M.P. Madhyamik Shikshak Sangh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8689 MP

                                                                       1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                      BEFORE
                                                       HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                                  CHIEF JUSTICE
                                                                         &
                                                       HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                               ON THE 30th OF JUNE, 2022

                                                           WRIT APPEAL No. 556 of 2022

                                              Between:-
                                              M.P.   MADHYAMIK     SHIKSHAK    SANGH
                                              THROUGH SHRI LAXMAN BAHADUR THE
                                              GENERAL SECRETARY 338, PURVAYOU TORI
                                              SAGAR, DISTRICT SAGAR (MADHYA PRADESH)

                                                                                                   .....APPELLANT
                                              (BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE WITH SHRI
                                              HARISH CHANDRA SINGH - ADVOCATE)

                                              AND

                                       1.     THE STATE OF MADHYA PRADESH THROUGH
                                              THE   PRINCIPAL   SECRETARY   SCHOOL
                                              EDUCATION DEPARTMENT VALLABH BHAWAN
                                              BHOPAL (MADHYA PRADESH)

                                       2.     THE    PRINCIPAL    SECRETARY FINANCE
                                              D EPARTM EN T GOVERNMENT OF MADHYA
                                              PRADESH   VALLABH    BHAWAN   BHOPAL
                                              (MADHYA PRADESH)

                                       3.     THE COMMISSIONER PUBLIC INSTRUCTIONS
                                              MADHYA   PRADESH   BHOPAL   (MADHYA
                                              PRADESH)

                                                                                                .....RESPONDENTS

(BY SHRI AMIT SETH - DEPUTY ADVOCATE GENERAL)

This appeal coming on for admission this day, Hon'ble Shri Justice Ravi Malimath, Chief Justice passed the following:

Signature Not Verified
  SAN                                                                   ORDER
Digitally signed by TAJAMMUL HUSSAIN

Shri Amit Seth - Deputy Advocate General takes notice for respondents. KHAN Date: 2022.07.02 12:27:43 IST

Aggrieved by the order dated 06.04.2022 passed by the learned Single

Judge in dismissing the Writ Petition No.15449 of 2015, the petitioner is in appeal.

The primary plea of the appellant is that he was not heard while the order was passed. That the matter was transferred due to the absence of a particular Judge to another Court. The same was taken up and finally heard and reserved for orders along with a batch of cases. Three days thereafter, an application was filed bringing to notice the facts of the case and requesting for hearing of the matter. Apparently, no judicial order has been passed on the said application. Hence, he pleads that he may be given an opportunity to make out his case before the learned Single Judge.

The same is disputed by Shri Amit Seth, learned Deputy Advocate General appearing for the respondents. He pleads that the presence of the counsel was also noted in the impugned order, therefore, he cannot have any grievance. If at all any grievance subsists, it can be entertained only by filing a review petition.

However, on hearing learned counsel, we are of the view that appropriate interference is called for. Irrespective of the fact whether the matter was transferred from another Court or not, primarily the counsel should have been heard before passing the impugned order. Notwithstanding the same, within three days after the judgment was reserved, an application was filed seeking leave to address arguments. Apparently, no order has been passed even on that date.

We are of the view that the learned Single Judge should have considered Signature Not Verified SAN the said application.

Digitally signed by TAJAMMUL HUSSAIN KHAN However, there is also no material to indicate whether the said application Date: 2022.07.02 12:27:43 IST

was placed before the learned Single Judge or not.

Be that as it may, the application filed would clearly indicate the intention of the appellant to address arguments before the concerned Court. Therefore, we find that the interest of the appellant would be affected by the impugned order.

Hence, for all these reasons, the appeal is allowed. The order dated 06.04.2022 passed by the learned Single Judge in Writ Petition No.15449 of 2015 is set aside, in so far as the writ-petitioner/appellant is concerned only on the aforesaid ground.

Writ Petition No.15449 of 2015 is restored to its file, to be considered by the learned Single Judge.

The writ appeal is accordingly disposed off.

                                             (RAVI MALIMATH)                                           (VISHAL MISHRA)
                                               CHIEF JUSTICE                                                JUDGE
                                       taj




Signature Not Verified
  SAN




Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2022.07.02 12:27:43 IST