In compliance of the order dated 18.4.2014 and 8.5.2014 today Prof.M.A.Khan, Director General of Saroj Educational Group, Lucknow is present today in Court and filed an affidavit with an application for exemption of personal presence on the next date.
On 25.11.2013 the petition was finally disposed off and it was informed by counsel for the Gautam Budh Technical University, Lucknow, B.Tech.Final Year result was declared on 27.6.2012. The marks-sheets and certificates of students have already been sent to the Saroj Institute of Technology and Management which is affiliated with Gautam Budh Technical University, Lucknow but the same was not handed over, hence the direction was issued to the respondent nos.2 & 3 Principal/Director and Chairman/Manager of the Institute to ensure that the marks-sheet as well as certificate of the petitioner who appeared against the Role No.0612340056 be handed over to him within four weeks after furnishing certified copy of the order. Inspite of service of certified copy the marks-sheet and certificate were not supplied. Then an application was moved on behalf of the applicant/petitioner on 27.1.2014. On 19.2.2014 notice was issued to the respondent no.2 & 3. As per office report dated 26.2.2014 the notice was sent to the respondent nos.2 & 3 and as per office report dated 9.4.2013 neither acknowledgment nor undelivered cover was received back, hence there was presumption of service of notice. On 18.4.2014 the direction was issued to Superintendent of Police, Lucknow to ensure the presence of Principal/Director of the Institute. Since there was no compliance of order. On 18.5.2014, hence further order was passed and today an affidavit was filed and Director General of Saroj Educational Groups, Lucknow is present. Saroj Educational Group operates two institutes, in the name and style of Saroj Institute of Management and Technology, Lucknow and other in the name and style of Saroj Institute of Technology and Management, Lucknow.
When, the then Director, Coln.I.P.Singh left the institute, then the applicant was appointed as Director General.
According to affidavit admittedly the applicant was student of the institute of respondent no.2 & 3 and result was declared on 27.6.2012. After the order was passed by this Court on 25.11.2013 the direction was issued by the then Director Mr. I.P.Singh to the Registrar, Arun Kumar Yadav to comply the order dated 25.11.2013. One Manoranjan Sahu was custodian of the marks-sheet and certificate of the students of the Institute and he was responsible to distribute the marks-sheets. He left the institute without handing over charge to any of the employees of the institute. However, date has not been mentioned when he left the institute. Now today the present Director of the Institute brought the marks-sheet of the petitioner which was handed over by his counsel to counsel for the petitioner. However, even today certificate has not been provided on the ground that the same is not traceable and will be provided within a week. This shows callousness and indifferent attitude of those persons of the institute who were responsible for the custody and distribution of the marks-sheets and certificates. The institute was expected to hand over the certificate to the students at the earliest after deceleration of the result and preparation of the marks-sheet and certificate but, in the present case inspite of the order passed by this Court on 25.11.2013 admittedly certificate and marks-sheets were not handed over to the petitioner. The marks-sheet was handed over today to the counsel for the petitioner.
Counsel for the petitioner submitted that due to non supply of the certificate neither he could apply for job nor he could take admission to continue his higher study and hence he suffered loss and hence in view of the facts and circumstances he is entitled for a cost of Rs.25,000/- to be paid by the institute. In view of the fact the respondent nos.2 & 3 are directed to ensure the supply of certificate to the petitioner as well as a sum of Rs.25,000/- within two weeks from today failing which District Magistrate is directed to recover the same as arrears of land revenue and the same shall be handed over to the petitioner.
The Director General is free to take action against the guilty persons including the recovery of the amount of the cost from the salary of those guilty persons.
Accordingly the application dated 22.1.2014 filed on behalf of the petitioner on 27.1.2014, is hereby disposed off.
Order Date :- 20.5.2014 Rk