(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) The appellant is aggrieved by the order dated 14.7.2011 of the learned Single Judge of this Court in Special Civil Application No.8785 of 2011 whereby directions were issued to respondent Nos.2 and 3 herein to consider the case of respondent No.1 and after examining it, decide it in accordance with law, rules and regulations within a period of two months.
It was submitted by learned counsel Mr.Majmudar that the aforesaid order was made without appearance and participation of the present appellant who was respondent No.3 in the original petition and at the admission stage itself. He further submitted that pursuant to the impugned order, respondent Nos.2 and 3 have made orders which are adverse to the present appellant and indirectly the service of the respondent No.1 is sought to be thrust upon the appellant although their school is practically closed. Be that as it may, admittedly the appellant is aggrieved by the orders already made pursuant to the impugned order and if the appellant is aggrieved by those orders, they are at liberty to challenge those orders by making appropriate representation to respondent Nos.2 and 3 themselves or, in case of necessity to take recourse to other legal remedy. It is needless to clarify that disposal of the present appeal cannot and should not come in the way of consideration of the grievance or representation of the appellant, if and when they are voiced before the appropriate authority or forum. Upon that clarification being made, the appeal and the civil application were not pressed for any further order on merits and accordingly, they are disposed of.
(D.H.Waghela,J) (Mohinder Pal,J) pathan Top