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2024 Supreme(Del) 810
IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, AMIT SHARMA, JJ.
SCHOOL MANAGEMENT OF RING MIDWAYS SENIOR SECONDARY PUBLIC SCHOOL – Appellant
Versus
AZAD DEVI – Respondent
L.P.A. No. 1139 of 2024, C.M. APPL. Nos. 67926-67928 of 2024
Decided On : 21-11-2024
Advocate Appeared:
For the Appellant : Kartik Jha
For the Respondents: Yeeshu Jain, Jyoti Tyagi, Hitanshu Mishra
IMPORTANT POINT
Interim orders must protect the rights of parties, and discretionary orders by a Single Judge are not easily overturned unless shown to be arbitrary or perverse.
Headnote:
(A) Letters Patent - Clause 10 - Interim orders - The court examined the maintainability of an LPA against an ad interim order and reiterated that such orders must protect the rights of parties involved. The court emphasized the necessity of ensuring teachers and staff receive their salaries. (Paras 9, 10, 12, 18)
(B) Discretionary Orders - The court held that discretionary orders by a Single Judge are generally not subject to interference unless shown to be arbitrary or perverse. (Paras 12, 14)
Facts of the case:
The case involves disputes between a school and its employees regarding salary payments and management issues, leading to the freezing of bank accounts. The Directorate of Education intervened to manage the school's affairs.
Findings of Court:
The court found that the interim directions were necessary to protect the interests of the teachers and staff, ensuring they receive their salaries.
Issues: The main issue was whether the LPA could be maintained against an ad interim order and the implications of such orders on the rights of the parties.
Ratio Decidendi: The court ruled that interim orders must safeguard the rights of parties and that discretionary orders are not easily overturned unless there is clear evidence of arbitrariness.
Result: The LPA is dismissed.
JUDGMENT :
C. HARI SHANKAR, J.
1. This LPA under Clause 10 of the Letters Patent applicable to this Court challenges an ad interim order dated 17 September 2024 passed by a learned Single Judge of this Court in CM Application 47766/2024 in WP (C) 1706/2019.
2. WP (C) 1706/2019 is being heard by a learned Single Judge along with several other writ petitions involving disputes between the Ring Midways Senior Secondary Public School and various teachers and other employees employed in the School.
3. During the pendency of the aforesaid writ petitions, by order dated 25 March 2019, the learned Single Judge directed that the bank accounts of the school be frozen as the learned Single Judge was prima facie of the view that the affairs of the school were being mismanaged, and no salaries were being paid to the teachers and other employees employed in the school. The order dated 25 March 2019 may be reproduced thus:
“On 19.02.2019, while accepting notice of the present petition, counsel for the respondent No. 2 submitted that the respondent No. 1- School neither comply with the directions passed by this Court nor by the Directorate of Education and to this effect, they filed the detailed counter affidavit in LPA No. 14/2019 pending for adjudication.
Accordingly, the Chairman of respondent No. 1- School was directed to personally remain present in the Court on the next date of hearing. Thereafter, the matter was taken up on 28.02.2019 and respondent No. 2 appeared and stated that Mr. Rambir Solanki is the President of the Society and with his consent, his son namely, Mr. Sandeep Solanki is collecting the fees from the students and accordingly, paying salary as per his wish, to the teachers and staff. Though, Mr. Ramesh Solanki was not party in the present petition, however, vide order dated 28.02.2019, he was impleaded as respondent No. 3 and accordingly, directed to remain personally present in the Court on the next date of hearing.
Today, Mr. Ramesh Solanki is not present, but Mr. Rambir Solanki is present and submits that he and his son has nothing to do with the School and they have no interference in the school and they do not enter in the school premises for any purpose.
Learned counsel for the petitioners submits that the respondent school is not allowing to enter the petitioners in school and perform their duties.
On 28.02.2018, Mr. Ramesh Solanki submitted that he had no role in stopping the petitioners to perform their duties.
Thus, neither Mr. Ramesh Solanki is taking onus of the affairs going on in the school, nor respondent No. 3, Shri Rambir Solanki.
It seems, either they have no role in the affairs of the school or acting very smartly just to hide so many things from the Court.
At this stage, I deem it necessary that at least let the petitioners attend the school and perform their duties so that study of students would not suffer. Accordingly, I hereby direct the SHO of Police Station Uttam Nagar to ensure that the petitioner shall join the duty tomorrow i.e. 26.03.2019 at 8 o’clock without hindrance and perform their duties.
Since respondent No. 2 and 3 said before this Court that they have nothing to do with the affairs of the school, therefore, the SHO shall ensure that neither Ramesh Solanki nor Rambir Solanki and their associates shall enter in the school, till further orders.
Since the respondent School is not paying salary to the petitioners, therefore, the Bank Account No. 1519012100000017 maintained in PNB, Kakrola Branch shall remain in-operative and no transaction shall be made in the said account.
The Deputy Director, Zone-18, District West (V) Vikas Puri shall look after the affairs of the school including collection of the fee from the students and thereafter, disburse the salaries of the petitioners proportionately. This arrangement shall remain in force, till further orders.
The copy of this order be sent to the Deputy Director mentioned above, the Deputy Commissioner of Police, Rajouri Garden and Branch Manager of the B
