Dashmesh Khalsa College v. State Of Punjab And Others

2023:PHHC:139659

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-21056-2023 (O&M) Date of Decision: 02.11.2023 Dasmesh Khalsa College . . . . Petitioner Vs.

State of Punjab and others . . . . Respondents **** CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA ****

Present:

Mr. Sameer Sachdeva, Advocate, for the petitioner.

Mr. Charanpreet Singh, AAG, Punjab.

Mr. Keshav Gupta, Advocate for respondents No.3.

**** SANJEEV PRAKASH SHARMA, J.(Oral)

1. The petitioner by way of this writ petition has assailed the order passed by respondent No.4/University setting aside the order of termination of respondent No.3, alleging that the University does not have the jurisdiction to set aside the said orders.

2. Counsel for respondent No.3. submits that apart from the University taking a view, the respondent No.3 has also challenged the said termination order before the Educational Tribunal independently, and the Educational Tribunal has granted an interim stay vide order dated 20.10.2023.

3. Learned counsel for the petitioner submits that there cannot be two orders passed by two different authorities.

MOHIT GOYAL 2023.11.02 18:55 I attest to the accuracy and integrity of this document

CWP-21056-2023 (O&M) 2023:PHHC:139659

4. I have considered the submissions.

5. It appears that the University acting as an affiliating body has examined the actions of the affiliated college and has proceeded to pass certain orders.

6. This Court considering the fact that the issue has already been taken by the concerned respondent before the Educational Tribunal, does not deem it appropriate to interfere with the proceedings, and leaves it open for the petitioner to contest the matter before the Educational Tribunal.

7. Writ Petition is dismissed.

8. All pending applications also stand disposed of accordingly. (SANJEEV PRAKASH SHARMA) JUDGE November 02, 2023 Mohit goyal

1. Whether speaking/reasoned?

Yes/No

2. Whether reportable?

Yes/No MOHIT GOYAL 2023.11.02 18:55 I attest to the accuracy and integrity of this document