Dashmesh Khalsa College v. State Of Punjab And Others

2023:PHHC:147110-DB

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Letters Patent Appeal No. 1776 of 2023 (O&M) Date of Decision: 20.11.2023 Dashmesh Khalsa College, Sri Muktsar Sahib .....Appellant versus State of Punjab and others .....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AMAN CHAUDHARY, JUDGE Present::

Mr. Sameer Sachdeva, Advocate, for the appellant. Ms. Lavanya Paul, Deputy Advocate General, Punjab. Mr. Keshav Gupta, Advocate, for private respondent No.3. ****

  

  

 After hearing learned counsel for the parties at length, the main issue in the present appeal is whether the orders dated 01.08.2023 and 14.09.2023 (Annexures P:10 and P:17) passed by the Directorate of Higher Education Department, Punjab, can be challenged before the Educational Tribunal.

2.

Learned counsel for the appellant submit that both these orders (Annexures P:10 and P:17) cannot be examined by the Educational Tribunal and the same can only be challenged by filing a writ petition and on this short ground the order dated 02.11.2023 passed by the learned Single Judge should be set aside.

3.

Learned counsel appearing for respondent No.3 has not disputed this fact. Accordingly, this appeal is allowed and the impugned order dated 02.11.2023 passed by the learned Single Judge is set aside and the matter is remanded back to the learned Single Judge where both the parties will address their arguments.

(RITU BAHRI) ACTING CHIEF JUSTICE (AMAN CHAUDHARY) JUDGE 20.11.2023 ravinder Whether speaking/reasoned √Yes/No Whether reportable Yes/No√ RAVINDER KUMAR 2023.11.21 17:47 I attest to the accuracy and authenticity of this order/judgment.