Mandeep Sharma and Others vs Dr. Ashutosh Narula

M.M.S. Bedi, J.—Aggrieved by the inaction of the respondents to release Diploma certificates to the petitioners, a writ petition was filed. Vide order dated December 20, 2012, a direction was issued that claim of the petitioners as put-forth in the representation dated December 3, 2012 and on December 11, 2012 be decided by passing appropriate orders. Counsel for the respondents has submitted that the requisite certificates have already been issued to the petitioners on May 15, 2013.

Counsel for the petitioners submits that there is apparently an act of contempt of Court committed by the respondents as there is unexplained delay.

Respondent No. 1 present in the Court explains that the requisite recognition of the College for the seats of the petitioners was obtained only on April 11, 2013 from Dental Council of India as such there is no willful disobedience of the order.

I have considered the facts and circumstances of the case and I am of the opinion that apparently there is no willful disobedience of the order passed by this Court on December 20, 2012 but in view of the fact that for a course of Dental Hygienist for Session 2008-2010, the requisite diploma certificates have been issued after a lapse of three years causing implied prejudices to the petitioner for which the petitioners are not at fault. It is the dental College of respondents who was required to ensure that necessary sanction and approvals from concerned council are obtained in time.

Without entering into the detailed reasons for the delay, I deem it appropriate to dispose of this petition as having been rendered infructuous granting costs of Rs. 7000/- each to the petitioners to be paid by the College. Cost be paid within a period of one month. Disposed of with the above directions.