Punjab & Haryana HC Issues Bailable Warrants Against Sikkim HRD Secy Over Failure To Produce Records For Verifying Law Student's Degree

Update: 2024-12-11 12:00 GMT
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The Punjab & Haryana High Court has summoned the Secretary of Sikkim's Human Resource Development (HRD) Department and Registrar of Eastern Institute for Integrated Learning in Management (EIILM) University, Sikkim over non-compliance with its direction to remain present with University records.

The plea was filed challenging the decision of Bar Council of India to reject law graduate's application of enrolment with the finding that his Bachelors degree from Sikkim's EIILM University is fake. Later, it was allegedly found that the University was not recognised by UGC.

The Court noted that the representative of Secretary of Sikkim's HRD Department failed to appear despite repeated summons and publication in newspaper.

Justice Sureshwar Thakur and Sudeepti Sharma said, "this Court for ensuring that the entire lis become settled through the apposite productions before this Court by the custodian sitting in the Secretariat of the Sikkim Government, therebys, this Court issues bailable warrants for ensuring the presence of co-respondents No.5 and 6 before this Court."

The Court directed the Additional Chief Secretary, Sikkim to ensure the execution of the said bailable warrants and the production of the respondents on or before the next date of hearing.

Considering that the entire matter revolves around verification of the fact that whether the degree is fake or not since on the basis of graduation degree the petitioner also completed his three year LLB from Panjab University, the Court said "justice would not be met to yet make an order directing that the said respondents be proceeded against ex parte."

The bench noted that, "the entire falcrum of the lis rests upon the production of the records appertaining to the instant matter, by the custodian thereof, thus, sitting in the Secretariat of the Sikkim Government."

The Court highlighted that the Secretary and Registrar failed to record appearances through an authorized agents, despite printing of a notice in a daily news paper.

While listing the matter for January 27, the Court directed the Additional Chief Secretary of Sikkim to  "ensure that officer/official concerned, shall bring all the relevant records under his supervision, as relate to the instant matter."

Mr. Harlove Singh Rajput, Advocate and Mr. Jashandeep Singh Bains, Advocate for the petitioner.

Mr.Rajesh Gaur, Advocate for Mr. R.K. Hooda, Advocate for respondent No.1-BCI.

Mr. Dheeraj Jain, Sr. Panel Counsel with

Mr. Sahil Garg, Advocate for respondent No.3-UOI.

Mr. Akshay Kumar Goel, Advocate for respondent No.4-Punjab University.

Mr. Salil Sabhlok, Advocate for respondent No.7-UGC.

Title: ZORAWAR AMARPREET SINGH VS. BAR COUNCIL OF INDIA AND OTHERS

Click here to read/download the order

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