Allahabad High Court
Committee Of Management Pt. Jawahar Lal ... vs State Of U.P. And 3 Others on 19 October, 2020
Author: Govind Mathur
Bench: Govind Mathur, Siddhartha Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 523 of 2020 Appellant :- Committee Of Management Pt. Jawahar Lal Nehru Akhand Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Siddharth Khare,Ashok Khare ( Sr. Advocate) Counsel for Respondent :- C.S.C.,Shivendu Ojha Hon'ble Govind Mathur,Chief Justice Hon'ble Siddhartha Varma,J.
This appeal is preferred challenging the correctness of the order dated 26.06.2020 passed by the learned Single Bench in Writ-A No.4894 of 2020.
It is submitted by the learned counsel appearing on behalf of the appellant that vide order impugned, learned Single Bench has stayed the operation of the order dated 22.04.2020 passed by the Manager, Pandit Jawahar Lal Nehru Akhand Inter College, Chandwara, Banda and the order dated 03.06.2020 passed by the District Inspector of Schools, Banda and further permitted the respondent-petitioner to function as officiating Principal. An interim direction was also given to make payment of salary to the petitioner. It is asserted that the order in the terms passed virtually amounts to acceptance of writ petition in absence of the party affected.
Admittedly, the order dated 26.06.2020 is an ex-parte interim order. To get such interim order vacated, the petitioner is having a constitutional remedy under Article 226(3) of the Constitution of India.
In view of the provision aforesaid, we do not find any just reason to interfere in the matter in our Appellate jurisdiction.
The appeal is disposed of with a liberty to the petitioner to move an application under Article 226(3) of the Constitution of India and if such an application is preferred by the appellant or any party affected, the same shall be listed before the Court for consideration before expiry of 14 days from the date of the presentation.
Order Date :- 19.10.2020 Siddhant (Govind Mathur,C.J.) (Siddhartha Varma,J.)