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Supreme Court - Daily Orders

Navodaya Vidyalaya Samiti And Ors Etc. ... vs Afshan Khan And Ors Etc. Etc. on 1 May, 2017

Bench: Kurian Joseph, R. Banumathi

                                                                                                NON-REPORTABLE
                                             IN THE SUPREME COURT OF INDIA
                                              CIVIL APPELLATE JURISDICTION

                                       CIVIL APPEAL NOS.5819-5822 OF 2017
                              [@ SPECIAL LEAVE PETITION (C) NOS.12616-12619/2017]

                         NAVODAYA VIDYALAYA SAMITI AND ORS ETC. ETC.                             APPELLANT(S)

                                                                VERSUS

                         AFSHAN KHAN AND ORS ETC. ETC.                                           RESPONDENT(S)

                                                      J U D G M E N T

KURIAN, J.

Issue notice.

2. Mr. Gopal Sankaranarayanan, learned counsel, appears and waives notice for all the respondents on behalf of Ms. Rakhi Ray, Advocate-on-Record.

3. Leave granted.

4. With the consent of the learned Solicitor General of India appearing for the appellants and Mr. Gopal Sankaranarayanan, learned counsel appearing for the respondents, these appeals are disposed of at the admission stage.

5. The appellants are before this Court, aggrieved by the interim order passed by the High Court in effect directs of reinstatement of the respondents during the pendency of these appeals.

6. In the background of the case including the order passed by this Court in C.A. No.4416 of 2016, we are of the view that the High Court could not have granted interim order for reinstatement.

7. Therefore, these appeals are disposed of as follows:-

i. We request the High Court of Madhya Pradesh, Signature Not Verified Bench at Jabalpur to dispose of Writ Petition No.19101 of 2016 and connected matters Digitally signed by NARENDRA PRASAD Date: 2017.05.05 11:15:29 IST Reason: expeditiously, preferably within a period of eight weeks from the date of production of a copy of this judgment.
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ii. Till the order is passed by the High Court in the writ petition as above, the respondents are not to be taken back for work.

8. Pending applications, if any, shall stand disposed of.

9. There shall be no orders as to costs.

.......................J. [KURIAN JOSEPH] .......................J. [R. BANUMATHI] NEW DELHI;

MAY 01, 2017.





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ITEM NO.31                       COURT NO.7                       SECTION IVA

                S U P R E M E C O U R T O F               I N D I A
                        RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).12616-12619/2017 (Arising out of impugned final judgment and order dated 24/11/2016 in WP No. 18886/2016 24/11/2016 in WP No. 19005/2016 24/11/2016 in WP No. 19024/2016 24/11/2016 in WP No. 19101/2016 passed by the High Court of M.P. at Jabalpur) NAVODAYA VIDYALAYA SAMITI AND ORS ETC. ETC. PETITIONER(S) VERSUS AFSHAN KHAN AND ORS ETC. ETC. RESPONDENT(S) (with interim relief and office report) Date : 01/05/2017 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Ranjit Kumar,SG Mr. S. Rajappa,Adv.
For Respondent(s) Mr. Gopal Sankaranarayanan,Adv.
Mr. Varun Tankha,Adv.
Mr. Vaibhav Gulia,Adv.
Mr. Ashish Tiwari,Adv.
Ms. Rakhi Ray,Adv.
UPON hearing the counsel the Court made the following O R D E R Issue notice.
Mr. Gopal Sankaranarayanan, learned counsel, appears and waives notice for all the respondents on behalf of Ms. Rakhi Ray, Advocate-on-Record.
Leave granted.
The appeals are disposed of in terms of the signed judgment.
(NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR (Signed “Non-Reportable” Judgment is placed on the file) 3