ Association (DUTA),contended that the semester system was not in the best interests of the students and it could “destroy” their creative acumen. “The court must also appreciate that there was a complete breach of procedural requirements in implementing the semester system,and the views of the teachers were blatantly and unreasonably ignored,” the lawyer argued.

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The Bench also provided teachers with an opportunity to present themselves in the courtroom to put across their arguments. Professors from Miranda House,Kamla Nehru and St Stephen’s College opposed semesterisation,claiming that it would affect the quality of the syllabi and the students would have to be rushed into completing the course.

Justice Khanna,however,cited the example of the Law Faculty of the University,from where he studied LLB,and said that the semester system has always worked well there. “We have to decide whether the system is in interests of the students and,moreover,whether due procedure was followed in implementing it. We will decide the legal issues,but it must be acknowledged by the teachers as well that the DU is equally concerned about the students. Hence,despite all the internal issues,the university as well as the teachers must work together in this regard,” said Justice Khanna.

However,the judge clarified that the court will not take it lightly if the teachers deliberately stalled the steps taken by the Course Curriculum Committee. The DU,during the hearing,held that a small group of teachers had no right to sabotage the entire system.

On the issue of deciding the validity of the semester system,the court said it will hear the matter in July and may pass the verdict by July 15.

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