IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 1093 of 2009 Decided on : 23.01.2009 Jaswinder Singh and another ...Petitioners versus State of Punjab and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Rajinder Sharma, Advocate, for the petitioner. SURYA KANT, J. (ORAL) Notice of motion. Mr. G. S. Attariwala, Additional AG, Punjab accepts notice. In view of the nature of controversy involved in the present case, learned State counsel submits that there is no need to file reply. The petitioners seek quashing of order dated 09.05.2008 (Annexure P-7) whereby a statutory appeal purported to have been filed under Section 18 of the Punjab Medical Registration Act, 1916, has been returned by the office of the Secretary, Department of Medical and Research Education, Government of Punjab, on the ground that no such appeal is maintainable. C.W.P No. 1093 of 2009 -2- Having heard learned counsel for the parties for some time, I am of the considered view that the impugned order cannot sustain in law. Since the petitioners have filed the appeal under a Statute, the quasi-judicial authority was obligated to hear them and then only to determine as to whether or not the appeal was maintainable. No such view could have been formed through a ministerial act. For the reasons afore-stated, the writ petition is allowed. The impugned order dated 09.05.2008, Annexure P-7, is set aside and the Principal Secretary, Government of Punjab, Research and Medical Education Department is directed to hear the petitioners and thereafter to decide as to whether or not the appeal preferred by them is maintainable. The petitioners are directed to appear before the Appellate Authority on 13.02.2009. JANUARY 23, 2009 (SURYA KANT) shalini JUDGE