JUDGMENT

R. M. SAHAI, J:- The real issue in the appeal, whether the High Court was justified in directing the Education Officer by way of interim order, to ensure that 112, students, all girls, admitted by the respondent No. 102 a Christian minority institution, to Diploma in Education (D.Ed.) course for the academic year 1991-92 against the sanctioned strength of 80 should be accommodated and admitted in proper colleges, got submerged in an incidental issue of legality and propriety of one Bench disagreeing with a co-ordinate Bench of the same Court on grant of interim order.

2. How the issue of propriety was bloated out of proportion by the State of Maharashtra, presumably, in its anxiety to get the interim order passed by the High Court stayed is a matter of concern. Two basic circumstances, one, by way of affidavit and the other , oral, which persuaded this Court to pass the order were an averment, in the special leave petition, that when petitioners approached the High Court for grant of one months time, from 20th October 1993, to enable them to file an appeal in this Court, the request was turned down even though the Bench was apprised that this Court was closed for Dussehra v