Laksman Singh Rawat vs Committee of Management, Public Inter College and Others

Barin Ghosh, C.J.—A writ petition has been filed by the Committee of Management, challenging the orders of District Education Officer dated 4th January, 2011 and 25th April, 2011. That writ petition is pending and in that, directions have been given for filing affidavits.

While the said writ petition was pending, because the orders of District Education Officer dated 4th January, 2011 and 25th April, 2011 have not been complied with by the Committee of Management, by an order dated 7th June, 2011, Committee of Management has been superseded. In a subsequent writ petition, order dated 7th June, 2011, superseding the Committee of Management, has been challenged. In that writ petition, order of the District Education Officer dated 25th April, 2011 has been stayed by way of an interim order. Aggrieved thereby, the present appeal has been filed.

Unless the supersession order dated 7th June, 2011 is stayed, question of staying the order dated 25th April, 2011 did never arise and at the same time, in the writ petition, where the order dated 25th April, 2011 is not the subject matter of challenge, the said order could not be stayed.

We, accordingly, interfere with the matter, set aside the judgment and order under appeal and remit back the matter to the writ court for consideration on merits.