IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 15872 of 2009 Date of Decision 15.10.2009. Naraini Educational & Charitable Society (NECS) and another --Petitioners Versus Kurukshetra University, Kurukshetra and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. U.K. Agnihotri, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. Balram Gupta, Sr. Advocate with Mr. Shireesh Gupta, Advocate, who is present in the Court has been asked to accept notice on behalf of the Kurukshetra University and M.D. Uniersity, Rohtak as well. The order impugned in this petition was also subject matter of challenge in a bunch of writ petitions, the main case being CWP No. 10761 of 2009. These writ petitions were allowed vide order dated 7.10.2009, wherein the following directions have been issued:- “ I have carefully perused direction No.iii noticed hereinabove passed by a Division Bench of this Court. From the perusal of the above direction, it appears that the Hon'ble Division Bench of this Court directed the petitioners-Colleges to make admissions by 5th December, 2008 and to submit the lists of the admitted students to the University. There is nothing in the direction to make it mandatory for the petitioners-Colleges to submit the lists also by the same date. To the contrary, it appears that the only mandate of the Court was to make admissions by 5th December, 2008 and, CWP. No. 15872 of 2009 -2- thereafter, to submit the lists. This intention is clear from the following lines in the order of this Court:- “......We make it clear that the institutions shall not grant any admission to any candidate after 5th December, 2008 for the academic session 2008-09”. The mandate is, thus, to make admissions by 5th December, 2008. The first part of the order only directs to make admissions by 5th December, 2008 and to submit a list. There is nothing in the order of Division Bench which can suggest the submission of the lists by 5th December, 2008, which otherwise could not even be practicable. It appears that the University has wrongly interpreted the Court order. The true spirit and the mandate of the order was to make admissions by 5th December, 2008 and not thereafter in any eventuality. Except non filing of the lists by 5th December, 2008, there is no allegation that any of the petitioners-College have made admissions beyond the cut off date prescribed by this Court or violated any other direction given by a Division Bench of this Court. Thus, I am of the considered opinion that the orders impugned in all these writ petitions are not sustainable in law and are based upon totally misconstruction, misconception and misunderstanding of the Court order. The same are liable to be quashed. I order accordingly. Vide interlocutory orders passed in different petitions, operation of the impugned order was stayed. Consequently, the petitioners have made admissions and the students are continuing with their studies. CWP. No. 15872 of 2009 -3- The admissions made by the petitioners-Colleges shall stand regularised and affirmed. All these writ petitions are allowed.” This petition is accordingly disposed of in terms of the aforesaid judgement. (PERMOD KOHLI) JUDGE 15.10.2009 lucky