Punjab-Haryana High Court
Pinky And Others vs State Of Punjab And Others on 21 December, 2023
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2023:PHHC:164515
CWP-28984-2023 -1- 2023:PHHC:164515
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(114)
CWP-28984-2023
Date of decision: - 21.12.2023
Pinky 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, Additional Advocate General, 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 Scheme 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 Scheme for students belonging to the Scheduled
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Castes from the 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 a 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
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 18.12.2023 (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's case
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(supra) in a time bound manner and if after considering the same, 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 18.12.2023 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's case (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 )
December 21, 2023 JUDGE
naresh.k
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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