All Saints High School And Another v. Director Of School Education And Others

All Saints High School And Another v. Director Of School Education And Others

(Supreme Court Of India)

Civil Appeal No. 3315 Of 1981 | 09-12-1981

1. Mr Nariman who appears on behalf of the appellants says that the High Court has perhaps passed the impugned order dated November 20, 1981 under a misapprehension. We are not quite sure whether Mr Nariman is justified in making this submission because we are informed that the High Court passed its order in open court in the presence of both the counsel. All the same, we see no objection to the High Court disposing of the writ petition without awaiting the judgment of the Director in appeal, especially in view of the fact that Mr Nariman says that the main question which he wants to urge is that the Director has no jurisdiction to entertain and hear the appeal against the order of dismissal passed against the teachers. Mr Nariman says that the question of jurisdiction of the Director to entertain the appeal can be disposed of by the High Court in the writ petition pending before it and that the appellants do not want to argue the appeal before the Director at all. We, therefore, direct that the High Court may dispose of the petition without awaiting the result of the appeal which is pending before the Director. The High Court seems to have fixed January 20, 1982, as the date for hearing the appeal. We hope that it will be able to take up the matter on that date.

2. Nothing said by us in this Order may influence the judgment of the High Court on the merits of the case.

3. The interim order of the High Court regarding payment of a part of the salary to the teachers with effect from July 1, 1981 will stand undisturbed.

Advocate List
Bench
  • HON'BLE JUSTICE Y.V.CHANDRACHUD (CJI)
  • HON'BLE JUSTICE D.A. DESAI
  • HON'BLE JUSTICE A. N. SEN
Eq Citations
  • (1982) 2 SCC 446
  • LQ/SC/1981/451
Head Note

Education and Universities — Service matters — Appeal — Jurisdiction of Director to entertain appeal against order of dismissal — Held, question of jurisdiction of Director to entertain appeal can be disposed of by High Court in writ petition pending before it — High Court may dispose of writ petition without awaiting result of appeal which is pending before Director — Interim order of High Court regarding payment of a part of salary to teachers with effect from July 1, 1981, to stand undisturbed — Administrative Law — Administrative Tribunals — Administrative Tribunals Act, 1985 — S. 19 — Jurisdiction of Director to entertain appeal