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2016 Supreme(SC) 1726

FAKKIR MOHAMED IBRAHIM KALIFULLA, R.BANUMATHI
Navodaya Vidyalaya Samiti – Appellant
Versus
Afshan Khan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ranjit Kumar, Mr. S. Rajappa, Dr. Puran Chand, Ms. A.P. Salini, Adv.
For the Respondent: Mr. Hemant Sharma, Mr. Avadh Bihari Kaushik, Mr. Rakesh Kumar Singh, Mr. Prem Prakash, Adv.

ORDER :

1. Leave granted.

2. Heard Mr. Ranjit Kumar, learned Solicitor General of India for the appellants and Mr. Hemant Sharma and Mr. Rakesh Kumar Singh, learned counsel for the caveators.

3. We are of the view that by way of an interim order by staying the operation of relieving order and by directing the appellants to continue to employ the respondents herein, the Tribunal has virtually decided the O.A. itself and granted the main relief by way of an interim order.

4. In such circumstances, we are convinced that the order granted by the Tribunal dated 2.2.2016 and the confirmation of the same by the High Court vide impugned order dated 29.3.2016 cannot be allowed to stand.

5. While setting aside the said orders, we direct the Tribunal to take up the appeal itself for hearing and decide the same on merits expeditiously, preferably within three months from the date of production of a copy of this order.

6. In the meantime, the appellant shall file its reply and it is open to the respondents to file their rejoinder, if any, to the reply before the Tribunal.

7. The appeal stands disposed of.

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