National Senior Secondary School, Panipat and Another vs Union of India and Others

Ajay Kumar Mittal, J.—The grievance of the petitioners in the present petition filed under Articles 226/227 of the Constitution of India is against order dated 20.12.2011 (Annexure P-6) and letter dated 02.03.2012 (Annexure P-5) passed by respondents No.2 and 3 respectively whereby the respondents have restrained the petitioners from using the word "Indian/National" in the name of their School. On a query being put to learned counsel for the petitioners as to whether the petitioners have made any representation with regard to the grievances raised by them in the present petition to the concerned authorities at the first instance, learned counsel is unable to dispute the fact that no such representation has been filed by the petitioners to the concerned authorities raising any grievance therein as is suggested in the present petition. He, however, states that the petitioners shall file such representation and further states that a direction may be issued to the concerned authorities to decide the same within some time-bound frame.

Accordingly, after hearing learned counsel for the petitioners, perusing the petition and without expressing any opinion on the merits of the case, the present petition is disposed of by allowing the petitioners to file a detailed and comprehensive representation before the concerned authorities at the first instance. However, in case, any such representation is filed by the petitioners, the concerned authority shall dispose of the same by passing a speaking order in accordance with law expeditiously.