The Supreme Court on Monday dismissed the petition of Delhi University teachers against introduction of semester system and said only the President, who is the Chancellor of the University, could take appropriate decision on the issue.
“The Chancellor will take cognisance…. If the Chancellor is satisfied, the Chancellor can overrule all the orders,” a bench of Justices G.S. Singhvi and C.K. Prasad said.
The bench stated this to Jayant Bhushan, counsel for the teachers after he submitted that not only the teachers were opposed to introduction of semester system but nearly 3,000 students had submitted a memorandum to the vice-chancellor as the curriculum for many streams has not yet been finalised.
In response to his argument, the bench put a specific query as who is the Chancellor of the university and when Bhushan said that the President is the ex-officio Chancellor, the top court said: “Why you want us to do this when Chancellor is seized of the matter.”
The top court also took serious view of the teachers using “harsh language” against the Delhi high court, which earlier had rejected their plea, and HRD minister Kapil Sibal in their petition.
At one point, the apex court said if certain allegations were made against the HRD minister, then the court would have to make the ministry a party to enable it to respond to the allegations.
The apex court took serious note of the teachers rushing to the apex court when the Delhi high court had not given a final verdict but only passed an interim order, asking the teachers to not resort to any agitation on the issue and go and take their classes.
“Though they (teachers) are entitled to their views. They are entitled to challenge the HC order but the matter is still pending in the HC,” the bench said adding it has not been still adjudicated finally.
Disapproving the agitational approach of teachers on the issue, the bench said “at one point of time you take recourse to the writ petition in the court and at another point you are resorting to strike” apparently telling them that both could not go side by side.
“The language used in the petition is very harsh. You have even made sweeping observations against the High Court order… there is vice-chancellor and Chancellor, who are bound to take cognisance of the representation made by 3,000 students as you say,” the bench told Bhushan.
The bench even questioned the merit of teachers’ argument citing the number of 3,000 students opposing the semester system while comparing it with the total strength of the students, which the court said could be around 70,000.