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2023 Supreme(P&H) 176

G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Punjab University – Appellant
Versus
Ishita Uppal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Subhash Ahuja, Advocate,

JUDGMENT :

G.S.SANDHAWALIA, J.

Consideration in the present letters patent appeal filed by the Punjab University is against the judgment of the learned Single Judge dated 23.02.2021 passed in CWP No. 20275 of 2019 filed by the respondent herein namely Ishita Uppal which has been allowed by imposing Rs.1,00,000/- as compensation to be paid by the University and University Institute of Legal Studies (hereinafter referred to as 'UILS') in equal shares. Liberty has been given to recover the same from the erring officials. Resultantly, directions were issued to restore and release the entire benefit of freeship/EWS scholarship to the writ petitioner while quashing communications dated 26.06.2019, 10.07.2019, 19.07.2019 (Annexures P-4, P-5 and P-8, respectively).

2. The following questions were culled out for adjudication on merits of the controversy by the learned Single Judge:-

    “A) Whether in view of Clause (vi) of guideline No.9 (P-9), the action of the respondents to withdraw the benefit of freeship/EWS scholarship while considering the case of the petitioner as a compartment/re-appear candidate for 6 th Semester, is legally sustainable?

B) Whether the action of the respondents while not

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