Veena Bamboria vs Chauadhary Ranbir Singh ...
2023 Latest Caselaw 1663 P&H

CWP-16679-2021                                                        -1-

201-A
            IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                                               CWP-16679-2021
                                                     Date of decision: 25.01.2023

VEENA BAMBORIA
                                                                     ...Petitioner

                                   VERSUS


CHAUADHARY RANBIR SINGH UNIVERSITY, JIND AND OTHERS
                                           ...Respondents

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:-   Mr. Chirag Kundu, Advocate
            for the petitioner.

            Mr. Rajesh K. Sheoran, Advocate
            for respondent No.1.

            Mr. Prateek Mahajan, Advocate,
            Mr. Daanish Mahajan, Advocate and
            Mr. Jaskirat Singh, Advocate
            for respondents No.2 and 3.

                   ****

JAISHREE THAKUR, J. (ORAL)

The instant writ petition has been filed under Articles 226/227 of

the Constitution of India, seeking issuance of a writ in the nature of certiorari

for quashing order dated 17.04.2020 (Annexure P-5), whereby dues/arrears

claimed by the petitioner herein have been denied.

Learned counsel for respondents No.2 and 3 would submit that

respondent No.3 is a private educational institution receiving no aid from the

Government and the petitioner herein being an erstwhile employee of the said

educational institute would have to approach the Educational Tribunal, which

has been constituted in terms of the directions of the Apex Court in T.M.A. Pai

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Foundation's case for redressal of her grievance.

The short question posed for adjudication at the present moment

would be whether the dispute as sought to be raised can be adjudicated by this

Court in view of the fact that the Educational Tribunal has been set up in terms

of the judgment as referred above and the answer would be in the negative.

Once the Educational Tribunal has been set up to deal with all the issues arising

between an employee and the educational institution of an unaided

University/College, this Court would have no jurisdiction to entertain the said

matter.

Learned counsel for the petitioner has relied upon a judgment

rendered by this Court in Ravneet Kaur versus The Christian Medical College,

Ludhiana, 1997(3) SCT 210 to submit that the present issue would be

maintainable before the High Court. The judgment relied upon by the petitioner

relates to a question of admission and not an issue relating to service conditions

of an employee of a private educational institution, so the judgment as relied

upon by learned counsel for the petitioner is not applicable in the present case.

In view of the above, let the matter between the parties raised in

this writ petition be heard by the Educational Tribunal, Jind, who would take a

decision on the same expeditiously.

The parties are directed to put in an appearance before the

Educational Tribunal, Jind on 20.04.2023.

The instant writ petition is disposed of accordingly.

                                                  (JAISHREE THAKUR)
25.01.2023                                              JUDGE
Chetan Thakur
                Whether speaking/reasoned         :     Yes/No
                Whether reportable                :     Yes/No



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