- (1.) THIS order disposes of the appeal filed by the University of Agra against a judgment and order of an Hon'ble Single Judge dated the 8th of December, 2005, alongwith two other applications of theirs. The judgment was passed by Hon'ble Mr. Justice Vineet Saran.
(2.) BY two orders passed in two appeals, both dated the 2nd of February, 2006, one of which appeals was filed by the State of U. P. and the other by a social worker Ravi Prakash, we affirmed the said order of Hon'ble Single Judge and dismissed the two appeals. The University has now preferred their appeal, slightly late, from the very same order and has obtained condonation of delay. They have also made two applications, for recall of our two earlier orders so that there is no problem of conflicting of decisions. The main ground taken by the University is that we should now allow their appeal and set-aside the same order which we had earlier affirmed, because according to them, several important materials were suppressed from us and if those had been brought on record there would be no way but to allow the appeals.
(3.) ALTHOUGH in form we are only disposing of a third appeal from same judgment, the nature of the disposal is in the nature of the disposal of a review application. Fresh materials are brought on record and a fresh and different decision is asked for on the basis thereof. Before we consider the submissions of the University and the allegations of suppression and fraud practised on Court, we should mention that the State Government has already preferred an S. L. P. from one of our dismissal orders dated 2-2-2006. Strange though it might seen we came to know of such filing from Mr. Singh who was representing the Medical College in question. The State Counsel has no information about the S. L. P. We fully relied on and accept what has been said by State Counsel and there has been a communication gap. In any event there is no reason why we should not dispose of the matter which has been argued before us today.;