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2022 Supreme(All) 1158

DEVENDRA KUMAR UPADHYAYA, SAURABH SRIVASTAVA
Prin. /Chief Medical Superintendent Saraswati Medical College Unnao – Appellant
Versus
Mohammad Shakir Hussain – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Apoorva Tewari, Aditya Tewari
For the Respondent: Kapil Gupta, C.S.C.,Gyanendra Kumar Srivastava, Kshitij Mishra, Savitra Vardhan Singh

JUDGMENT :

1. Heard Sri Apoorva Tiwari and Sri Aditya Tiwari, learned counsel appearing for the appellant, Sri Akash Dixit, learned counsel representing the respondent no.1-petitioner, learned State counsel representing the State-respondent No. 2, Sri Kshitij Mishra, learned counsel representing the respondent no. 3, Sri Savitra Vardhan Singh, learned counsel representing the respondent no. 4 and Sri Gyanendra Srivastava, learned counsel representing the respondent no. 5.

2. This special appeal has been preferred challenging the judgment and order dated 13.09.2022 passed by the learned Single Judge, whereby Writ-C No. 5622 of 2022 filed by the respondent no. 1-petitioner therein has been allowed and the order dated 25.7.2022 passed by the appellant-Institution whereby respondent no. 1-petitioner was rusticated temporarily for a period of three months as intern in the Institution has been set aside. Learned Single Judge has also directed that the certificate which may be awarded to the respondent no. 1-petitioner on completion of internship shall not record that he was found guilty of ragging in the Institution.

3. Submission of the learned counsel for the appellants is that the findin

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