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HIGH COURT OF DELHI
Date of Decision: 21.07.2025
GURVINDER SINGH SAINI .....Appellant
Through: Mr.Nikhilesh Kumar, Mr.Bhartendu Chaturvedi and
Mr.Mahesh Kumar, Advs.
Through: Mr.Abinash Kumar Mishra, Adv. for R-1 to R-3.
Mr.Gaurav Dhingra and Mr.Shashank Singh, Advs. for
R-4
HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL)
JUDGMENT
1. Allowed, subject to all just exceptions. CM APPL. 43172/2025
2. This application has been filed by the appellant seeking permission to file lengthy list of dates.
3. For the reasons stated in the application, the same is allowed.
4. The application stands disposed of.
5. This appeal has been filed challenging the Order dated 26.05.2025 passed by the learned Single Judge of this Court in W.P.(C) 404/2024, wherein the following question is to be considered on the next date of hearing:
6. The learned counsel for the appellant submits that it is no longer res integra that the correctness of an order imposing a minor penalty cannot be adjudicated by the Tribunal constituted under the Delhi School Education Act, 1973.
7. The learned counsel for the respondent no.4, who appears on advance notice, disputes the above submission.
8. We note that the Impugned Order has simply proposed the above question and has listed the matter for further hearing on 08.09.2025. The Impugned Order is, therefore, not a ‘judgment’ in terms of the judgment of the Supreme Court in Shah Babulal Khimji v. Jayaben D. Kania, (1981) 4 SCC 8, as it does not decide any issue, let alone issue of import for the appellant.
9. In view of the above, we find no merit in the present appeal. The same is, accordingly, dismissed.
NAVIN CHAWLA, J RENU BHATNAGAR, J JULY 21, 2025/ns/SJ