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Shashi Kumar Das Vs. State of Bihar and ors.

Shashi Kumar Das vs State of Bihar and ors.

Type Court Judgment Court Patna Decided Jun 21, 2004
~2 min read
https://sooperkanoon.com/case/123450

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Citation
Court
Patna High Court
Judge
Decided On
Case Number
CWJC No. 12565 of 2000
Subject
;Constitution

Case Summary

AI-generated summary - not the official court judgment text.

Migration Certificate from University - Issuance of--Direction to University to make request before Vigilance Department for return of relevant records specially pertaining to petitioner--On doing so the Cabinet Vigilance Department would hand over the relevant records to the University for needful--Migration certif...

Key legal issue
;Constitution

Parties & Advocates

Appellant / Petitioner

Shashi Kumar Das

Respondent

State of Bihar and ors.

Court's Analysis

Prior History
1. Heard learned counsel for the petitioner, learned counsel for respondent No. 3, B.N. Mandal University, and learned counsel for the Cabinet Vigilance Department, Government of Bihar, Patna.
2. The petitioner by this application prays for issuance of direction upon the respondent University to issue migration certificate to the petitioner.
3. It is submitted by learned counsel for the petitioner that the petitioner was a student of Purnea College, Purnea and he passed the M.A. (English) Exam

Excerpt

migration certificate from university - issuance of--direction to university to make request before vigilance department for return of relevant records specially pertaining to petitioner--on doing so the cabinet vigilance department would hand over the relevant records to the university for needful--migration certificate should be issued to the petitioner--application disposed of. - - .....he passed the m.a. (english) examination from that college in 1988- 90 session, but migration certificate is not being given by the respondent university.4. in paragraph 3 of the counter affidavit filed on behalf of the respondent university, it is stated that all the relevant records of the college and university have been seized by the cabinet vigilance department and unless those documents are released, the university is not in a position to issue migration certificate to the petitioner.5. mr. y.v. giri, learned counsel for the cabinet vigilance department, submits that the matter would be examined on request being made by the university for return of the records.6. considering the facts and circumstances of the case, the respondent university is directed to make a request before the vigilance department for return of the relevant records, specially pertaining to the petitioner and in case, it is so done the cabinet vigilance department will examine the matter on request being made by the respondent university and the xerox copies of all the relevant records will be handed over to the university and college for the heedful. this exercise, however, must be completed by the cabinet vigilance department within a period of four weeks from the date of request made by the university. no sooner the records will be made available to the authorised representative of the university, migration certificate should be issued to the petitioner by the university.7. with the direction/observation aforesaid, this application is disposed of.

Full Judgment

1. Heard learned counsel for the petitioner, learned counsel for respondent No. 3, B.N. Mandal University, and learned counsel for the Cabinet Vigilance Department, Government of Bihar, Patna.

2. The petitioner by this application prays for issuance of direction upon the respondent University to issue migration certificate to the petitioner.

3. It is submitted by learned counsel for the petitioner that the petitioner was a student of Purnea College, Purnea and he passed the M.A. (English) Examination from that college in 1988- 90 session, but migration certificate is not being given by the respondent University.

4. In paragraph 3 of the counter affidavit filed on behalf of the respondent university, it is stated that all the relevant records of the College and University have been seized by the Cabinet Vigilance Department and unless those documents are released, the University is not in a position to issue migration certificate to the petitioner.

5. Mr. Y.V. Giri, learned counsel for the Cabinet Vigilance Department, submits that the matter would be examined on request being made by the University for return of the records.

6. Considering the facts and circumstances of the case, the respondent University is directed to make a request before the Vigilance Department for return of the relevant records, specially pertaining to the petitioner and in case, it is so done the Cabinet Vigilance Department will examine the matter on request being made by the respondent University and the xerox copies of all the relevant records will be handed over to the University and College for the heedful. This exercise, however, must be completed by the Cabinet Vigilance Department within a period of four weeks from the date of request made by the University. No sooner the records will be made available to the authorised representative of the University, migration certificate should be issued to the petitioner by the University.

7. With the direction/observation aforesaid, this application is disposed of.

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