Jitender Singh vs Union Of India And Ors
2024 Latest Caselaw 8445 P&H

Punjab-Haryana High Court

Jitender Singh vs Union Of India And Ors on 22 April, 2024

                                 Neutral Citation No:=2024:PHHC:054346



                                 Neutral Citation No. 2024:PHHC:054346

        IN THE HIGH COURT OF PUNJAB & HARYANA
                    AT CHANDIGARH
226
                                             CWP-7113-2022 (O&M)
                                         Date of decision: 22.04.2024

JITENDER SINGH                                             .........Petitioner

                               VERSUS


UNION OF INDIA AND OTHERS                                  ........Respondents

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

                            *****

Present:-   None for the petitioner.

            Mr. Satya Pal Jain, Addl. Solicitor General of India with
            Mr. Arun Gosain, Advocate
            for respondent No.1.

            Mr. Ankit Kamboj, Advocate
            for respondents No. 3 and 4.

            Mr. Sandeep Dhull, Advocate
            for respondent No.5.

                            *****

VINOD S. BHARDWAJ, J. (Oral)

The instant writ petition has been filed seeking issuance of

a writ of Quo Warranto by raising a challenge to the appointment of

respondent No.5 to the post of Deputy Registrar (Finance and

Accounts), National Institute of Pharmaceuticals Education and

Research, Mohali.

Learned counsel appearing on behalf of respondent No.1

was informed that a similar writ petition had also been filed raising

challenge to the appointment of the Registrar with NIPER. The said

writ petition was allowed by the learned Single Judge vide judgement

dated 30.11.2012 passed in CWP-6458-2012.

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Neutral Citation No:=2024:PHHC:054346

CWP-7113-2022 (O&M) -2-

A Letter Patent Appeal No. 2094-2012 was filed before a

Division Bench titled "Wing Commander P.J.P. Waraich (Retd.)

versus Dr. Parikshit Bansal and others" and that in the said writ

petition, the Division Bench has held that the post of the Registrar of

NIPER is not a public office and that a writ of Quo Warranto would not

be maintainable.

The order passed by the Single Judge had thus been set

aside. It is contended that SLP No. 11063-2023 was preferred against

the above said judgment dated 03.05.2023 passed in LPA No. 2094 of

2012 which has also been dismissed vide order dated 29.05.2023. He

contends that the said issue would be applicable to the facts of the

present case as well.

The present writ petition is accordingly dismissed in view

of the judgment dated 03.05.2023 passed in LPA No. 2094 of 2012

titled as "Wing Commander P.J.P. Waraich (Retd.) (supra).

All the pending miscellaneous application(s), if any, are

also disposed of.

                                              (VINOD S. BHARDWAJ)
                                                   JUDGE
APRIL 22, 2024
Vishal sharma
                      Whether speaking/reasoned         :      Yes/No
                      Whether reportable                :      Yes/No




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