- (1.) A request has been made in the application signed and presented by Shri Shanti Bhushan, learned Senior Counsel, appearing on behalf of the third respondent in the above noted petition, for transfer of the writ petition which is being heard by a Division Bench of the Court considering of Hon'ble Mr. Justice Arun Tandon and Hon'ble Mr. Justice Arvind Kumar Mishra-I to another Bench. The application has been presented on the administrative side. In terms of the request which was made by the learned Senior Counsel that the application may be set down for hearing an opportunity has been granted to the learned Senior Counsel for being heard in support of the application as well as to all other learned Counsel appearing on behalf of the parties to the proceedings. In the writ proceedings which are pending before the Division Bench, the appointment of the third respondent to the Uttar Pradesh State Industrial Development Corporation Ltd. (U.P.S.I.D.C.) has been called into question. On 29th January, 2014, the Division Bench noted that the High School mark sheet together with a copy of the High School examination certificate was produced. Learned Standing Counsel was directed to produce the original cross list of the High School examination of 1976 with reference to the roll number, while the Counsel for Awadh University was directed to ensure the production of the cross list of the B. Tech examination for 1983. The hearing was posted to 5 February, 2014.
(2.) The proceedings came up before the Division Bench on 5 February, 2014 when the Court noted certain discrepancies between the cross list of the High school examination and the mark sheet. The petitioner was permitted to serve the third respondent by 7 February, 2014 and the hearing was directed to stand over to 10 February, 2014. On 13 February, 2014, appearance was entered on behalf of the third respondent by Mr. Shishir Prakash, Advocate who was to appear with Mr. R.B. Singhal, Senior Advocate. On 12 February, 2014, an application for transfer of the proceedings filed on behalf of the third respondent on the administrative side was placed before me. The following order of rejection was passed on 12 February 2014: The application is thoroughly improper and lacking in substance. Such uncalled for aspersions against the Bench must be deprecated. Rejected. Sd/- (Chief Justice) 12.2.2014
(3.) It is not in dispute that the third respondent then engaged a second set of Advocates. The Advocates withdrew their vakalatnama when the present set of Advocates was engaged. The third respondent filed a short counter-affidavit upon being served and specifically requested the Division Bench to summon certain additional records. The relevant part of the short counter-affidavit of the third respondent reads as follows: That in the facts and circumstances of the case in the interest of justice Hon'ble Court may be pleased to direct High School and Intermediate Board to produce order directing for enquiry relating to examinee bearing roll No. 511719 of High School Examination, 1976, copy of the letter-patrank; go-3-rkc/932 dated 30.7.1976, enquiry report submitted by the enquiry committee and order of the correction dated 25.8.1976 by letter go (2) 1128 before this Hon'ble Court and the District Inspector of Schools, Kanpur Nagar may also be directed to seize relevant record such as class 9th examination result of 1975 of Sri Gandhi Vidya Peeth Inter College, Ghatampur, Kanpur, the relevant scholar register, transfer certificate from book and the register maintained for relevant information relating to the students from Sri Gandhi Vidya Peeth Inter College, Ghatampur, Kanpur and produce the same in sealed cover before this Hon'ble Court.;