Punjab-Haryana High Court
Supreet Kaur vs Baba Farid University Of Health ... on 7 July, 2023
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2023:PHHC:085592
CWP-14255-2023 [1] 2023:PHHC:085592
119
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-14255-2023
Date of decision: 07.07.2023
Supreet Kaur
...Petitioner
Versus
Baba Farid University of Health Sciences, Faridkot and others
...Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. B.B.S. Randhawa, Advocate for the petitioner.
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VIKAS BAHL, J. (ORAL)
1. This is a Civil Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to release the Migration Certificate of the petitioner and to pay the damages on account of not having given the said document back.
2. Learned counsel for the petitioner has submitted that for the grievances raised by the present petitioner, the petitioner has given legal notice dated 08.05.2023 (Annexure P-5) to the respondents including respondent No.3-College and has submitted that the petitioner would limit her prayer in the said legal notice to the return of the original Migration Certificate of Class 10+2 which, as per the petitioner, is with respondent No.3.
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Neutral Citation No:=2023:PHHC:085592
CWP-14255-2023 [2] 2023:PHHC:085592
3. Keeping in view the abovesaid facts and circumstances, the present Civil Writ Petition is disposed of with direction to respondent No.3 to consider legal notice dated 08.05.2023 (Annexure P-5) on the limited aspect of returning the original Class 10+2 Migration Certificate submitted by the petitioner within a period of three weeks from the date of receipt of certified copy of the present order.
4. In case, respondent No.3 is of the opinion that the pleas raised by the petitioner on the said aspect are found to be meritorious then respondent No.3 is directed to return the said document within a period of 10 days thereafter. In case, respondent No.3 is of the opinion that pleas raised by the petitioner are not meritorious then a speaking order rejecting the claim of the petitioner be passed within the aforesaid period of three weeks from the date of receipt of certified copy of the present order.
5. This Court has not opined on the merits of the case and respondent No.3 would consider the case of the petitioner independently and in accordance with law.
07.07.2023 (VIKAS BAHL)
Pawan JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
Neutral Citation No:=2023:PHHC:085592
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