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Judgment
Ajoy Nath Ray, C.J. and Ashok Bhushan, J.—This is an appeal from an interim order passed by an Hon''ble Judge in aid of a writ application filed by the Respondents. The order is dated 20th June, 2005. The effect of the said order is to stay the recognition granted to the present committee of management and as a result thereof, were the impugned order to stand, the District Inspector of Schools would immediately take over the day to day management.
The learned Judge has remarked at the beginning of the order that Respondent No. 2, one Smt. Maya Niranjan, appeared to fill two capacities, namely that of Deputy Director of Education as well as that of the Joint Director of Education. However, the reason for passing of the drastic order of stay is not clearly the filling of two capacities by the same person, which may be unusual but is not in any manner illegal, at least not yet so pronounced even by the learned single Judge. His Lordship was deeply swayed by the fact that two caveat applications appeared to have been filed by the Appellant, who is the manager of the committee of management, without having got the order of recognition yet served upon the successful committee. His Lordship then said it is obvious that the order has been passed and dispatched in serious suspicious circumstances as indicated hereinabove....
Affidavits were thus called for and because of the suspicion entertained by his Lordship the whole order of stay was passed.
We are afraid, and we say this with greatest of respect that his Lordship has misconstrued the basic purpose of a caveat. A caveat is filed on an apprehension. The apprehension might be of various types. It might be in relation to litigation which is apprehended to be filed in regard to rights which already exist, or it might be in apprehension of litigation which is likely to be filed in defiance of rights which are about to accrue. The present caveat is of the second type. The committee of management was expecting recognition. The present manager has been the manager previously. It does not appear that there exists an alternative committee, which have had a closely contested election and by one means or the other the present committee has managed to obtain recognition behind the back of the other group.
Our order and observations are without prejudice to the rights and contention of the parties and subject to the decision which will be taken on merits on affidavits in the court below.
We find that the time for filing affidavits there has run out. It is for the concerned Respondents in the writ petition to obtain extension of time by making appropriate prayers before the learned single Judge. It will be in his Lordships discretion to decide whether further time is granted or affidavits will be shut out.
The order under appeal is set aside. The appeal is allowed. The success of the appeal from the interim order will in no manner fetter the discretion of the Hon''ble single Judge in deciding upon the merits of the writ in substance.
No order as to costs.