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2026 DAILYLAW 33684 (PNJ)

JANTA KALYAN SAMITI v. COL. SHAKEEL AHMAD

COCP/3385/2026 · 2026-07-23

Harsh Bunger

body2026

Judgment text

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- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 109 COCP-3385-2026 (O&M) Date of decision: 23.07.2026 Janta Kalyan Samiti through its President ..…Petitioner Versus Col. Shakkel Ahmad ..…Respondent CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present: Mr. Kushagra Mahajan, Advocate, for the petitioner. ***** HARSH BUNGER J. (ORAL) 1. Present contempt petition has been filed alleging non- compliance of judgment dated 22.01.2020 (Annexure P-1) passed by this Court in CWP-24910-2016, wherein the following directions were issued:- “7. Regarding lack of infrastructure, a perusal of the show cause notice shows that general allegations regarding lack of infrastructure have been made. In its reply, the petitioner demanded specific details but no such details were provided. In the absence of details regarding lack of infrastructure, respondent No.2 could not have withdrawn accreditation on this ground. Principles of natural justice require that sufficient details must be furnished to the person against whom an order to his interest detrimental is sought to be passed so that he can set up an adequate defence. 8. For the aforementioned reasons, the writ petition is allowed and impugned order dated 10.11.2016 (Annexure P-27) is quashed. However, respondent No.2 shall be at liberty to issue a fresh show cause notice regarding lack of infrastructure giving the requisite details and proceed further with the same in DINESH 2026.07.27 13:55 I attest to the accuracy and integrity of this document - accordance with law.” 2. It appears that the aforesaid order dated 22.01.2020 (Annexure P-1) has been further challenged by the National Institute of Open Schooling by filing an Intra-Court Appeal i.e. LPA-277-2022, wherein notice of motion has been issued and the matter is still pending. 3. It transpires that during the pendency of the aforesaid LPA, a fresh show cause notice dated 07.05.2026 (Annexure P-3) has been issued to the petitioner to obtain affiliation from a recognized State Board. 4. In the aforementioned facts and circumstances, the present contempt petition has been filed alleging that once the earlier show cause notice has already been set aside by this Court, vide order dated 22.01.2020 (Annexure P-1) passed in CWP-24910-2016, accordingly, issuance of fresh show cause notice dated 07.05.2026 (Annexure P-3) amounts to contempt of order dated 22.01.2020 (Annexure P-1). 5. I have heard learned counsel for the petitioner and perused the paper-book with his able assistance. 6. Apparently, while allowing the writ petition i.e. CWP-24910- 2016 filed by the petitioner, a liberty had been granted to the National Institute of Open Schooling to issue a fresh show cause notice regarding lack of infrastructure giving the requisite details and to proceed further in accordance with law. Apparently, an Intra-Court Appeal, against order dated 22.01.2020 (Annexure P-1), is pending before the LPA Bench. 7. Considering the fact that a liberty had been granted to the National Institute of Open Schooling to issue a fresh show cause notice and also the pendency of LPA No.277-2022 against the order dated 22.01.2020 (Annexure P-1), in my considered opinion, if the petitioner is aggrieved DINESH 2026.07.27 13:55 I attest to the accuracy and integrity of this document - against the fresh show cause notice in that eventuality, the petitioner is well within its right to challenge the same either by filing a separate writ petition or by moving an appropriate application in the pending LPA. 8. In view of the above, the present contempt petition is dismissed, with the aforesaid observations. 9. All pending application(s), if any, shall also stand closed. 23.07.2026 (HARSH BUNGER) dinesh JUDGE 1. Whether speaking/reasoned : Yes/No 2. Whether reportable : Yes/No DINESH 2026.07.27 13:55 I attest to the accuracy and integrity of this document