High Court of Punjab and HaryanaCWP/19632/2016disposed of

Shagun Kaur Narang v. State Of Punjab And ORS`

2022-02-02The Chief Justice,Mr. Justice Arun Palli2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CM-17654-2021 in/and CWP No.19632-2016 Date of decision: 02.02.2022 Shagun Kaur Narang

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI

Present:

Mr. R.K. Handa, Advocate, for the petitioner. Mr. Avinit Avasthi, AAG, Punjab.

Mr. Naresh Kumar, Advocate, for respondent No.4. Mr. Prateek Gupta, Advocate, for applicant-respondent No.5.

(The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual Court). * * * * RAVI SHANKER JHA, C.J. (ORAL) Vide Civil Miscellaneous No.17654-2021, respondent No.5 has approached this Court, submitting that vide order dated 03.10.2017, this Court had confined the relief prayed for by the petitioner only to the extent of claiming compensation.

Learned counsel for the applicant-respondent No.5 submits that petitioner as well as the private respondents have already completed their courses, after taking admission in the respective colleges. However, their degrees have not been recognized on account of pendency of this petition. Therefore, the petition be disposed of, granting liberty to the petitioner to take up the proceedings for claiming compensation before appropriate forum, if she so desires.

AMIT KUMAR 2022.02.03 17:05 I attest to the accuracy and integrity of this document

CM-17654-2021 in/and CWP No.19632-2016 To this, learned counsel for the petitioner submits that the petition be disposed of granting liberty to the petitioner to take up the proceedings for claiming compensation, on the basis of the fact that petitioner had wrongly been denied the admission against free seat and was, in fact, admitted against the paid seat, which fact may also be taken up and decided by the appropriate forum approached by the petitioner, if so advised. In view of the above, CM No.17654-2021 is allowed and with the consent of learned counsel for the parties, the main case is taken on board.

In view of the statements made by learned counsel for the petitioner as well as respondent No.5, the petition is disposed of, granting liberty to the petitioner to take up the proceedings for claiming compensation before the appropriate forum, on the basis of her claim that she had wrongly been denied admission against the free seat and was rather admitted against the paid seat, in accordance with law. (RAVI SHANKER JHA) CHIEF JUSTICE (ARUN PALLI) JUDGE 02.02.2022 AK Sharma Whether speaking/reasoned Yes/No Whether reportable Yes/No AMIT KUMAR 2022.02.03 17:05 I attest to the accuracy and integrity of this document