Himanshu v. Union Of India And ORS

2023:PHHC:077153 CWP No.11591 of 2023 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.11591 of 2023 Date of Decision: 26.05.2023 Himanshu ......Petitioner

Versus

Union of India and Ors.

.....Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:

Mr. Vikas Setia, Advocate for the petitioner. Mr. Himanshu Malik, Central Govt Counsel for UOIrespondent No.1. VIKAS BAHL , J (ORAL) 1.

This writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the expulsion order dated 24.04.2023 (Annexure P-3) passed by respondent No.3; with a further prayer to direct respondent Nos.2 & 3 to reinstate the petitioner, amend the Academic Handbook, recruit teaching faculties to meet the minimum permanent core faculty with necessary qualification as per rules and guidelines of Bar Council of India and preserve the CCTV footage of all the examinations held in last one year; with a further prayer to direct respondent Nos.1 & 4 to inspect the Institute in the light of provisions of IIM Act, 2017 and decide the statutory appeal of the petitioner. It is also prayed that the petitioner may be provisionally permitted to attend the classes during the pendency of the present petition.

2.

Learned counsel for the petitioner has submitted that against the expulsion order, the petitioner has filed an appeal before the Director-cumDean/respondent No.2 and has limited his prayer to the extent that respondent No.2 be directed to decide the same as expeditiously as possible. 3.

Learned State counsel has submitted that in case, an appeal has been MANOJ KUMAR 2023.05.29 09:02 I attest to the accuracy and integrity of this document

2023:PHHC:077153 CWP No.11591 of 2023 #2# filed by the petitioner and the same is duly constituted, then Director-cumDean/respondent No.2 would decide the appeal as expeditiously as possible, in accordance with law.

4.

Keeping in view the abovesaid facts and circumstances, the present Civil Writ Petition is disposed of with a direction to respondent No.2-Director-cum-Dean to decide the appeal filed by the petitioner against the expulsion order dated 24.04.2023 (Annexure P.3), if duly constituted, as expeditiously as possible.

5.

It is made clear that this Court has not opined on the merits of the case and respondent No.2 would consider and decide the matter independently, in accordance with law.

May 26, 2023 ( VIKAS BAHL ) manoj JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2023.05.29 09:02 I attest to the accuracy and integrity of this document