Virendra Singh vs Managing Committee Haryana ...
2018 Latest Caselaw 3503 Del

#1

        IN THE HIGH COURT OF DELHI AT NEW DELHI


                                              Judgment delivered on: 01.06.2018

LPA 279/2017

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
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
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

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