Mahatma Gandhi Homeopathy College vs. Union Of India

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

CONMT.PET.(C) No. 1075/2023 in SLP(C) No. 4799/2022

NAMINATH HOMEOPATHIC MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE Petitioner(s)

VERSUS

A.K. SINGH & ORS. Respondent(s)

(FOR ADMISSION and IA No.127254/2023-EXEMPTION FROM FILING O.T. )

Date : 20-10-2023 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE ARAVIND KUMAR HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

For Petitioner(s)

Mr. D.S. Naidu, Sr. Adv. Mr. Animesh Kumar, Adv. Mr. Nishant Kumar, Adv. Ms. Aparajita, Adv. Ms. Harshita Sinha, Adv. Mr. Ayush Kumar, Adv. Mr. Nishant Kumar, AOR

For Respondent(s) Mr. Sarvan Kumar, Adv. Mr. Sawan Kumar Shukla, Adv. Mr. Ranjay Kumar Dubey, AOR

UPON hearing the counsel the Court made the following O R D E R

1. Prima facie we find that the conduct of the University in not permitting the students of the petitioner Institute to appear in the examination is in contempt of the orders passed by this Court on 15th May 2023 as well as 7th July 2023. Not only that but the averments made in the counter affidavit drafted by Mr. Sarvan Kumar, Advocate and signed by Mr. Ranjay Kumar Dubey, Advocate on Record are also contemptuous in nature.

2. As held by this Court in M.Y. Shareef and Another v. The Hon'ble Judges of the High Cout of Nagpur and Others, (1955) 1 SCC 757, the lawyer who subscribes his/her signatures to contemptuous Digitally signed by Narendra Prasad Date: 2023.10.21 14:43:00 IST Reason: Signature Not Verified

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pleadings is equally guilty of contempt.

3. We could have taken a serious view of this matter. However, we are giving one more opportunity to the respondent to purge the contempt.

4. Learned counsel for the University shall make a statement on the next date as to whether the University is willing to hold a special examination for the students of the petitioner Institute. 5. List on 31.10.2023.

(NARENDRA PRASAD) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)