Dibya And Others vs State Of Himachal Pradesh And Others

Tarlok Singh Chauhan, J

The instant petition has been filed for grant of following reliefs:-

“i) That the Respondents No.2 to 5 may kindly be directed to return the original educational certificates and other documents retained by them to

the petitioners forthwith.

ii) That the Respondent No.2 to 5 may kindly be directed to pay an amount of Rs.5 Lakhs as damages to each of the petitioners for illegally retaining

their original educational certificates and other documents.

iii) That the Respondent No.2 to 5 may kindly be directed to pay the litigation cost for compelling the petitioners to approach this Hon’ble Court.â€​

Similar issue has already been considered and decided by this Court in CWP No.1679 of 2020, whereby it not only allowed the petition, but also

imposed costs of Rs.50,000/- and also directed the respondents to pay a sum of Rs.50,000/- to each of the petitioner towards litigation expenses.

For the reasons stated, which shall be read as mutatis mutandis in the present case, the present petition is allowed and the CBI (Central Bureau of

Investigation) is directed to return the original documents to the students after retaining photocopies thereof, subject to the condition that the petitioners

and other students shall produce the original documents before the competent Authority as well as CBI as and when required. Furthermore,

respondents No.3 to 5 are directed to pay a sum of Rs.50,000/- to each of the petitioner towards litigation expenses.

As regards award of compensation, the same has to be awarded on the basis of evidence. Therefore, we leave it open to the petitioners to bring the

same before an appropriate Authority/Court etc. in accordance with law.

The present petition stands disposed in the above terms, so also the pending miscellaneous application(s), if any.