Extracted from the PDF above. The PDF is authoritative.
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KHALSA COLLEGE AND ORS STATE OF PUNJAB AND ORS
CORAM:
Present:
HARSIMRAN SINGH SETHI, J. (Oral)
the Government by which, the permission has been declined to Managing Institute so as to terminate the services of the private respondents.
preliminary objection this Court on the ground that as per the judgment of Division Bench in No.4315 of 2012 titled School and anr. Vs. District Judge decided on 27.11.2013, wherein Management lies before the Educational Tribunal hence, the petitioner should approach the Educational Tribunal.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-4182
Date of Decision : 18 KHALSA COLLEGE AND ORS VERSUS STATE OF PUNJAB AND ORS
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Mr. Ashish Kaushik, Advocate Mr. Vikram Singh, Advocate for Mr. A.P.S Sandhu, Advocate for the petitioners.
Mr. Arun Gupta, DAG Punjab. *** HARSIMRAN SINGH SETHI, J. (Oral) In the present petition, the challen the Government by which, the permission has been declined to Managing Institute so as to terminate the services of the private respondents.
Learned counsel appearing on behalf of the respondents raises preliminary objection qua the maintainability of the present petition before this Court on the ground that as per the judgment of Division Bench in No.4315 of 2012 titled “Management of S.D Model Senior Secondary School and anr. Vs. District Judge-cum decided on 27.11.2013, wherein all the dispute between an employee and the Management lies before the Educational Tribunal hence, the petitioner should approach the Educational Tribunal.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 4182-2021 (O&M) Date of Decision : 18-10-2024 ........Petitioner(s) VERSUS ........Respondent(s) HARSIMRAN SINGH SETHI Advocate and Mr. Vikram Singh, Advocate for Mr. A.P.S Sandhu, Advocate Arun Gupta, DAG Punjab.
HARSIMRAN SINGH SETHI, J. (Oral) In the present petition, the challenge is to the order passed by the Government by which, the permission has been declined to Managing Institute so as to terminate the services of the private respondents.
Learned counsel appearing on behalf of the respondents raises qua the maintainability of the present petition before this Court on the ground that as per the judgment of Division Bench in “CR Management of S.D Model Senior Secondary cum-Service Tribunal and anr.”, all the dispute between an employee and the Management lies before the Educational Tribunal hence, the petitioner should approach the Educational Tribunal.
........Petitioner(s) ........Respondent(s)
HARSIMRAN SINGH SETHI ge is to the order passed by the Government by which, the permission has been declined to Managing
Learned counsel appearing on behalf of the respondents raises qua the maintainability of the present petition before
“CR Management of S.D Model Senior Secondary nr.”, all the dispute between an employee and the Management lies before the Educational Tribunal hence, the petitioners SAPNA GOYAL 2024.10.19 14:21 I attest to the accuracy and integrity of this document
CWP-4182-2021 (O&M)
-2-
Learned counsel for the petitioners has not been able to rebut the said fact that keeping in view the facts and circumstances of the present case, the jurisdiction to entertain the grievance being raised by the petitioners lies before the Educational Tribunal.
Learned counsel for the petitioners submits as the pleadings in the present petition are complete, in order to save the time for adjudication, so as to complete the proceedings, let the paperbook of this petition be sent to the Educational Tribunal for passing an appropriate order keeping in view the grievance raised therein.
Learned counsel for the respondent raises no objection.
Keeping in view the above, the present petition is disposed of with the direction relegating the petitioners to the remedy before the Educational Tribunal, Punjab.
As prayed for by the parties concerned, Registry is directed to send the paperbook of this petition to the Educational Tribunal, Punjab for passing an appropriate order on the claim raised by the petitioners on the claim raised therein.
Let the parties appear before the Educational Tribunal, Punjab on 06.11.2024.
Ordered accordingly.
Pending application, if any, also stands disposed of.
18-10-2024 Sapna Goyal
(HARSIMRAN SINGH SETHI) JUDGE
NOTE: Whether speaking : YES/NO
Whether reportable : YES/NO SAPNA GOYAL 2024.10.19 14:21 I attest to the accuracy and integrity of this document