Citation : 2024 Latest Caselaw 915 P&H
Judgement Date : 16 January, 2024
Neutral Citation No:=2024:PHHC:005965
2024:PHHC:005965
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
221
CWP-12657-2019
Date of decision : 16.01.2024
Rahul Verma Petitioner
V/S
National Degree College and others Respondents
CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR
Present: None for the petitioner.
Mr. Manu Loona, Advocate
for respondents No.1 and 2.
Mr. Subhash Ahuja, Advocate
for respondent No.3-University.
Mr. Arun Gupta, AAG, Punjab.
****
NAMIT KUMAR, J. (ORAL)
1. The petitioner has filed the instant writ petition under
Articles 226/227 of the Constitution of India for quashing of order dated
10.12.2018 (Annexure P-12) passed by respondent No.2 vide which the
services of the petitioner have been terminated.
2. No one was present on behalf of the petitioner on the last
date of hearing. Even today, the position is the same.
3. Learned counsel for the respondents submit that the instant
writ petition is not maintainable before this Court and the remedy lies
with the Education Tribunal, Punjab. In support of his submission
learned counsel for the respondents has placed reliance upon the
judgments passed by this Court in Surinder Krishan Sharma Vs. State
of Punjab and others : 2019(4) S.C.T. 30 and CWP No.25942 of 2012
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Neutral Citation No:=2024:PHHC:005965
2024:PHHC:005965
titled as 'Suresh Sharma Vs. State of Punjab and others' decided on
11.04.2019.
4. I have heard learned counsel for the respondents and
perused the relevant documents.
5. In the present case, the grievance of the petitioner fall
under the ambit of cases having dispute qua the educational institutions
viz a viz Managing Committee and their employees as per Punjab
Affiliated Colleges (Security of Service of Employees) Act, 1974.
Therefor, the Educational Tribunal will have the jurisdiction to decide
all such disputes.
6. Accordingly, the petitioner is relegated to the jurisdiction of
Educational Tribunal for the redressel of his grievances. The record of
the present writ petition be sent to the Educational Tribunal for passing
appropriate orders.
7. Parties are directed to appear before the Educational
Tribunal on 19.02.2024.
8. The present writ petition stands disposed of in above terms.
16.01.2024 (NAMIT KUMAR)
kothiyal JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
Neutral Citation No:=2024:PHHC:005965
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