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2024 Supreme(Pat) 194

VIPUL M. PANCHOLI, RUDRA PRAKASH MISHRA
Kumar Chandan – Appellant
Versus
Indra Gandhi Institute of Medical Sciences, Shikhpura, Patna – Respondent


Advocates Appeared:
For the Appellants : M/s Y.V. Giri, Sr. Adv., Pranav Kumar, Shrishti Singh (in 318); S.D. Yadav, AAG-1, Sunil Kumar Singh (in 373).
For the I.G.I.M.S. : M/s S.D. Yadav, AAG-1, Sunil Kumar Singh (in 318).
For the Resp. No. 1 & 3 : M/s Santosh Kumar, Mithilesh Kumar, Kumari Ruchi, Utsav (in both).
For the Resp. No. 2 : M/s Y.V. Giri, Sr. Adv., Pranav Kumar, Shrishti Singh (in 373).
For the Resp. No. 3 & 4 : M/s Piyush Lal, Rajnikant Singh, Rakesh Kumar Singh, Manish Kumar (in both).
For the Resp. No. 5 : Mr. Bipin Bihari (in 318).

Vipul M. Pancholi, J. –

I.A. No. 9 of 2023

The present interlocutory application has been filed by the present respondent No. 4/original petitioner under Order XLI Rule 27 of the Code of Civil Procedure, 1908 with a prayer that he may be permitted to place on record the Letters Patent Appeal by way of additional evidence on record.

2. Heard learned counsel for the applicant/appellant/original respondent No. 4 and the learned counsel appearing for the present opponents and the original writ petitioner.

3. Learned counsel for the applicant submits that, as per the communication dated 28.11.2023, Dr. Kumar Chandan has not submitted his DNB Certificate in the college and he was appointed as a Lecturer on the basis of M.B.B.S. Degree. The said fact came to the notice of the present applicant after disposal of the petition and, therefore, the said documents be permitted to be brought on record. It is further submitted that the appellant Dr. Kumar Chandan has played fraud and from the document produced, it can be said that he has played fraud. Learned counsel, therefore, urged that the aforesaid two documents be considered.

4. On the other hand, learned counsel for the present opponents oppos

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