CWP No. 14966 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 14966 of 2008 Date of decision: 21.02.2011 Pawandeep Singh son of Gurnaib Singh ......PETITIONER VERSUS State of Punjab and others ….. RESPONDENTS CORAM:HON’BLE MR. JUSTICE RANJAN GOGOI, CHIEF JUSTICE HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Surender Pal, Advocate, for Mr. Parkash Mehra, Advocate, for the petitioner. Ms. Madhu Dayal, Addl. A.G. Punjab, for respondents No. 1 to 3. Mr. Munish Jolly, Advocate, for respondent No. 4. Mr. Upender Prasher, Advocate, for respondent No. 5. Mr. Amit Rawal, Advocate, for respondent No. 6. None for respondent No. 7. *** RANJAN GOGOI, CJ (Oral) The petitioner-Pawandeep Singh was admitted in the respondent No. 7-College to undergo the B.Sc. Nursing Course for the session commencing from the year 2005. After admission, a dispute CWP No. 14966 of 2008 2 appears to have cropped up between the petitioner and respondent No. 7- College with regard to the quantum of fee to be paid by the petitioner. Over the said issue, by an order dated 28.05.2008, the No Objection Certificate given by the Government to the respondent-College for running the B.Sc. Nursing Course was cancelled. Subsequently, by another order dated 02.07.2008 (Annexure P-4), the earlier order dated 28.05.2008 was revoked. The said revocation order was passed on the assurance given on behalf of the institution that in future, no such incident would occur. Challenging the order dated 02.07.2008 (Annexure P-4), the petitioner has instituted the present Public Interest Litigation contending inter-alia that the College be debarred from making admissions in future and also seeking the migration of the students. A detailed written statement has been filed on behalf of the College, wherefrom it appears that the petitioner had been allowed to migrate to another College i.e. College of Nursing, Rajindra Hospital, Patiala. By this time, the petitioner must have obtained refund of the fee paid by him to respondent No. 7-College and must have completed the B.Sc. Nursing Course. In the written statement filed by the State, it has been averred that a Nodal Agency headed by a retired Judge of the High Court has been constituted to oversee such matters and ensure that the Colleges conduct themselves in accordance with the prevailing norms with regard to fee. If the petitioner has completed his course by this time and he has obtained refund of the fee paid to respondent No. 7-College and there are no complaints with regard to any similar incident involving the respondent No. 7-College, we fail to see how any orders interfering with Annexure P-4 order will be justified by us. As the respondent No. 7- College, as it appears from the written statement, is running such courses CWP No. 14966 of 2008 3 for long the said respondent, in our considered view, ought not to be affected any adverse order at this stage. For the aforesaid reasons, the Public Interest Litigation should not be entertained any further. Accordingly the same stands disposed of in the above terms. It is clarified that if any fee paid by the petitioner is still due by respondent No. 7-College, the same shall be refunded to the petitioner. ( RANJAN GOGOI ) CHIEF JUSTICE ( AUGUSTINE GEORGE MASIH ) JUDGE February 21, 2011 pj