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Assignment For The Certificate Course

Mr. Sai Deepak, a law student, was not promoted to the next academic year by the Head of the Department, Mr. Shiv Kumar, without being given a chance to represent himself. Mr. Sai Deepak then discovered that Mr. Shiv Kumar did not meet the qualifications to be Head of the Department as required by university rules. Mr. Sai Deepak now wants to challenge both the order denying his promotion and Mr. Shiv Kumar's appointment as Head of the Department. He has approached you as his counsel to draft the appropriate petitions to file in court.

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77 views4 pages

Assignment For The Certificate Course

Mr. Sai Deepak, a law student, was not promoted to the next academic year by the Head of the Department, Mr. Shiv Kumar, without being given a chance to represent himself. Mr. Sai Deepak then discovered that Mr. Shiv Kumar did not meet the qualifications to be Head of the Department as required by university rules. Mr. Sai Deepak now wants to challenge both the order denying his promotion and Mr. Shiv Kumar's appointment as Head of the Department. He has approached you as his counsel to draft the appropriate petitions to file in court.

Uploaded by

Dhwaja
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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PROBLEM FOR THE CERTIFICATE COURSE

FACTS

1. The University of Excellence situated in Delhi is one of the premier

law universities of the Country. It was established on 01.02.1962 under

a Delhi Government Act i.e. the Universities Act, whereby the entire

funding of the university should be made by the Delhi Government and

the Central Government on an equal basis.

2, The Head of the Department is one Mr. Shiv Kumar, who was

appointed in the University on 06.08.1992 as a Lecturer and is now

heading the entire department. The appointment letter of Mr. Shiv

Kumar issued on 06.08.1992 specifically stated that he should abide by

the University Rules at all times. The appointment letter mentioned

certain conditions one of which i.e. Term 1.1 stated that the Mr. Shiv

Kumar would give an undertaking that he would never challenge any

action of the University on the grounds that his fundamental rights have

been infringed.
3. Subsequently, Mr. Shiv Kumar gave an undertaking on 09.08.1992 that

he would never challenge any action of the University on the grounds

that his fundamental rights have been infringed. On 15.03.2020, Mr.

Shiv Kumar called one of the students to his chambers, one Mr. Sai

Deepak, and told him that he would not be promoting Mr. Sai Deepak

to the next year as he has heard some rumors that Mr. Sai Deepak has

been badmouthing him behind his back. So, by an order dated

15.03.2020, Mr. Sai Deepak was not promoted to the next year for the

reason that he had badmouthed the Head of the Department. Mr. Sai

Deepak contended that he was not even given a chance to represent

himself, but he was not heard.

4. Hearing this, Mr. Sai Deepak got agitated and a verbal spat took place

between him and Mr. Shiv Kumar. Mr. had gone to the library and

suddenly he started thinking about the appointment of Mr. Shiv Kumar

as Head of the Department. He visited the Universities website and saw

the Rules under which Mr. Shiv Kumar was appointed as Head of the

Department.
5. Rule 3.4 of the University Rules of Appointment dated 24.03.1962

stated that a head of a department for law can only be appointed if he

has double PHD’s in the stream of law. Mr. Sai Deepak came to know

that Mr. Shiv Kumar has only one PHD degree in his name.

6. Now, Mr. Sai Deepak has approached you as a Counsel. He wants you

to file two cases, i.e. against the order dated 08.02.2020, whereby he

was not allowed to be promoted and challenge the appointment of Mr.

Shiv Kumar as the HOD of the Law Department.

You are required to draft the appropriate Petitions either before the Hon’ble

High Court or the Hon’ble Supreme Court. The relevant draft should contain

only the following things:-

(A). Memo of Parties with empty space being left for addresses or you can

make imaginary addresses.

(B). List of dates alongwith the synopsis

(C) Petition along with the affidavit


(D). and an Index specifying only the things mentioned hereinabove but

would not contain other things which are usually required. The things

mentioned must be in a chorological order

(E). The participants would put their own name as the Advocate and

imaginary addresses.

The draft should be submitted within a period of 7 days from the date

on which they have received the same. The students would themselves

decide what sort of remedy would they be going for and to draft the

Petition it accordingly. Only those students who would submit the draft

within the specified time and fulfilling the basic requirements of a draft

would get the Certificate of Participation.

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