Decided on August 09,2007

Neterpal Singh Appellant
Neelendra Kumar, Jag And Anr Respondents


- (1.) After detailed hearing five queries were formulated by the Bench comprising T.S.Thakur and S.N.Aggarwal, JJ by Orders dated 23.2.2007 which read as under:- 1. When did respondent No.1 join the L.L.B. degree course and in which law college affiliated to which university. 2. Was any permission required under the standing army instructions or orders for his joining the course and if so, was any permission applied for taken by him. 3. Did he join as a regular student in the day or evening course offered by the college and in case he was a regular student whether he attended classes on a regular basis. 4. Where was he posted during the time he remained on the roll of the law college. 5. Did he complete the course in the college without taking leave or did he apply for grant of any leave for completion.
(2.) So far as the first query is concerned it has been disclosed by the Respondents that Respondent No.1 had joined the L.L.B.Degree Course in Jai Narayan Degree College, Lucknow affiliated to the Lucknow University. On this question no further controversy remains.
(3.) In response to the second query our attention has been drawn to Annexures A to F of the Additional Affidavit of Respondent No.1 sworn on 7.8.2008 of which a copy was served on the Petitioner's learned counsel on that very day. These disclose that the Respondent No.1 had duly applied for permission to pursue LLB study for each of three years. Permission had been granted by the Brigadier Artillery by Order dated 24.12.1979, in respect of the second year. Respondent No.1 has stated on oath that permission had been granted for First year as well as Third year L.L.B. Course but those documents are not available with him. So far as the Union of India is concerned it has stated that it does not have the relevant records in its possession at present. We have no reason to believe that permission had been declined to Respondent No.1 for pursuing his L.L.B. Studies.;

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