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.
Order Date :- 6.1.2016 RKK/-
(Yashwant Varma, J) (Dr D Y Chandrachud, CJ) Chief Justice's Court Civil Misc. (Delay Condonation) Application No.421654 of 2015 In re:
Case :- SPECIAL APPEAL DEFECTIVE No. - 847 of 2015 Appellant :- C/M Shri Lal Bahadur Shashtri Junior High School Respondent :- Bapu Shiksha Samiti And 4 Others Counsel for Appellant :- Balwant Singh Counsel for Respondent :- C.S.C.,Arun Kumar,Rajeev Misra Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice Hon'ble Yashwant Varma,J.
The delay of 155 days in filing the special appeal is condoned since sufficient cause has been shown in the affidavit in support.
The delay condonation application stands disposed of. There shall be no order as to costs.
Order Date :- 6.1.2016 RKK/-
(Yashwant Varma, J) (Dr D Y Chandrachud, CJ)