Amit Aggarwal v. The Educational Tribunal And Others

  
 

         

                



   

    

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#   $ !  "  It is also apparent from the record that the petitioner had referred several judicial precedents passed by various Hon'ble Courts, but there is no finding to show that the said judgments are not applicable to the facts of the present case. This Court has held in the matter of Sham Lal and others Vs State of Punjab and others, reported as (2013) 14 SCC 393 that when the law stipulates passing of a speaking order, it must refer to the contentions that had been advanced by the persons aggrieved and must resort to record the reasons and objective assessment of the contentions, in the light of the applicable rules and regulations, before a final conclusion is drawn.

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There is no dispute that the order under challenge do not fulfil the pre-requisite of a reasoned and speaking order. Consequently, without commenting on the merits of the case as well as the respective contentions raised by both the parties, the present petition is allowed and the impugned judgment dated 07.07.2025 (Annexure P-1) passed by learned Educational Tribunal is ordered to be set aside. Since the impugned judgment passed by the learned Education Tribunal, Punjab is set aside; as a consequence, the impugned notice dated 19.08.2025 (Annexure P-2) is also set aside. 8.

The matter is remanded back to the learned Education Tribunal, Punjab for fresh consideration on the merits of the case and the parties are directed to appear before it on 15.10.2025. It is requested that learned Education Tribunal shall pass a fresh order, in accordance with law, after granting opportunity of hearing to both the sides. Pending application(s), if any, shall also stand disposed of.



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