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2016 DIGILAW 883 (HP)

H. P. University v. Tilak Raj

2016-05-23

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

body2016
JUDGMENT : Mansoor Ahmad Mir, J. 1. This Letters Patent Appeal is directed against the judgment dated 11.8.2015, made by the learned Single Judge of this Court in CWP No. 3274 of 2011 titled Tilak Raj versus H.P. University and another, whereby the writ petition filed by the writ petitioner came to be allowed, for short “the impugned judgment, on the grounds taken in the memo of appeal. 2. It appears that the writ petition came to be allowed by a non-speaking judgment. However, it is mentioned in the judgment that the lis was covered by the judgment rendered by this Court in Bardu Ram versus Himachal Pradesh University and another CWP No. 2669 of 2010, decided on 12.5.2015 and the appellant-University was directed to consider the case of the petitioner, in terms of the said judgment. 3. The said judgment came to be set aside by the Division Bench of this Court in LPA No. 198 of 2015, titled Himachal Pradesh University versus Bardu Ram and another decided on 31.12.2015 alongwith connected LPA No. 199 of 2015. 4. The judgment made by the Division Bench in LPA was questioned by the medium of SLP which was upheld by the apex Court. Mr. J.L. Bhardwaj, Advocate has made available the copy of the order passed by the apex Court in SLP (C) No. 7469 of 2016 dated 4.4.2016, made part of the file. 5. In the given circumstances, the appeal merits to be allowed and the impugned judgment merits to be set aside. Accordingly, the LPA is allowed and the impugned judgment is set aside. 6. The case is remanded to the Tribunal for decision on merits. The parties to complete the pleadings within three weeks and cause appearance before the Tribunal on 20th June, 2016. 7. Accordingly, the LPA stands disposed of alongwith pending applications, if any. Send down the record forthwith.