PAWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have filed this writ petition under Article 226/227 of the Constitution of India seeking the following substantive reliefs:

(2.) At the outset, it must be noticed that the respondents, apart from contesting the writ petition on merits, have objected to the maintainability of the writ petition in view of equally efficacious alternative remedy of appeal before the Educational Tribunal constituted under the Punjab Affiliated Colleges (Security of Service of Employees) Act, 1974 (hereinafter referred to as "the 1974 Act").

(3.) Keeping in view the aforesaid objection, this Court has heard learned counsel for the parties on the entire dispute. Since this Court is of the considered view that the petitioners have an alternative remedy, therefore, they are required to be relegated to the alternative remedy, hence, it would not be appropriate for the Court to make any observations on merits. Suffice to note that the petitioners claim to be contractual employees of D.A.V. College, Amritsar and they have been replaced by respondent No. 4 to 8 after the posts were advertised and the petitioners did participate in the selection process.