Punjab & Haryana High Court Weekly Round-Up [March 03-March 09, 2025]

Nominal Index [Citations: 2025 LiveLaw (PH) 103 - 111]

Gurprabh Singh @ Prince v. State of Punjab 2025 LiveLaw (PH) 103

COMPUTER TEACHERS WELFARE SOCIETY(REGD) Vs STATE OF PUNJAB AND ORS LiveLaw (PH) 104

ABCD v. State of Haryana LiveLaw (PH) 105

Navneet Chauhan and others v. State of Haryana and another LiveLaw (PH) 106

 ARJUN SINGH AND OTHERS v. STATE OF HARYANA AND OTHERS LiveLaw (PH) 107

Gaurav Sorot v. State of Haryana and others LiveLaw (PH) 108

 Navdeep Singh and another v. State of Punjab and others LiveLaw (PH) 109

 Pawan Kumar v. Inspector (Preventive), Central Goods and Services Tax LiveLaw (PH) 110

JAGMAL SINGH JATAIN v. DISCIPLINARY COMMITTEE, BAR COUNCIL OF INDIA LiveLaw (PH) 111

Reports

[NDPS Act] Bar On Bail U/S 37 Can Be Relaxed When Contraband 'Marginally' Above Commercial Quantity: Punjab & Haryana High Court

Title: Gurprabh Singh @ Prince v. State of Punjab

Citation: 2025 LiveLaw (PH) 103

The Punjab & Haryana High Court has said that the bar on granting bail in case of commercial quantity under Section 37 of the NDPS Act can be relaxed when the alleged recovered contraband is "marginally above" the commercial quantity. Section 37 of the NDPS Act states that bail should not be granted to an accused unless the accused is able to satisfy twin conditions i.e. reasonable ground for believing that the accused is not guilty of such an offence and that the accused would not commit an offence or is not likely to commit an offence, if granted bail.

Computer Teacher Under Punjab IT Education Society Required To Be Governed By Civil Service Rules: Punjab & Haryana High Court

Title: COMPUTER TEACHERS WELFARE SOCIETY(REGD) Vs STATE OF PUNJAB AND ORS

Citation: 2025 LiveLaw (PH) 104

The Punjab & Haryana High Court has made it clear that the computer teachers recruited under the Punjab Information and Technology Education Society (PICTES) are required to be governed by the Punjab Civil Service (PCS) Rules.

Justice Sureshwar Thakur and Justice Vikas Suri said, "Reiteratedly since the letters of appointment have been issued in the name of the Governor of Punjab, therebys, there cannot be any subsequent thereto alteration in service conditions, as may be becomes envisaged in the Service Rules, 2024. If the said is done, it would be breaching the terms and conditions of the appointment letter, which would be grossly impermissible, as therebys the inviolable contract of employment would become breached."

'Remnants Should Not Haunt', Punjab & Haryana HC Directs Registry To Remove Man's Name From Records As FIR Against Him Was Quashed

Title: ABCD v. State of Haryana

Citation: 2025 LiveLaw (PH) 105

"When a person has been exonerated by the Court of his guilt, the remnants of such charge should not be allowed to haunt any such person", said the Punjab & Haryana High Court while directing its Registry to redact the name of a man who was accused in a FIR, which was later quashed.

The petitioner stated that he is a respectable man and despite clearing the interviews for employment in multinational companies, he didn't receive the offer letter because his name was available on e-courts portal as an accused in a criminal case.

[SC/ST Act] Victim Belonging SC/ST Community Not Sufficient To Attract Offence Without Intention To Humiliate Due To Caste Identity: P&H High Court

Title: Navneet Chauhan and others v. State of Haryana and another

Citation: 2025 LiveLaw (PH) 106

The Punjab & Haryana High Court has set aside charges framed under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, observing that the offence cannot be attracted merely on the ground that the victim belongs to the SC/ST community without intention to humiliate him due to his caste.

Can't Sit Over Expert Panel Report Unless Malice Is Alleged: High Court Rejects Plea Challenging Haryana PGT Teacher Exam Answer Key

Title: ARJUN SINGH AND OTHERS v. STATE OF HARYANA AND OTHERS

Citation: 2025 LiveLaw (PH) 107

The Punjab & Haryana High Court dismissed the plea challenging the screening test question paper for the post of Post Graduate Teacher (PGT) (Chemistry) and its final answer key published in October 2024 noting that the expert committee has already been formed and Court cannot sit over it, unless there is an allegation of malice.

Qualifying NET Is Minimum Criteria For Asst Professor Extension Lecturer Holding M.Phil Has No Right To Continue: Punjab & Haryana HC

Title: Gaurav Sorot v. State of Haryana and others

Citation: 2025 LiveLaw (PH) 108

The Punjab & Haryana High Court has made it clear that extension lecturer holding M.Phil degree who have not qualified UGC NET has no right to continue in service and is required to be relieved from service.

Procrastination Greatest Thief Of Time, High Court Rejects Plea Of Punjab Judiciary Aspirants Whose Selections Were Cancelled Back In 2002

Title: Navdeep Singh and another v. State of Punjab and others

Citation: 2025 LiveLaw (PH) 109

The Punjab and Haryana High Court has dismissed the plea of two judiciary candidates, whose selection was cancelled in 2002 for alleged involvement in recruitment scam, seeking appointment.

Chief Justice Sheel Nagu and Justice Sumeet Goel cited delay on part of the candidate in approaching the Court, after they were acquitted in the corruption case in 2016.

Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail

Title: Pawan Kumar v. Inspector (Preventive), Central Goods and Services Tax

Citation: 2025 LiveLaw (PH) 110

Observing that the case shows "distressing picture of the criminal justice system's failure", the Punjab & Haryana High Court has set aside condition to pay Rs.1.10 crore in bail bond for granting default bail to an accused in Tax Fraud case.

The Court noted that the accused has been in custody for the past 4 years, 01 month and 20 days, while the maximum sentence for the alleged offences is 5 years.

Advocates Act | BCI Cannot Entertain Appeal Against Order Of State Bar Council's Disciplinary Committee When Probe Is Pending: Punjab & Haryana HC

Title: JAGMAL SINGH JATAIN v. DISCIPLINARY COMMITTEE, BAR COUNCIL OF INDIA

Citation: 2025 LiveLaw (PH) 111

The Punjab & Haryana High Court has made it clear that Bar Council Of India (BCI) cannot entertain appeal from interim order of the State Bar Council's disciplinary committee when the probe is pending and no punishment is imposed.

Other Developments

Punjab & Haryana HC Directs Union To 'Most Sympathetically' Consider Plea Of Pakistan-Born Minor Staying With Divorced Indian Mother

Title: XXXX v. UOI

The Punjab & Haryana High Court has directed the Union Government to decide representation for the extension of stay of a 5-year-old Pakistan-born girl who is currently staying with her mother in India. The mother got married to a Pakistani citizen in 2019 but later got divorced and returned to India. The minor girl was born in Pakistan and is, therefore, a Pakistani citizen. The girl's father was making an effort for the custody; however, the child, being young, wanted to stay with her mother in India.

'Serious Matter, HC Order Fabricated To Get Interim Relief': Punjab & Haryana High Court Directs Police Enquiry, Issues Contempt Notice

Antriksh Vs. Manoj Kumar and others

The Punjab and Haryana High Court has initiated contempt proceedings and directed a police inquiry against litigants who were found to have fabricated the High Court's order to claim that they had received an interim stay on a partition proceeding.

While issuing a contempt notice, Justice Harsh Bunger said, “Apparently, the original order... passed by this Court in CWP No.31164 of 2024 has been fudged/forged and fabricated, which is indeed a serious matter and requires to be thoroughly investigated/inquired into.”

Amritpal Singh Not Served Notice In Dibrugarh Jail In Election Plea Despite Repeated Efforts: P&H High Court Asks Gauhati HC Registrar General To Faciliate

Title: Vikramjit Singh v. Election Commission of India and others

The Punjab & Haryana High Court has asked Gauhati High Court's Registrar General to facilitate the service of notice to NSA detainee MP Amritpal Singh, who is currently lodged in Dibrugarh Jail. The Court noted that as per the office report, repeated efforts to serve the respondent through the Jail Superintendent have not been successful. Justice Anil Kshetarpal said, “Keeping in view the aforesaid facts, the Registrar General, Gauhati High Court is requested to facilitate the service of notice upon respondent No.4, a detenue who is lodged in Central Jail, Dibrugarh.”

Demolition Of Alleged Drug Peddler's Houses In Punjab | HC Seeks Reply Of State In Plea Seeking Implementation Of SC's Ruling On “Bulldozer Justice”

Title: PEOPLE WELFARE SOCIETY v. STATE OF PUNJAB AND OTHERS

The Punjab & Haryana High Court today sought a response from the Punjab Government and other authorities on a Public Interest Litigation (PIL) filed seeking the implementation of guidelines issued by the Supreme Court against bulldozer action and provisions of NDPS Act, following the reported demolition drive by the Punjab Police of drug peddler's property.

Committee For Granting Leave To MPs From Attending Lok Sabha Session Has Considered Cases Of Absentees: Centre Tells P&H HC In Amritpal Singh's Plea

Case Title: Amritpal Singh v. UNION OF INDIA

The Union Government informed the Punjab and Haryana High Court on Tuesday (March 04) that a committee for granting leave to Members of Parliament (MP) from attending sessions of the house met on March 03 and considered the cases of all the absent MPs, including Amritpal Singh.

High Court Objects To Engagement Of Private Lab For Conducting MRI, CT Scans In Punjab's Govt Hospital

Case Title: Bhisham Kinger v. State of Punjab and others

The Punjab and Haryana High Court has objected to the engagement of a private path lab for conducting basic tests like MRI, CT scans for a government hospital. A division bench of Chief Justice Sheel Nagu and Justice Sumeet Goel remarked, "This Court fails to understand as to why a private Laboratory is required to be engaged, when the State is duty bound under its sovereign function of providing basic health care facilities (which includes purchase of CT scan and MRI machines), which in present times are necessities of modern time hospital amenities to be available at District as well as Sub Division level hospitals."

Projects Of National Importance Can't Be Halted Due To Delay In Settling Award For Land-Losers: Punjab & Haryana High Court In NHAI's Plea

Title: NATIONAL HIGHWAY AUTHORITY OF INDIA AND ANR VS STATE OF PUNJAB AND ORS

Observing that project of national importance should not be halted due to lackadaisical approach of authorities, the Punjab and Haryana High Court has directed the Punjab government to ensure the encumbrance-free possession of land for national highway projects, including the Delhi-Katra Expressway.

Girls From Punjab Villages Dropping Out Due To Far-Away Schools: High Court Seeks Fresh Affidavit From State Govt On Girls Schools

Title: Court on its own motion v. State of Punjab through its Chief Secretary

The Punjab & Haryana High Court sought fresh Affidavit from the Punjab Government on suo moto cognizance of village girl students dropping out of schools due to non-availability of schools and infrastructure along Punjab's Patiala-Rajpura Highway.