Committee of Management, Shri Lal Bahadur Shashtri Junior High School vs Bapu Shiksha Samiti and Others

The impugned order of the learned Single Judge which is of an interlocutory nature furnishes absolutely no reason as to why the learned Single Judge has stayed the operation of the order dated 29 May 2015 passed by the District Basic Education Officer, Gorakhpur. The order neither records the submission nor does it carry any prima facie evaluation of facts. Even at the interlocutory stage, it is necessary for the Court to bear in mind the basic principles governing the grant of an interim injunction, namely, the issue of a prima facie case, balance of convenience and irreparable harm. Absent any reason whatsoever, neither the parties nor, for that matter, the appellate Court would have the benefit of understanding the basis on which the interlocutory order has been passed.

For these reasons, we allow the special appeal and set aside the impugned order dated 12 June 2015 passed by the learned Single Judge. However, we grant liberty to the original petitioner to move the learned Single Judge afresh for the grant of protective interim relief. The special appeal is, accordingly, disposed of. There shall be no order as to costs.