High CourtsDivision Bench(2022) 03 SHI CK 0048

Dr. Dharam Pal Singh vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 21 March 2022

HON’BLE JUDGES
Mohammad Rafiq, CJ · Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
Letters Patent Appeal No. 107 Of 2021

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Judgment

7 paragraphs · 249 words

Mohammad Rafiq, J

1.

This appeal is directed against order dated 29.07.2021, passed by the Single Judge, in CWP No. 2380 of 2021, by which the writ petition filed by the appellant-petitioner praying for issuance of a writ of quo warranto as to eligibility of respondent No. 4, who was appointed as Vice Chancellor of Himachal Pradesh University, Shimla, was dismissed.

2.

Learned Advocate General has placed on record a copy of communication dated 19th March, 2022, addressed to Prof. Sikander Kumar by the Secretary to Governor, Himachal Pradesh showing that His Excellency the Governor (Cancellor), H.P. University has accepted the resignation submitted by respondent No. 3-Prof. Sikander Kumar.

3.

In that view of the matter, the present appeal need not be decided on merits, as the question of issuance of quo warranto has been rendered academic.

4.

However, the appellant, who appears in person, submits that the correctness of the questions decided by the Single Judge, needs to be tested in law or else the impugned judgment might to be in future used as a precedent.

5.

This Court would not enter into academic issues, however, considering the submissions made by the appellant, the issues raised in the present appeal regarding the correctness of the findings recorded in the impugned judgment are left open in law. It is made clear that the impugned judgment shall not be treated as a precedent in future. The appeal is accordingly disposed of.

6.

Pending application(s), if any, also stands disposed of.