Punjab-Haryana High Court
Ekta And Ors vs State Of Punjab And Others on 14 December, 2023
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2023:PHHC:160313
CWP-28152-2023 1 2023:PHHC:160313
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
***
CWP-28152-2023
Date of decision : 14.12.2023
Ekta and others
... Petitioners
Versus
State of Punjab and others
... Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr.Yagyadeep, Advocate and
Mr. Rajesh Kumar, Advocate
for the petitioners.
Mr.Ferry Sofat, Addl.A.G. Punjab.
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 respondent no.4-Panjab University, Chandigarh to release/issue
the result / DMCs/ Degrees / certificates of the petitioners which have been
withheld by the respondent-University as reimbursement of fee under the
Post Matric Scholarship is to be made by the Government of Punjab for
students belonging to Scheduled Castes as per the notification dated
22.07.2016 (Annexure P-9) and the decision has been taken by the Council
of Ministers in the resolution (Annexure P-11).
2. Learned counsel for the petitioners has submitted that the
result/ DMC/ degrees / certificates of the petitioners have been withheld by
the respondent-University on account of non-receipt of fund under the Post
Matric Scholarship for students belonging to the Scheduled Castes from the
1 of 3
Neutral Citation No:=2023:PHHC:160313
CWP-28152-2023 2 2023:PHHC:160313
government. It is further submitted that a similar issue with respect to
respondent no.4-University was decided by this Court vide detailed
judgment dated 20.09.2023 passed in CWP-19728-2021 titled as "Meena
Kumari vs. State of Punjab and others" and after relying upon the
judgment of coordinate Bench of this Court in the case of Monika vs. Pt.
B.D. Sharma, University of Health Sciences, Rohtak and others reported
as 2022(4) SCT 51 and another judgment, the following directions were
passed:-
"16. Keeping in view the abovesaid facts and circumstances and also in
view of the law laid down in the abovesaid judgments, both the Civil Writ
Petitions are allowed with the following directions:-
i) The respondent No.3 is directed to declare the result of the
petitioner-Meena Kumari (in CWP-19728-2021) pertaining to first,
third and fourth semester of MA History and issue the detailed
marks card of second semester and also issue the degree and DMC
along with the Migration Certificate.
ii) The respondent No.3 is further directed to issue the detailed
marks card of sixth semester of the petitioner-Baljit Kaur (in CWP-
25213-2021) and Degree of Bachelor of Arts.
iii) The said documents of both the petitioners would be issued as
expeditiously as possible and in any case within a period of one
month from today without insisting upon the payment of the fee in
question."
3. Learned counsel for the petitioners has submitted that the said
judgment has not been challenged and rather the same has been
implemented and the case of the petitioners is squarely covered by the said
judgment and the said facts along with the other relevant facts have been
mentioned in the detailed legal notice dated 08.12.2023 (Annexure P-12)
and has submitted that the petitioners, at this stage, would be satisfied in
case respondent no.4-University is directed to consider the said legal notice
by taking into consideration the judgment passed by this Court in Meena
Kumari (supra) in a time bound manner and if after considering the same,
2 of 3
Neutral Citation No:=2023:PHHC:160313
CWP-28152-2023 3 2023:PHHC:160313
in case, the plea raised by the petitioners is found to be meritorious, then
necessary relief be granted to the petitioners.
4. Keeping in view the above said facts and circumstances and the
limited prayer made by the learned counsel for the petitioners, the present
petition is disposed of with a direction to respondent no.4-University to
consider the legal notice dated 08.12.2023 of the petitioners and decide the
same, in accordance with law, as expeditiously as possible, preferably
within a period of 4 weeks from the date of the receipt of certified copy of
the present order and while doing so, would also consider the judgment
passed in Meena Kumari (supra) and after considering the same, in case
the plea of the petitioners is found to be meritorious, then necessary relief
be granted to the petitioners and in case, the plea of the petitioners is not
found to be meritorious, then a speaking order rejecting the same be passed
within a period of 4 weeks from the date of the receipt of certified copy of
the present order.
5. It is made clear that this Court has not opined on the merits of
the case and respondent no.4-University would consider and decide the
legal notice independently, in accordance with law.
(VIKAS BAHL)
JUDGE
December 14, 2023.
Davinder Kumar
Whether speaking / reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2023:PHHC:160313
3 of 3
