ARUNA KUMAR vs UNION OF INDIA & ORS.
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9688/2023
ARUNA KUMAR ….. Petitioner
Through: Mr. Anubhav Gupta, Adv
versus
UNION OF INDIA & ORS. ….. Respondents
Through: Ms. Sarika Singh, Adv for R-
1/UOI
Mr. Ankur Chhibber and Mr. Nikunj Arora,
Advs. for R-2
Ms. Rashmi Singhania, Adv for R-3
CORAM:
HON’BLE MR. JUSTICE C.HARI SHANKAR
O R D E R ( O R A L )
% 02.04.2024
1. The prayer clause in this writ petition reads thus :
(a) Respondent No.2 College to upload the minutes of the meetings of the governing body on the official college website in compliance of notification dated 12.08.2022 issued by Respondent No.3 University.
(b) Respondent No.2 College to provide a copy of the minutes of the meetings of the governing body from 01.04.2012 onwards to the Petitioner.
2. Prayer (a) in this writ petition is for a direction to the Respondent 2 College to upload the minutes of the meetings of the Governing Body (GB) on its website in compliance with the Circular dated 12 August 2022 issued by the Delhi University (DU). The Circular dated 12 August 2022 specifically directs in paras 3 and 4 thus :
3. The Principal(s)/Director(s) of the Colleges/Institutions are requested to ensure that henceforth all the minutes of the Governing Body/Managing Committee are put on view on the respective website of the Colleges/ Institutions positively.
4. Kindly ensure that the above directives of the University are complied with.
3. It is ex facie apparent from para 3 of the Circular dated 12 August 2022 that it is prospective in terms. It requires the Colleges to henceforth upload the minutes of the Governing Body / Managing Committee on the website of the Colleges.
4. Mr Nikunj Arora, who appears for the Respondent College, submits that minutes of all the meetings of the Governing Body of the Respondent College after 12 August 2022 stand duly uploaded on the website of the College. He also undertakes on instructions that, henceforth, as and when any meeting is held and confirmed, the minutes of the meeting would be uploaded on the website of the College forthwith.
5. Mr. Anubhav Gupta, learned counsel for the petitioner, sought to submit that, apart from the minutes of the meetings, certain other documents are also required to be uploaded. There is no such prayer in the petition. Prayer (a) is specifically for a direction to the College to upload the minutes of the meetings. Moreover, the prayer has been made in the context of the Circular dated 12 August 2022, which is also only for uploading the minutes of the meetings and no other document.
6. Prayer (a) in the petition accordingly stands satisfied.
7. In so far as prayer (b) is concerned, the relief sought in this prayer cannot emanate from the Circular dated 12 August 2022 as it is expressly prospective, as has already been noted. The right to seek information for the period prior to 12 August 2022 can only be available to the petitioner, therefore, under the Right to Information Act, 2005 (RTI Act). It appears that the petitioner has in fact invoked the RTI Act in that regard and certain orders have also been passed.
8. In any event, that cannot form subject matter of consideration by this Bench in this case. The petitioners remedies in that regard as available under the RTI Act have already been invoked by the petitioner and the petitioner would be free to pursue the said remedies in accordance with law.
9. The grievance in this writ petition therefore stands redressed.
10. The writ petition is accordingly disposed of.
C.HARI SHANKAR, J
APRIL 2, 2024/yg
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WP(C) 9688/2023 Page 3 of 3