JUDGEMENT
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(1.) All these tagged matters, for admission, arise out of a judgment passed by the learned Single Judge on 27.1.2014 and as such they are being decided by this common order.
In Special Appeal (Writ) No.708/2014, an application (288/2014) has also been filed u/s 5 of the Limitation Act as the office has pointed out that it is time barred by 14 days.
Keeping in view the contents of the application which is supported by an affidavit of the appellant, and the period for which the appeal is time barred, we deem it proper to allow the application. Hence the appeal has also been heard along with the tagged appeals.
(2.) The learned Single Judge has, as a matter of fact, disposed of the writ petitions with the following directions :
"(i) The respondents are directed to get report from any of the following agencies which are as under :
(a) Central Forensic Science Laboratory, (CBI), New Delhi.
(b) Forensic Science Laboratory, Government of National Capital Territory of Delhi, Sector 14, Rohini, Delhi 110085.
(c) Central Forensic Science Laboratory Osmania Institutional Area, Hyderabad.
To seek report regarding allegation of cheating by impersonation, the entire material would be sent by the respondent-University to any of the agencies named above and to have proper monitoring and coordination, the IG, Crime Bureau, Rajasthan, Jaipur is directed to act as a Co-ordinator for the aforesaid purpose. If the record exist in the court or elsewhere, it lmay be obtained.
(ii) The respondent-Rajasthan University of Health Sciences will co-operate with I.G., Crime Bureau, Rajasthan, Jaipur to get report at the earliest. The report may be submitted by the agency to whom it is assigned, within a period of three months from the date of receipt of the material/documents. The agency to whom work is assigned will examine the material and give its independent report after examining thumb impression, signature and hand writing of the petitioners to record their finding as to whether they indulge in cheating by impersonation or not.
(iii) If report comes adverse to the petitioners then impugned order would become effective and thereby admission would be treated as cancelled. If report comes favourable then impugned order would have no effect rather to be treated as set aside.
(iv) The respondent-University is directed to send copy of the inquiry report of P.K. Singh committee to the Forensic Science Laboratory concerned to see the areas of examination however it would not mean that inquiry report should be relied. The P.K. Singh committee report would be given only for their convenience to find out the areas of examination."
(3.) In other words, the respondents are directed to get report from any of the agencies, mentioned therein, with regard to the allegations of cheating by impersonation. The entire material is to be sent by the respondent-University to the agency and for the purpose of monitoring and coordination, the IG, Crime Bureau, Rajasthan has been directed to act as a Co-ordinator. He is to obtain the report if the same exists in the court or elsewhere. The agency has been granted the period of three months to submit the report. The agency to whom the work is assigned is to examine the material and give its independent report after examining thumb impression, signatures and hand writing of the petitioners to record the finding as to whether they had indulged in cheating by impersonation or not. It has also been made clear that if the report is adverse to the petitioners, then the impugned order passed by the University would become effective and the admission of the petitioners would be cancelled. But if the report is favourable to the petitioners then the impugned order passed by the University would have no effect and it shall be treated as having been set aside. A copy of the report of P.K. Singh Committee is to be sent to the FSL concern with regard to the areas of examination but it has been made clear that it does not mean that the inquiry report of P.K. Singh Committee should be relied upon. The said report is given only for the convenience of the agency concern so as to find out the areas of the examination.;
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