Jammu & Kashmir High Court - Srinagar Bench
Baramulla Public School vs District Legal Services Authority And ... on 3 July, 2024
Author: Javed Iqbal Wani
Bench: Javed Iqbal Wani
S. No. 160
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 1411/2024 CM No. 3800/2024
Baramulla Public School ...Petitioner/Appellant(s)
Through: Mr. Hamza Prince, Advocate with
Mr. Sajid Ahmad Bhat, Advocate.
Vs.
District Legal Services Authority and Anr. ...Respondent(s)
Through:
CORAM:
HON'BLE MR JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
03.07.2024 ORAL
1. Extraordinary as well as Supervisory writ jurisdiction of this Court is being invoked by the petitioner through the medium of instant petition seeking for quashing of order dated 01.06.2024 passed by the respondent 1 herein in the proceedings instituted by respondent 2 herein under and in terms of the provisions of the Mediation Act, 2023.
2. Perusal of the order under challenge reveals that the same has been passed as an interim measure by the Mediator against the petitioner herein being party non-applicant/respondent before the Mediator- The Secretary, District Legal Services Authority (Sub-Judge Baramulla).
3. Perusal of the order under challenge tends to show that the Mediator has taken cognizance of the case setup by the applicant/respondent 2 herein as also the facts and circumstances obtaining therein the case in general and in particular the educational career of the children of the respondent 2 herein who purportedly have had been discharged from the school by the petitioner herein on account of non-payment of fee and the discharge certificates of the said children of the respondent 2 have had been sent by the petitioner to him through speed post.
4. A closer examination of the impugned order reveals that during the pendency of the mediation process undertaken by the Mediator the petitioner school came to be directed to allow the children of the respondent 2 herein to attend their new classes notwithstanding the discharge certificates issued to them and the passing of the said direction essentially and seemingly has got warranted to the protection of the educational career of the children. The order per-se is interim in nature as has been noticed in the preceding paras and same also is evident from the order itself as the matter has been directed to come up for further proceedings on 25.05.2024 providing a chance to the petitioner to participate in the process of mediation undertaken by the Mediator. The order impugned indisputably has been passed after issuance of notice and hearing the petitioner herein.
5. Having regard to the aforesaid position obtaining in the matter, this Court is not inclined to exercise either Extraordinary or Supervisory jurisdiction in the matter. Resultantly the petition fails and is accordingly dismissed along with connected CM. Dismissed.
(JAVED IQBAL WANI) JUDGE SRINAGAR 03.07.2024 Ishaq