Punjab-Haryana High Court
Vikas Jain & Ors vs Vaish College Of Engineering & Ors on 18 November, 2014
Author: Rameshwar Singh Malik
Bench: Rameshwar Singh Malik
CWP No.18680 of 2013 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
CWP No.18680 of 2013
Date of decision : 18.11.2014
Vikas Jain and another ......Petitioners
Vs.
Vaish College of Engg. Rohtak and others .....Respondents
...
CORAM : HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK ...
Present : Mr. N.K. Malhotra, Advocate for the petitioners.
Mr. Kuldeep Tiwari, Advocate for respondent nos.1 and 2. Mr. S.S. Goripuria, DAG, Haryana.
...
1. To be referred to the Reporter or not ?
2. Whether the judgement should be reported in Digest ? RAMESHWAR SINGH MALIK, J Learned counsel for the respondents places reliance on order dated 27.11.2013 passed by a Division Bench in C.R. No.4315 of 2012 (Management of S.D. Model Senior Secondary School and another Vs. Ld. District and Sessions Judge-cum-service Tribunal and another) to contend that in view of availability of equally efficacious alternative remedy, petitioners deserve to be relegated to the remedy before the educational tribunal.
The relevant observations made by the Division Bench in the order dated 27.11.2013, read as under :-
"(ii) In respect of second question, the notification of the State Government constituting Educational Tribunal will include all GREESH SAHNI 2014.12.08 14:44 I attest to the accuracy and integrity of this document Chandigarh CWP No.18680 of 2013 2 service disputes arising out of an order passed by the Management, as appealable to the Educational Tribunal. Such right to appeal is not arising in view of the judgement in T.M.A. Pai Foundation's case (supra), but in exercise of the executive powers of the State."
Faced with the abovesaid fact situation, learned counsel for the petitioners could not dispute the correctness of the statement made by learned counsel for the respondents and rightly so, because it was a matter of record.
In view of the abovesaid undisputed position on record, the present writ petition is disposed of, relegating the petitioners to their alternative remedy before the educational tribunal.
Disposed of, accordingly.
18.11.2014 (RAMESHWAR SINGH MALIK)
GS JUDGE
GREESH SAHNI
2014.12.08 14:44
I attest to the accuracy and
integrity of this document
Chandigarh