University says no record of Delhi Law Min’s law degree, Delhi HC appoints amicus.


Read here the complete details of the previous proceedings
Court Delhi High Court
Case Santosh Kumar Sharma v. Bar Council of India & Ors.
Case No. Writ Petition (Civil) N0. 1056 of 2015
Petitioner Santosh Kumar Sharma
Respondents
  • Respondent No. 1. Bar Council of India
  • Respondent No. 2: Bar Council of Delhi
  • Respondent No. 5. Jitendra Singh Tomar

download-order27 April 2015

Tilak Manjhi Bhagalpur University from where Tomar claims to have studied law, submitted to the Court its inquiry report. The affidavit, filed by the university’s Inspector of Colleges, pointed out that on perusal of the inquiry report and of the university records, it was found that the provisional certificate purportedly issued to Tomar was issued to one Sanjay Kumar Chaudhary for B.A. (honours) political science examination held in 1998.

The report read:

The provisional certificate bearing No. 3687 allegedly issued to Mr. Tomar… appears to be fabricated with an attempt to give a legal status to the issuance of his degree for allegedly [being] a student of VNS Institute of Legal Studies, Munger, which lost its affiliation from 1990… [The Hindu]

“It is respectfully submitted that on the basis of the enquiry report, and in the university records, the provisional certificate bearing serial number 3687 was issued on July 29, 1999 to Mr Sanjay Kumar Chaudhary for BA (Honours) Political Science examination held in 1998.

Accordingly, the provisional certificate in the name of the respondent no. 5 (Tomar), is fabricated document and does not exist in the records of the university. [Indian Express]

Indian Express reported that the Bar members of Delhi, who wanted to be impleaded as a party in the petition, informed the court that they have received information from Avadh University that Tomar’s graduation degree is allegedly “fake”. The court had also sought reply from the Dr Ram Manohar Lohia Avadh University (UP), from where the law minister said he had graduated in science.

Justice Rajiv Shakdher appointed Advocate Raj Shekhar Rao as amicus curiae in the case and also issued notice to petitioner Santosh Kumar Sharma who was absent in the Court, to be present on the next date of hearing. [The Hindu reports that advocate Chandrashekhar Singh has been appointed as an amicus curiae].

Court further asked Bar Council of India and Bar Council of Delhi (BCD) to file their reply affidavits. It also asked BCD to file its enquiry report against Tomar by August 20.

The above order has not yet been uploaded on the website of Delhi High Court.

Next Date: 2o August 2015


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