University of Jammu and ors Vs. Rajiv Gandhi College of Nursing - Court Judgment

SooperKanoon Citationsooperkanoon.com/983846
CourtJammu and Kashmir High Court
Decided OnFeb-01-2013
JudgeHon?ble Mr. Justice M. M. Kumar
AppellantUniversity of Jammu and ors
RespondentRajiv Gandhi College of Nursing
Excerpt:
high court of jammu and kashmir at jammu. lpata no. 2 of 201.university of jammu and ors petitioners rajiv gandhi college of nursing respondent !mr. priyesh sharma, advocate vice mr. w. s. nargal, advocate ^mr. v. b. gupta, advocate honble mr. justice m. m. kumar, chief justice date:01. 02.2013 : : m. m. kumar, cj 1.the letters patent appeal has been filed by rajiv gandhi college of nursing, jammu before the srinagar wing of the high court against an interim order dated 19.10.2012 passed in cma no. 204/2012 in owp no. 1457/2012. there was an administrative reason compelling the rajiv gandhi college of nursing to prefer the letters patent appeal at srinagar wing of the high court as the division bench was not available at jammu when the appeal was filed. however, the instant application has been filed by the university of jammu with a prayer that the letters 2 patent appeal be transferred to the jammu wing of the high court.2. i have heard learned counsel for the applicant at some length and am of the view that there is no merit in the instant application. once on administrative ground the prayer has been allowed and the appeal was permitted to be filed in the srinagar wing of the high court then it is not possible to keep on tossing the appeal from one wing to another. the university of jammu has been defending the cases at srinagar wing also. it would not result in any inconvenience if the present appeal is also contested by the university of jammu at the srinagar wing of the high court. accordingly, the application fails and the same is dismissed. (m. m. kumar) chief justice jammu, 01.02.2012 parshant 
Judgment:

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPATA No. 2 OF 201.University of Jammu and ors Petitioners Rajiv Gandhi College of Nursing Respondent !Mr. Priyesh Sharma, Advocate vice Mr. W. S. Nargal, Advocate ^Mr. V. B. Gupta, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Date:

01. 02.2013 :

: M. M. Kumar, CJ 1.The Letters Patent Appeal has been filed by Rajiv Gandhi College of Nursing, Jammu before the Srinagar Wing of the High Court against an interim order dated 19.10.2012 passed in CMA no. 204/2012 in OWP no. 1457/2012. There was an administrative reason compelling the Rajiv Gandhi College of Nursing to prefer the Letters Patent Appeal at Srinagar Wing of the High Court as the Division Bench was not available at Jammu when the appeal was filed. However, the instant application has been filed by the University of Jammu with a prayer that the Letters 2 Patent Appeal be transferred to the Jammu Wing of the High Court.

2. I have heard learned counsel for the applicant at some length and am of the view that there is no merit in the instant application. Once on administrative ground the prayer has been allowed and the appeal was permitted to be filed in the Srinagar Wing of the High Court then it is not possible to keep on tossing the appeal from one wing to another. The University of Jammu has been defending the cases at Srinagar Wing also. It would not result in any inconvenience if the present appeal is also contested by the University of Jammu at the Srinagar Wing of the High Court. Accordingly, the application fails and the same is dismissed. (M. M. Kumar) Chief Justice Jammu, 01.02.2012 Parshant