Hon'ble Rajesh Chandra,J.
Certified copy of Impugned judgment has been filed along with an application which may be kept on record. Nobody is present on behalf of writ petitioner even in the revised list. This intra Court appeal is directed against the Judgment of Hon'ble Single Judge dated 11th June, 2010 wherein following interim order has been passed. "Learned counsel for the petitioner has submitted that the petitioner is a Principal of B.B.L. Public School, Bareilly affiliated to C.B.S.C., Delhi. He had played no role in printing the controversial book, Sanskri Joytasna Pravishika. He had neither published the book nor any way connected with the charges leveled against him in the F.I.R. He has been working satisfactorily in the institution since 2007. Unfounded charges have been fastened on the Principal of the Institution and he was forced to resign duress and coercion, the petitioner has withdrawn the resignation. In view of above, there is substance in the submission of the learned counsel for the petitioner accordingly, the operation and implementation of the order dated 26.05.2010 shall remain stayed. The petitioner shall be allowed to continue on the post of Principal of B.B.L. Public School affiliated to C.B.S.C., Delhi and no coercive action shall be taken against the petitioner."
Counsel for the appellant submits that the petitioner was employed in an institution affiliated to Central Board for Secondary Education. The institution is a private institution and it has ample power to take action against its teachers and principal. The Hon'ble Supreme Court in the case of Committee of Management, Delhi Public School and another V/s M. K. Gandhi and others has held that the writ petition in respect of teacher and employees of a recognized C.B.S.E. School is not maintainable. The aforesaid aspect of the matter has not considered by the Hon'ble Single Judge while granting the interim order. Counsel for the petitioner states that the writ petition itself was not maintainable and therefore, no interim order can be passed in a non- maintainable petition.
The matter refuses arguing by this Court.
Till the next date of listing operation of the order of the Hon'ble Single Judge dated 11th June 2010 shall remain stayed.
Notice be issued to the respondent no. 1, (petitioner) fixing 26th July, 2010 as the date fixed. Steps be taken within a week. Office is directed to allot regular number to this appeal. List on 26th July, 2010 before appropriate Bench. Order Date :- 24.6.2010 M/A.