Gurwinder Kaur v. State Of Punjab & ORS

-1188+201 (163 cases)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH **** CWP-23267-2014 (O&M) and other connected CWPs COCP-1029-2017 (O&M) and other connected COCPs and RAs Date of Decision: 21.05.2025 Gurwinder Kaur ..... Petitioner

Versus

State of Punjab and others ..... Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER

Present:

Mr. Atul Arya, Advocate for the petitioner (through video conferencing) in CWP-23267-2014.

Mr. Manjit Singh Uppal, Advocate in CWP-2047-2019, CWP-26126-2017, CWP-16115-2018, CWP-25001-2017, CWP-4265-2018, CWP-27442-2022.

Mr. Ankit Kharbanda, Advocate for the petitioner(s) in CWP-12831-2017.

Mr. Parvesh K. Saini, Advocate and Mr. Ashutosh Bhardwaj, Advocate for the petitioner(s) in CWP-23998-2014, CWP-355-2015 and CWP-341-2015.

Mr. Amit Aggarwal, Advocate and Mr. Saurabh Bajaj, Advocate for the petitioners No.1, 6 and 33 in CWP-24070-2015 and for petitioners No.3 and 4 in CWP-19496-2016. Mr. Vivek Sharma, Advocate for the petitioner(s) in CWP-26609-2016, CWP-27039-2016 and CWP-334-2015.

Mr. Vikas Chatrath, Advocate, Ms. Preetleen Kaur, Advocate and Ms. Priya Kaushik, Advocate

-2in CWPs-22201, 22245, 23420, 22326 of 2014, CWPs-12371, 12362 of 2015 and CWP-16233-2018. Mr. R.S. Kalra, Advocate and Ms. Mona Yadav, Advocate in CWP-13619-2015, CWP-22023-2015, CWP-3874-2017, CWP-17138-2017, CWP-3092-2015, CWP-158-2015, CWP-7136-2017, CWP-34760-2019, CWP-26531-2021, CWP-37432-2019, CWP-3920-2020, CWP-13807-2016, CWP-16967-2015 and CWP-11578-2017.

Mr. Kapil Kakkar, Advocate in CWPs-20657,19792 and 21337 of 2014, CWP-20827-2016, CWP-14740 of 2017, COCP-2056-2014 and for respondents No.1 and 2 in CWP-11215-2014. Mr. Amit Rao, Advocate for respondent No.4 in CWP-1029-2015.

Mr. Tahaf Bains, Advocate (through video conferencing) and Mr. Jagdeep Bains, Advocate in CWPs- 11215, 13062, 12713, 12714, 13823, 21337, 18430, 19238, 19792, 19794 of 2014 and CWP-5894 of 2015.

Ms. Geeta Singwal, Advocate and Mr. M.L. Singhwal, Advocate for the petitioner(s) in CWP-3187-2015.

Mr. Sonu Bhatia, Advocate for Mr. Surmukh Singh, Advocate in CWPs-26311, 26907 of 2015 and CWP-8243 of 2016.

Mr. Yagyadeep, Advocate in CWP-10853-2016.

Mr. A.S.Manaise, Advocate in CWP-15618-2014.

Mr. Fatehjeet Singh, Advocate for the petitioner(s) in CWP-3875-2017.

Mr. R.K.Arora, Advocate and

-3Mr. Jugam Arora, Advocate in CWP-21991of 2014, CWPs-24810, 26255, 27143 of 2015, CWPs-7211, 904, 3213, 7206 of 2017, CWP-9652-2023, CWPs-14690, 14740, 14687, 19496, 19845, 22611, 18274, 17120, 21859, 13563, 17022 and 14477 of 2016, COCPs-665, 666, 1029, 2428, 2429 of 2017 & COCP-512-2018. Mr. Aman Sharma, Advocate for the petitioner(s) in CWP-20739-2017.

Mr. Puneet Kumar Bansal, Advocate for the petitioner(s) in CWP-10512-2015, CWP-10557-2015 and CWP-10604-2015.

Mr. Sukhdev Raj Kamboj, Advocate and Ms. Arshi, Advocate in CWPs-24759 and 24760 of 2015, CWPs-11781, 17585 and 16311 of 2016.

Mr. Nitin Thatai, Advocate for the petitioner(s) in CWP-2604-2019.

Mr. S.S. Salar, Advocate in CWP-16800-2016 and CWP-22797-2017.

Mr. Madhav Pokhrral, Advocate in CWPs-11293 & 10126 of 2015.

Mr. S.K. Sharma, Advocate for respondent No.4/UGC in CWP-24501-2014.

Ms. Supriya Garg, Advocate for the intervenor in CWP-13563-2016.

Mr. Manish Prabhakar, Advocate for respondent No.4 in CWP-23267-2014, CWP-13563-2016, CWP-14687-2016, CWP-19496-2016, CWP-20894-2016, CWP-7065-2017 and for respondent No.5 in CWP-14477-2016.

Mr. TVS Lehal, Advocate and Mr. Sahil Shablok, Advocate for the UGC.

Mr. Nirmaljit Singh Diwana, Sr. DAG, Punjab.

*****

-4HARSH BUNGER J. (ORAL) CM-7440-CWP-2025 The present application has been filed for listing the main case i.e. CWP-23267-2014 for its disposal in terms of order dated 09.04.2025 passed by a Division Bench of this Court in LPA No.1843 of 2019, titled as "State of Punjab and another vs. Karamjit Kaur".

For the reasons mentioned in the application, the same is allowed as prayed for.

Application is accordingly disposed of.

CWP-23267-2014 (O&M) and other connected CWPs By this common order, I shall dispose of all the above numbered cases, as the issue involved therein is similar. 1.1 For the sake of convenience, the facts are being derived from CWP-23267-2014 titled as "Gurwinder Kaur vs. State of Punjab and others".

2.

The present petition (CWP-23267-2014) has been filed under Articles 226/227 of the Constitution of India inter alia seeking a writ in the nature of Mandamus for directing the respondents to add 3.3750 marks as weightage of the M. Phil (as per Clause 8 of the advertisement, Annexure P/2, for the post of Head Master), to the total marks given to the petitioner(s) in the final merit list making her final total marks to 58.043 from 55.0055, as the benefit of weightage was given to the similarly situated person, respondent No.7- Harsimranjit Kaur and place the petitioner(s) at an appropriate place in the final Merit List after adding the weightage of M. Phil in the final marks and to further direct respondents No.1 to 3 to appoint the petitioner(s) from the date the other selected candidates in the final Merit List were appointed.

-53.

Learned counsel representing the petitioners as well as the respondents in the respective cases are ad idem that the issues involved in the present writ petitions are covered by the judgment dated 09.04.2025 rendered by a Division Bench of this Court in LPA No.1843 of 2019 titled as "State of Punjab and another vs. Karamjeet Kaur" and also the subsequent clarifications rendered by the Division Bench vide order dated 05.05.2025 passed in CM-3184-LPA-2025 in LPA No.1843 of 2019, therefore all the matters may be disposed of, accordingly.

4.

Keeping in view the submissions made by the respective counsels, the present writ petition along with connected matters as numbered above, stand disposed of in terms of judgment dated 09.04.2025 passed in LPA No.1843 of 2019, which stands further clarified vide order dated 05.05.2025 passed in CM-3184-LPA-2025 in LPA No.1843 of 2019. 5.

All the pending application(s), if any, shall also stand closed. COCP-1029-2017 (O&M); COCP-156-2017 (O&M) COCP-2428-2017 (O&M); COCP-2429-2017 (O&M) COCP-665-2017 (O&M); COCP-666-2017 (O&M) COCP-2056-2017 (O&M) and COCP-512-2018 (O&M) Since the writ petitions have been disposed of today, therefore, no separate order is required to be passed in the present COCPs. 2.

The COCPs stand disposed of accordingly.

3.

All pending application(s), if any, shall also stand closed. 4.

Photocopy of this order be placed on the files of above mentioned connected cases.

21.05.2025 (HARSH BUNGER) Himani JUDGE

1. Whether speaking/reasoned :

Yes/No

2. Whether reportable :

Yes/No