Akhilesh Kumar Saxena vs Director of Education (Secondary), U.P., Lucknow and others

Bhanwar Singh, J.—Standing Counsel appears for respondents 1 to 6. Sri S. Chandra appears for respondent No. 7.

The present Special appeal has been received by nomination.

We have heard the learned counsel for the parties. With their agreement this Special Appeal is being disposed of finally at this stage as no contentious issue is involved in it. The appellant approached this court under Article 226 of the Constitution seeking relief of issuance of a writ in the nature of certiorari quashing the order dated 9.4.99 by the Authorised Controller by which he has appointed opposite party No. 7 as Principal of the institution. Initially the court while issuing notice also stayed operation of the order by order dated 17.4.99 which was further followed by another order dated 7.5.99. The opposite parties put in appearanceand counter affidavit. On 27.5.99 the learned Single Judge dismissed the petition on the ground of alternative remedy and the interim orders granted earlier were discharged.

The only grievance raised before this court in appeal is that Since the petition was entertained and the parties have exchanged their affidavits, the court could have disposed of the matter instead of relegating the petitioner to seek alternative remedy of appeal. Learned counsel Sri S. Chandra appearing for opposite party No. 7 has contended that since an appeal against the impugned order was available, the appellant could have filed the appeal.

We have considered the submissions and we find that once the court has entertained the petition and interfered with the impugned order staying its operation, after exchange of the affidavit, the court could have disposed of the matter finally instead of dismissing the writ petition on the ground of alternative remedy. In view of this, we allow the Special Appeal and set aside the order dated 27.5.99 with the observation that the writ petition be disposed of finally after hearing on merits the parties. Status quo available as on the date of filing the writ petition shall be maintained till the order of status quo is modified by the learned Judge.