With the Gauhati High Court expressing practical difficulties in execution of its orders passed from time to time, the petition filed by four IIT students against 'Super 30' fame Anand Kumar was allowed to be withdrawn with liberty to the petitioners to approach the Patna High Court.
A bench of Chief Justice Ajai Lamba and Justice Achintya Malla Bujor Barua felt that though all the petitioners, who have accused Kumar of cheating and unfair practice, hail from the northeast, they all had moved to Patna to join 'Super 30' and paid fees there.
"It has not been disputed even by the learned senior counsel for the petitioners that all the incidents indicated in the petition and through various documents occurred within the jurisdiction of Patna High Court.
"The allurement might have been in all parts of the country, however, all the affected persons were driven to Patna to make payment in Patna and join classes in Patna. In such circumstances, we are of the considered view that any order passed by this Court would not be conveniently executed. The orders passed from time to time would not be practically carried out," said the bench.
At this, petitioners counsel urged that the petition be dismissed as withdrawn with liberty to file before the Patna High Court. The Gauhati HC allowed the same.
In the meantime, Kumar paid the cost of Rs 50,000 imposed on him by the Gauhati HC for his failure to appear before it despite repeat orders seeking his personal appearance.
The PIL had been moved by four first-year students of IIT Guwahati through advocate Amit Goyal.
They say that Kumar induced students, including them, from various parts of the country in the name of "Super 30" for free of cost training for entrance to IIT-JEE course. They allege that a large number of students from North East, who had approached "self-proclaimed mathematician" Kumar "to be enrolled in 'Super-30', were admitted by him in a coaching institute by the name of "Ramanujan School of Mathematics", by charging an amount of Rs 33,000 per student and that it now appears that the respondent No.8 is not, in fact, running any Super-30 classes after the year 2008".
The Petitioners say Kumar claims to be a mathematician but does not have required qualifications and does not teach students himself.
Kumar, along with ex-Bihar DGP Abhayanand had conceptualized Super 30 to teach poor students from Bihar to crack IIT JEE. Abhayanand parted ways with Kumar in 2008 due to violation of mutual agreement.
The petitioners claim there is no transparency in functioning of Super 30 after 2008.
The court had in September sought Kumar's personal appearance but he sought an adjournment. On the next date of hearing in November, he again sought adjournment following which the bench posted the matter for November 26.
Many other students and parents came before the court after learning about the PIL before it.
It slapped a cost of Rs 50,000 on Kumar for non-appearance before allowing the petition to be dismissed as withdrawn.
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