Full Text
Translation output
LPA 279/2017
#1 HIGH COURT OF DELHI
#1 HIGH COURT OF DELHI
JUDGMENT
delivered on: 01.06.2018 VIRENDRA SINGH ..... Appellant
versus
MANAGING COMMITTEE HARYANA SHAKTI SR SECONDARY SCHOOL & ORS ..... Respondents
Advocates who appeared in this case:
For the Appellant : Mr. Avadh Kaushik and Mr. Robin Singh, Advocates
For the Respondents : Mr. J.P. Sengh, Senior Advocate with Mr. Digvijay Rai, Mr. Pulkit Tyagi, Mr. Divyank Rana, Advocates for R-1
Mr. Jawahar Raja, ASC with Mr. Chinmay Kanojia, Advocate for R-2
& R-3
Advocates who appeared in this case:
For the Appellant : Mr. Avadh Kaushik and Mr. Robin Singh, Advocates
For the Respondents : Mr. J.P. Sengh, Senior Advocate with Mr. Digvijay Rai, Mr. Pulkit Tyagi, Mr. Divyank Rana, Advocates for R-1
Mr. Jawahar Raja, ASC with Mr. Chinmay Kanojia, Advocate for R-2
& R-3
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE VINOD GOEL
HON'BLE MR. JUSTICE VINOD GOEL
JUDGMENT
SIDDHARTH MRIDUL, J (ORAL)
CM APPL.22943/2018 (Stay)
The present application under Section 151 of the Code of Civil
Procedure, 1908 instituted on behalf of the applicant/respondent No.1 seeking stay of the operation of communication No.F.DDE/[NW-
B]/2017/Aided/HSSS/461-465 dated 12.06.2017 and the Show Cause Notice
2018:DHC:3718-DB dated 21.05.2018, both issued by the Directorate of Education.
Notice.
Mr. Avadh Kaushik, learned counsel accepts notice on behalf of non- applicant/appellant. Mr. Jawahar Raja, learned counsel accepts notice on behalf of non-applicants/respondents No.2 and 3.
With the consent of learned counsel appearing on behalf of the parties, the hearing of the accompanying Review Petition No.56/2018, in which the present application has been filed, is advanced.
In view of the foregoing, since the hearing of the accompanying
Review Petition No.56/2018 is advanced, the present application is disposed of as not pressed.
REVIEW PETITION No.56/2018 With the consent of the parties, the review petition is being taken up for hearing today.
The date already fixed i.e. 19.07.2018 stands cancelled.
The present review petition is predicated on the assertion that this
Court had not expressed any opinion on the merits of the case whilst disposing of the accompanying Letters Patent Appeal No.279/2017, filed on behalf of the appellant Virendra Singh, vide order dated 30.11.2017, since it was not pressed in view of the statement made on behalf of Directorate of
Education to the effect that they shall take steps, in accordance with law, to enforce their order dated 12.06.2017 in relation to the appellant.
Having heard learned counsel appearing on behalf of the parties, it is axiomatic that the Court had not expressed any opinion on the merits of the appeal and had permitted the appellant to withdraw the appeal, in view of the statement, as aforesaid, made on behalf of the Directorate of Education.
In this view of the matter, any party aggrieved by a decision of
Directorate of Education, was at liberty to assail the same, in accordance with law, when in any manner being prejudiced by enforcement of the said order dated 12.06.2017.
With the above clarifications, the review petition is disposed of.
SIDDHARTH MRIDUL
(JUDGE)
VINOD GOEL
(JUDGE)
JUNE 01, 2018 dn
The present application under Section 151 of the Code of Civil
Procedure, 1908 instituted on behalf of the applicant/respondent No.1 seeking stay of the operation of communication No.F.DDE/[NW-
B]/2017/Aided/HSSS/461-465 dated 12.06.2017 and the Show Cause Notice
2018:DHC:3718-DB dated 21.05.2018, both issued by the Directorate of Education.
Notice.
Mr. Avadh Kaushik, learned counsel accepts notice on behalf of non- applicant/appellant. Mr. Jawahar Raja, learned counsel accepts notice on behalf of non-applicants/respondents No.2 and 3.
With the consent of learned counsel appearing on behalf of the parties, the hearing of the accompanying Review Petition No.56/2018, in which the present application has been filed, is advanced.
In view of the foregoing, since the hearing of the accompanying
Review Petition No.56/2018 is advanced, the present application is disposed of as not pressed.
REVIEW PETITION No.56/2018 With the consent of the parties, the review petition is being taken up for hearing today.
The date already fixed i.e. 19.07.2018 stands cancelled.
The present review petition is predicated on the assertion that this
Court had not expressed any opinion on the merits of the case whilst disposing of the accompanying Letters Patent Appeal No.279/2017, filed on behalf of the appellant Virendra Singh, vide order dated 30.11.2017, since it was not pressed in view of the statement made on behalf of Directorate of
Education to the effect that they shall take steps, in accordance with law, to enforce their order dated 12.06.2017 in relation to the appellant.
Having heard learned counsel appearing on behalf of the parties, it is axiomatic that the Court had not expressed any opinion on the merits of the appeal and had permitted the appellant to withdraw the appeal, in view of the statement, as aforesaid, made on behalf of the Directorate of Education.
In this view of the matter, any party aggrieved by a decision of
Directorate of Education, was at liberty to assail the same, in accordance with law, when in any manner being prejudiced by enforcement of the said order dated 12.06.2017.
With the above clarifications, the review petition is disposed of.
SIDDHARTH MRIDUL
(JUDGE)
VINOD GOEL
(JUDGE)
JUNE 01, 2018 dn