UNION OF INDIA AND OTHERS v. AVNI KOUNDAL AND OTHERS
CMP.M/1406/2026 · 2026-09-15
Gurmeet Singh Sandhawalia, Jiya Lal Bhardwaj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 23031 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 23031 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Union of India and Ors. vs. Avni Koundal and Ors.
CMP(M) No.1406 of 2026 Item No.P-1 15.09.2026 Present: Mr. Balram Sharma, DSGI with Mr. Rajeev Sharma,
Advocate,
for
the applicants/appellants. Mr. Arsh Rattan, Deputy Advocate General, for respondents No.2 to 4-State.
CMP(M) No.1406 of 2026 Keeping in view the averments made in the application, which is duly supported by an affidavit of the official, delay of 41 days in filing the appeal is condoned. Application stands disposed of. LPA No.525 of 2026
Inter alia contends that the terms of the prospectus bind everyone and placed reliance upon the judgment passed by the coordinate Bench in CWP No.831 of 2017, titled, Dr. Ramesh Kaundal and others vs. State of H.P. & others along with connected matters. The matter requires consideration. Admit. Notice. Mr. Arsh Rattan, learned Deputy Advocate General, appears and waives service of notice on behalf of respondents No.2 to 4. Post admission notice be issued to respondent No.1, returnable within six weeks, on taking steps within two weeks. CMP No.23995 of 2026 It is brought to the notice of this Court that the child has been admitted in the concerned school.
In such circumstances, we do not feel that it is a fit case for staying the judgment, since prima facie, we are of the considered opinion that keeping in view the peculiarity and geographical difficulties of the hill State such a term of the prospectus would be totally arbitrary and would cause extreme hardship to the child if she is denied admission in a neighbouring school only on account of the fact that she resides within a different adjoining District. Accordingly, the application stands disposed of. ( G.S. Sandhawalia ) Chief Justice September 15, 2026 ( Jiya Lal Bhardwaj ) (ankit) Judge