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IN THE HIGH COURT OF SIKKIM AT GANGTOK, EAST SIKKIM

(CIVIL EXTRA ORDINARY JURISDICTION)

I.A NO. 1 OF 2021

IN

W.A NO. 01 OF 2021

To,

The Hon’ble Shri Justice, Jitendra Kumar Maheshwari, Chief Justice of the Hon’ble High
Court of Sikkim and His Lordship’s Companion Justices of the said Hon’ble Court.

IN THE MATTER OF

Mr. Silajit Guha

...... Appellant/Petitioner

Versus

Sikkim University and Others .......Respondents

REPLY ON AFFIDAVIT OF THE RESPONDENTS NO 1 & 2 TO THE

ADDITIONAL AFFIDAVIT FILED BY THE APPELLANT/PETITIONER

I, Mr. T.K. Kaul son of late J.N. Kaul, aged about 60 years, by occupation
Registrar of Sikkim University, presently residing at Tadong, Gangtok, East Sikkim do
hereby solemnly affirm and state as follows:-

1. That I am the Registrar in the Sikkim University and as such, I am

authorized by respondent’s no. 2 of the instant case to make, swear, affirm

and file this reply on their behalf. I am fully acquainted with facts and

circumstances of the case and therefore, competent to make swear, affirm

and file this reply.

2. That I have perused the relevant records pertaining to the subject matter of

the petition and based on the information deprived from the same, I am
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making the instant affidavit on behalf of the respondents. I submit that any

omission on my part in not dealing specifically with and/or denying any of

the allegations, averments, contentions submissions, the same should not be

construed as deemed to have been admitted by me on behalf of the

Respondents.

3. That neither the Writ Appeal nor the additional affidavit for the reasons set

forth in paragraphs hereinafter does not establish either factually or legally

any case warranting the exercise of the discretionary extraordinary civil

appellate jurisdiction by this Hon’ble Court. For this reason alone, the

present Writ Appeal merits only its dismissal.

4. That with respect to statements and averments made at paragraph no.1 the

answering respondent does not have any comments as same being matter of

record.

5. That with respect to the statements and averments made at paragraph no. 2,

same are matters of record as far as application being filed by the

appellant/petitioner, however the ground being taken in the application are

not tenable.

6. That with respect to the statements and averments made at paragraph no. 3,

it is submitted that the as per the direction issued in writ petition no. 30 of

2019 and in compliance of the said direction, the Vice Chancellor i.e.

respondent no. 2 has constituted the committee of Appeal to consider the

appeal filed by the appellant/petitioner. It is denied that the said notification

is without jurisdiction and violative of UGC Regulations. The

appellant/petitioner is put to strict proof thereof.

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7. That with respect to statements and averments made at paragraph no. 4, it is

submitted that committee of appeal was constituted as per the required

norms. Necessary submission shall be made at the time of arguments.

8. That with respect to statements and averments made at paragraph no. 5 and

6, it is submitted that the respondent prays this Hon’ble Court that the said

application may be dismissed that with costs. It is prayed that the

appellant/petitioner have not shown any bonafide reason which would

entitle him the indulgence of this Hon’ble Court. The said application is a

chance application therefore, if allowed, would only defeat the ends of

justice and cause irreparable injury to the respondents.

9. That under the facts and circumstances it is most respectfully prayed that

this instant application is liable to be dismissed and the same is only filed to

delay the proceedings and is filed with malafide intention.

10. That the statements made at paragraph no. 1 to 9 are true and correct and

nothing has been concealed therein.

And I sign this affidavit on this the ______ day of March, 2021 at Gangtok,
East Sikkim.

Identified by:- DEPONENT

VERIFICATION
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I, the above named deponent, do hereby verify and say that the statements
contained in paragraphs 1 to 9 are true and correct and rest are my respectful submission
before this Hon'ble Court.

And I sign this verification on this the _____ day of March, 2021 at Gangtok, East
Sikkim.

Identified by:- DEPONENT