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2021 Supreme(P&H) 970

ANIL KSHETARPAL
Pdm Religious And Educational Association – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Chetan Mittal, Advocate, V.K. Sachdeva, Advocate, B.R. Mahajan, Advocate, Samarth Sagar, Advocate

JUDGMENT

Anil Kshetarpal, J. - The Courts are expected to do substantive justice while making efforts to require the authorities, tribunals & quasi judicial tribunals to follow the procedure laid down. However, insistence to follow procedural law cannot be at the cost of substantive justice. More particularly, the Constitutional Courts are expected to lean towards doing justice in the real sense while making sincere endeavour to follow the procedural law. However, the procedural law cannot be applied in a manner which defeats/delays the substantive justice. Most of the time, the justice delayed results in justice denied. Hence, all the authorities including the Courts and quasi-judicial tribunals are expected to make their sincere endeavour to do the substantive justice in an expeditious manner.

2. In the considered opinion of the bench, the following question need adjudication:-

(i) Whether Section 10 of the Haryana Private University Act 2006 debars the university established under it from expanding its activities beyond the borders of the Haryana State?

(ii) If only one view is possible, whether still it is mandatory for the court to set aside an order passed in infraction of the p

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