Private Unaided Degree Colleges Association v. State Of Punjab And Others
1 CWP No. 15100-2023
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No. 15100 of 2023 (O&M) Date of Decision: 20.07.2023 Private Unaided Degree Colleges Association .....Petitioner versus State of Punjab and others .....Respondents
CORAM:
HON'BLE MR.JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI, JUDGE Present :
Dr. Anmol Rattan Sidhu, Senior Advocate with Ms. Tejaswini, Advocate, for the petitioner.
Mr. Arjun Sheoran, Deputy Advocate General, Punjab. **** This petition has been filed by the private unaided Degree Colleges Association being aggrieved by the order dated 26.05.2023 praying for the following reliefs:-
! "
# $% &
'( &
) ! "
# $!% &
'
!
* +
+
,
- +
.
'
) ++
/+
0 . +
12 2
!$3* & & * +* )3* )4")%"%* 5 & 6
.& 0
+
9
0 : "% ; 0 3;)*
+
'<
2 CWP No. 15100-2023 9
!"
# $% &
'
&
) ! "
# $!% &
'
! + /
- +
. ++
/+
0 .
& &
*+ &
'<=(> 9 + +
'
)
=
! "
# $;%
+ &
+
! "
# $% &
'
&
) ! "
# $!% &
'
! &
&
*
5
? 2.
Learned senior counsel for the petitioner submits that previously Non-Government Colleges Managements Federation of Punjab and Chandigarh had approached this Court in respect of a similar decision taken by the respondent-authorities in the year 2022 by filing a Civil Writ Petition No. 16155 of 2022, which was disposed of by this Court vide order dated 27.07.2022, on a statement being made by the learned Assistant Advocate General, Punjab, on instructions from the Principal Secretary, Department of Higher Education, to the effect that the authorities concerned i.e. Principal Secretary, Department of Higher Education, Government of Punjab would hear the persons representing the petitioner-association in respect of the difficulties being faced by them in implementing the directions of the State Government for using 'Centralized Admission Portal' for admissions in the non-affiliated colleges and Universities. It is stated that pursuant thereto, a speaking order was passed by the respondent-authorities on 06.12.2022. It is, however, submitted that the petitioners, who are the
3 CWP No. 15100-2023 private unaided degree colleges, were neither invited for hearing nor were their objections considered. He, therefore, submits that in the circumstances, the respondent-authorities may be directed to hear and consider their objections as well.
3.
Learned Deputy Advocate General appearing for the respondent-State of Punjab, on instructions from Mr. Ashwani Bhalla, Deputy Director, Department of Higher Education and Mr. Harpreet Singh, Senior Assistant, submits that the Principal Secretary, Department of Higher Education, Government of Punjab would hear all the objections of the petitioner-association and thereafter pass a speaking detailed order. 4.
In view of the statement made by learned Deputy Advocate General, Punjab and taking the same on record, the present petition stands disposed of with a direction to the respondent-authorities i.e. Principal Secretary, Department of Higher Education, Government of Punjab to afford an opportunity of hearing to the petitioner-association on 26.07.2023 and consider their objections and pass a detailed speaking order in accordance with law.
5.
It is made clear that the petitioner-association would be at liberty to not just raise the issues raised by them in the legal notice but also other issues, if they are so advised, before the Principal Secretary, Department of Higher Education, Government of Punjab. (RAVI SHANKER JHA) CHIEF JUSTICE (ARUN PALLI) JUDGE 20.07.2023 ravinder Whether speaking/reasoned √Yes/No Whether reportable Yes/No√