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Punjab-Haryana High Court

Dav College Malout vs State Of Punjab And Ors on 5 October, 2018

Author: Jitendra Chauhan

Bench: Jitendra Chauhan

CWP-21448-2014                                                             -1-

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                 CWP No.21448 of 2014 (O&M)
                                 Date of decision: 05.10.2018

DAV College Malout, District Muktsar
                                                              ...Petitioner(s)
                      Versus

State of Punjab and others

                                                            ...Respondent(s)

CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

Present:     Mr. Aman Chaudhary, Advocate for the petitioner(s).

             Ms. Harsimrat Rai, DAG, Punjab.

                       ****
Jitendra Chauhan, J. (Oral)

By way of the present petition, the petitioner seeks quashing of order dated 25.03.2014 (Annexure P-15) passed by respondent No.3 whereby the claim of the petitioner with regard to the conversion of uncovered posts to covered posts under the 95% grant-in-aid scheme was illegally declined.

Heard.

Learned counsel for the petitioner states the identically placed college was granted permission to convert the unaided posts to aided posts. The claim of the petitioner was denied vide impugned order dated 25.03.2014 (Annexure P-15) on the ground that there was ban on recruitment. A Division Bench of this Court in CWP-10650-2013 took the cognizance of the matter and subsequently ban was lifted, therefore, the learned counsel for the petitioner submits that since the solitary basis 1 of 2 ::: Downloaded on - 04-11-2018 07:31:50 ::: CWP-21448-2014 -2- of rejection, vide Annexure P-15 no longer subsists and as per which the fresh recruitment was permitted, therefore, the limited prayer of the petitioner at this stage is to re-consider the claim of the petitioner in view of the changed circumstances.

Keeping in view the above, the present petition is disposed of with a direction to the respondents to re-consider the claim of the petitioner for conversion of the posts from unaided to aided in view of the decision taken by counsel of Minister in their meeting held on 23.09.2014, within a period of three months from the date of receipt of certified copy of the order. Consequently, the impugned order dated 25.03.2014 (Annexure P-15) is set aside.




05.10.2018                                     (JITENDRA CHAUHAN)
sumit.k                                               JUDGE

             Whether speaking/reasoned :              Yes         No

             Whether Reportable :                     Yes         No




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