Board of Secondary Education vs C.W. Leiyachan and Others

G.B. Pattanaik J.-Leave granted.

This appeal is directed against an interim direction of the High Court of Gauhati, Imphal Bench. Though normally this Court does not interfere with an interim order in exercise of powers under Article 136 of the Constitution but in the case in hand, the interim order, on the face of it, is a perverse one and therefore there is no other alternative than to interfere with the same. The rights of the school to send students for appearing at the school-leaving certificate examination is the subject-matter of dispute. The learned Single Judge dismissed the petition filed by the respondents. The Division Bench while entertaining an appeal against the same passed the impugned direction even directing the appellants to declare the result of the candidates. This, on the face of it, is not in accordance with law. In that view of the matter, having heard the learned counsel for the appellants as well as the learned counsel for the respondents, we set aside the said interim direction of the Division Bench of the High Court. The appeal is allowed. The High Court is further requested to dispose of the appeal at an early date.