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IN THE HIGH COURT OF DELHI
Rajiv Shakdher, Talwant Singh, JJ.
Guru Harkishan Public School Staff Welfare Association Regd. - Appellant
Versus
Director of Education - Respondent
LPA 488 of 2021 & CM Nos. 46185-86 of 2021
Decided On : 20-12-2021
| Table of Content |
|---|
| 1. understanding the context of the appeal and prior judgment. (Para 1 , 2 , 3) |
| 2. counsel's suggestion for filing a review petition. (Para 4) |
| 3. order to dispose of appeal and document retention. (Para 6 , 7) |
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM No.46185/2021
1. Allowed, subject to just exceptions.
LPA 488/2021 & CM No.46186/2021[Application filed on behalf of the appellant for directions]
2. The appellant before us was the writ petitioner before the learned single judge.
3. The present appeal is directed against the judgment dated 16.11.2021, passed by the learned single judge in a bunch of writ petitions, with the lead writ petition being W.P.(C) No.3746/2020, titled Shikha Sharma vs. Guru Harkishan Public School & Ors..
3.1. Mr. Hari Shanker, who appears on behalf of the appellant, draws our attention to page 257 of the case file, wherein the prayers made in the writ petition are set out.
3.2. According to Mr Shanker, the learned single judge has only dealt with the relief sought for in prayer clause (c) of the writ petition, and has not expressed his view with respect to the other prayers made therein, which includes payment of "pending and regular salary" to the petitioner.
4. In our view, the best course for the appellant in these circumstances would be to prefer a review petition, before the learned single judge.
4.1. Liberty, in that behalf, is granted to the appellant.
5. Needless to add, in case a review petition is preferred by the appellant, the same will be dealt with, as per law.
6. The appeal and pending application are disposed of in the aforesaid terms.
7. The case file shall stand consigned to record.
The principle of procedural fairness requires all claims in writ petitions to be fully adjudicated; incomplete judgments necessitate the option of review to address unresolved issues.
The filing of a statutory appeal after an order is passed may impact the consideration of an application for recall of the order.
An application for recall of order may be dismissed if found to be without merit and if an appropriate remedy has already been sought.
The court emphasized that a litigant cannot be permitted to take inconsistent, contradictory & shifting stands in the same case at his whims & fancies and cannot file successive review petitions for ....
Interim applications can be dismissed when a related main petition is scheduled for a hearing, ensuring orderly judicial processes are maintained.
The main legal point established in the judgment is the distinction between administrative, judicial, and quasi-judicial orders, and the implications of maintainability based on the nature of the ord....
The court underscores the necessity of procedural fairness, mandating that administrative decisions comply with ongoing revisional remedies.
The central legal point established is the significance of expert committee reports in the review petition and their impact on the impugned order.
An Education Officer cannot unilaterally revoke prior approvals for educational appointments without demonstrating fraud or misrepresentation, highlighting the necessity of legal process and justific....
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