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HARSH BUNGER
Shruti Bedi – Appellant
Versus
Panjab University, Sector 14, Chandigarh – Respondent
JUDGMENT
Mr. Harsh Bunger, J.
Petitioner (Shruti Bedi) has filed the instant writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of certiorari for quashing of order dated 31.05.2023 (Annexure P-13) appointing respondent No.6 as Director of University Institute of Legal Studies, Punjab University (respondent No.4).
A further prayer has been made for issuing a writ in the nature of Quo-Warranto against respondent No.6, who is stated to have usurped the public post of Director of University Institute of Legal Studies, having been appointed vide order dated 31.05.2023 (Annexure P-13) despite not being qualified as per the provisions of Rules of Legal Education, 2008.
Another prayer has been made for issuing a writ in the nature of mandamus directing respondent Nos.1 to 3 to appoint the petitioner as Director of respondent No.4-University Institute of Legal Studies, Punjab University, Chandigarh, being the senior-most eligible faculty member, as per the Rules of Legal Education, 2008 (Annexure P-2) read with Punjab University Rules of Headship of Teaching Departments of Punjab University Calendar, 2019 (Annexure P-1).
2. Briefly, the University
The appointment of the Director of a legal education institute must comply with the qualifications set by the Bar Council of India's Rules of Legal Education, 2008.
Point of Law : Irrespective of whether the University Acts under Entry 25 of List III or the Statutes framed there under are amended in line with the UGC Regulations or not, in view of its adoption b....
Point of law: A criterion which has the effect of denying a candidate his right to be considered for the post on the principle that he is having higher qualification than prescribed cannot be rationa....
Educational institutions - Approval and affiliation - Order of "additional Affiliation/consent of affiliation - Denial of additional affiliation/consent for affiliation to the Nehru Academy of Law is....
The main legal point established in the judgment is that the University's actions in limiting the intake of students and insisting on a NOC from the State Government were arbitrary and not justified ....
Eligibility for law course requires strict adherence to educational qualifications as set by the Bar Council of India, ruling out non-equivalent preparatory courses.
The main legal point established in the judgment is the distinction between the Bar Council of India's functions under Section 7(1)(h) and (i) of the Advocates Act, and the prohibition of offering ce....
THE BASEMENT AREA CAN BE INCLUDED IN THE FAR ONLY WHEN THE SAME IS USED FOR THE ACTIVITY FOR WHICH THE NECESSARY SANCTIONS AND CLEARANCES HAVE BEEN TAKEN FROM THE CONCERNED AUTHORITIES.
Writ of mandamus – Employment and service matter – Appointment of Principle of college - Selection Process - Appointment of Principal in College has to be as per recommendation of Selection Committee....
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