UNION OF INDIA Vs. BRAJESH YADAV

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna raises a grievance with respect to the order dated 20.9.2005, passed by a learned Single Judge of this Court in CWJC No. 10328 of 2002 (Brajesh Yadav & Anr. vs. The Union of India & Ors.), whereby the writ petition preferred by the two respondents herein, has been allowed and the appellants herein have been directed to issue the original certificates of the diploma course undertaken by them.

(2.) A brief statement of facts essential for disposal of the appeal may be indicated. Respondent No. 1 herein was admitted to the Vocational Fitter and Electronics Training course under the Craftsman Training Scheme of the Govt. of India at B.K. Institute of Technology, Patna, entirely run by the State Government. Respondent No. 1 herein belonged to 1994- 1996 batch, and had appeared at the examination held in the month of July, 1997 Respondent No. 2 herein belonged to 1990- 1992 batch, and had appeared at the examination held in July, 1992. Both were successful in their respective examinations the authorities issued provisional certificates to them, but the original certificates have been withheld leading to CWJC No. 10328 of 2002, which has been allowed by the learned Single Judge.

(3.) IN the result, the appeal is dismissed with costs quantified at Rs.10 (ten) lacs which shall be paid to respondent no. 2 within a period of two months from today, failing which it will carry interest at the rate of 9% irom today till the date of payment. The same shall be shared by the Union of INdia and the Bihar Government in equal measure.