Rajasthan High Court - Jodhpur
Yashpal Arya vs The Registrar, Cooperative ... on 21 October, 2021
Bench: Pushpendra Singh Bhati
(1 of 3) [CW-14058/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14058/2021
1. Yashpal Arya S/o Shankar Lal Arya, Aged About 46 Years,
R/o 66, Rajeev Nagar, Paota C Road, Jodhpur.
2. Karni Singh Jodha S/o Nathoo Singh Jodha, Aged About
51 Years, R/o 167, Shikshka Colony, Chopasani, Jodhpur.
3. Anita Chandak W/o Indra Chandra Chandak, Aged About
41 Years, R/o Kaarani Nagar, Kuri, Jodhpur.
4. Sharad Tripathi S/o Brij Mohan Tripathi, Aged About 40
Years, R/o 15Th, Surya Nagar, Outside Mahamandir 3Rd
Pole, Jodhpur.
----Petitioners
Versus
1. The Registrar, Cooperative Societies, Rajasthan, Nehru
Sahkar Bhawan, Jaipur.
2. The Managing Director, The Jodhpur Central Co-Operative
Bank Limited, Manji Ka Hatha, Paota, Jodhpur.
3. The Chairman, Jodhpur Central Co-Operative Bank
Limited, Manji Ka Hatha, Paota, Jodhpur.
4. Directorate Of Distance Education, I.k. Gujral Punjab
Technical University, Erstwhile Punjab Technical
University, Jalandhar Kapurthala Highway, Vpo, Ibban,
Punjab 144603.
----Respondents
For Petitioner(s) : Mr. Vikas Balia
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
21/10/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
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Learned counsel for the petitioners has shown the order
passed by the Division Bench of this Hon'ble Court at Jaipur Bench
in Mukesh Kumar Mitharwal & Ors. Vs. Rajasthan Co-
operative Department & Ors. (D.B. Special Appeal Writ
No.22/2020) on 02.12.2020, which reads as follows:
"1.Heard the learned counsels for the parties.
2.The learned counsel appearing for I.K. Gujral Punjab
Technical University, Kapurthala, Punjab brought to
our notice that an affidavit has been filed in the
present appeal on behalf of respondent No.4 and in
paragraph 3 it has been stated as under:
The stand of the answering respondent IKG
Punjab Technical University is that all the
Distance Education Programmes for a period
of 3 academic years w.e.f. 2009-10 to
2011-12 are perfectly valid and degrees
awarded for these Sessions are recognized
by the University as well as by the UGC-
AICTE-DEC.
3.In view of the aforesaid submissions on behalf of the
University, the prima facie allegations against the
appellants that the degrees obtained by them were
outcome of forgery appears to be not born out.
4.In view thereof, further proceedings of inquiry are
stayed till disposal of the writ petition before the
Learned Single Judge.
5.The appeal is accordingly allowed."
Learned counsel for the petitioners further submits that the
petitioner are also having their qualification from I.K. Gujral
Punjab Technical University, Kapurthala, Punjab on a similar
pedestal as their admission was of March, 2012.
Learned counsel for the petitioners also demonstrated from
the judgment rendered by the Hon'ble Punjab & Haryana High
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Court in Writ Petition No.11049/2017, in which, the cut-off date
for valid courses in such university is 01.11.2012.
Issue notice to the respondents, returnable within a period of
four weeks.
In the meanwhile, the respondents shall not take any
coercive action against the present petitioners in lieu of the
enquiry report dated 09.01.2020 (Annex.20) and charge-sheet
dated 13.07.2020 (Annex.21).
(DR.PUSHPENDRA SINGH BHATI),J.
78-Zeeshan
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