First Appeal No. 321 of 1991. Case: Institution of Engineers (India), Calcutta and others Vs Anil Kumar and others. Punjab & Haryana High Court

Case Number:First Appeal No. 321 of 1991
Party Name:Institution of Engineers (India), Calcutta and others Vs Anil Kumar and others
Counsel:For Appellant: R.K. Chhibbar, Sr. Adv., A.K. Sil and Anand Chhibbar, Advs. and For Respondents: V.K. Bali, Sr. Adv. and Anil Khetarpal, Adv.
Judges:G.R. Majithia, J.
Issue:Constitution of India - Article 226; Code of Civil Procedure, 1908 - Sections 9, 24; Specific Relief Act - Section 34
Citation:AIR 1992 P&H 55
Judgement Date:March 19, 1991
Court:Punjab & Haryana High Court
 
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Judgment:

  1. This judgment disposes of R.F.A. No. 321 of 1991 (Institution of Engineers (India) and others v. Anil Kumar) and others and R.F.A. No. 322 of 1991 (Institution of Engineers (India) and others v. Mohinder Singh and others). The appeals were transferred from the files of Shri M. C. Aggarwal, Additional District Judge, Karnal to this Court.

  2. Suits bearing No. 795 of 1988 (Anil Kumar v. Institution of Engineers (India) and others) and No. 796 of 1968 (Mohinder Singh and others v. Institution of Engineers (India) and others) were filed in the Court of the Senior Subordinate Judge, Karnal. In these suits the decision of the Education, Examination and Accreditation Committee (for short, the EEA Committee) taken in its meeting held on April 8, 1988 by which it was proposed that the result of the winter 1987 Examination of the plaintiffs be cancelled and they be debarred from appearing in the coming three/five examinations of the Institution, respectively, was challenged. These suits were decreed by Shri J. B. Sharma, Senior Subordinate Judge, Karnal by judgment and decree dated June 8, 1990. The Institution feeling aggrieved against the judgment and decree passed in the suits filed appeals before the District Judge, Karnal, who assigned them to the Additional District Judge, Karnal, for disposal.

  3. During the pendency of the appeals, the Institution filed Transfer Petition (Civil) Nos. 569-572 of 1990 in the apex Court and the same were disposed of on December 12, 1990, with the following observations:--

    Heard Dr. Shankar Ghosh, learned senior counsel for the petitioners. The grievance of the Institution of Engineers (India) appears to be such which deserves examination under S. 24 of the Civil P. C. by the High Court. The transfer petitions are permitted to be with- drawn with liberty to the petitioners to approach the High Court for appropriate relief under S. 24 of the Civil P. C. However, as a stepnay we direct that further proceedings in the appeals and executions shall be stayed for a period of one month to enable the petitioners to approach the High Court. The petitions are dismissed as withdrawn.

    In the light of the observations made by the apex Court, the Institution filed Civil Misc. No. 550-C.II of 1991 and Civil Misc. No. 553-C.Il of 1991 in this Court on January 22, 1991 for the transfer of the aforesaid civil appeals pending in the Court of Shri M. C. Aggarwal, Additional District Judge, Karnal. These applications came up for motion hearing before me on January 23, 1991. With the consent of the parties, the following order was passed:--

    Learned counsel for the petitioners states at the Bar that it is not necessary to serve respondents Nos. 2 and 3 for the purpose of disposal of this application.

    Notice.

    Mr. Anil Khetarpal, Advocate, accepts notice on behalf of respondent No. 1. Without expressing think it proper to withdraw Appeal No. 2 of 1990 titled Institution of Engineers (India) v. Anil Kumar, from file of Mr. M. C. Aggarwal, Additional District Judge, Karnal and transfer the same on the file of this Court. Registrar (Judicial) is directed to summon the records of the appeal forthwith and post it for final hearing on 7-2-1991.

    In Civil Misc. No. 553-C.II of 1991, similar order was passed and Civii Appeal No. 3 of 1990 titled Institution of Engineers (India) v. Mohinder Singh Chandel was ordered to be withdrawn from the files of Mr. M. C. Aggarwal Additional District Judge, Karnal to the files of this Court. This is how these appeals were transferred on the files of this Court.

  4. The parties have been referred in the body of this judgment as these were described in the plaints. Briefly put, the facts of the cases are:--

    Defendant No. 1 is Institution of Engineers (India) incorporated under the Royal Charter issued by the King's Majesty in Council on August 13, 1935. Institution of Engineers (India) (hereinafter referred to as the Institution) has classes of companions, affiliated members, graduates, students and subscribers as its non-corporate members. The plaintiffs are non-corporate members of the Institution. They were granted studentship Associated Membership of the Institution of Engineers (hereinafter called 'A.M.I.E.'). The examination of A.M.I.E. consists of Sections 'A' and 'B'. The plaintiffs were enrolled as senior technicians. They appeared in winter 1987 Examination Section B of A.M.I.E. in 8 papers (except Anil Kumar, plaintiff, who appeared in 6 papers). On April 25, 1988, the plaintiffs received letters from the Director (E.E.A.) of the Institution informing them that they had used unfair means while answering question papers in the following subjects:--

    (a) Anil Kumar in paper Industrial Electronics.

    (b) Mohinder Singh in paper Water Resources Engineering and...

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