The President for Emmanuel School Society, Kota vs The Director, Primary Education, Rajasthan, Bikaner and Others

Arun Mishra, C.J.—Admit. Heard finally with the consent of Counsel appearing on behalf of the parties.

Legality of the order dt. 20.07.2005 passed in S.B. Civil Writ Petition No. 5356/2005 has been questioned by way of filing the intra-Court appeal.

In the writ application, appellant-Society questioned the order passed by the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur (hereinafter referred to as ''the Tribunal'') on 09.11.2004, by which the Tribunal has accepted the application filed by respondent No. 3 under Sec. 21 of the Rajasthan Non Government Educational Institutions Act, 1989 and has quashed the transfer order dt. 22.08.2003. The Single Bench dismissed the writ application filed by appellant-Society against the order of Tribunal only on the ground that under Art. 227 of the Constitution of India, no case is made out so as to interfere in the order passed by the Tribunal. Merits of the submissions and the question whether transfer could have been effected or not, have not been taken into consideration by the Single Bench, which was required to be done. There is no consideration of the case on merits by the Single Bench on various aspects averred in the writ petition. Thus, we allow the appeal and set aside the order passed by the Single Bench and request the Single Bench to decide the writ petition on merits, afresh, after hearing the parties.