The court has the discretion to grant a temporary injunction where there is a serious question to be tried, the balance of convenience is in favor of the plaintiff, and the plaintiff might suffer irreparable injury if the injunction is not granted.

SAIKIA, J. :- The M.A. (F) No.17 of 1981 is from the judgement dated 13-3-81 of the Assistant District Judge, Sibsagar, Jorhat in Misc. Case No.1.8 of 1.981, arising out of Title Suit No.33 of 1979, issuing temporary injunction restraining the defendants No.6. to 13 from, receiving any grant-in-aid from defendant No.1 (State of Assam) in the name of Shri Sundarmal Hindi M.E. School and also restraining the defendant No.1 from sanctioning any grant in that name. Misc. Case No.16/81 is the application under O.41, R.5 and/or S.151, C.P.C., filed by contesting defendants praying for stay of operation of the aforesaid impugned judgement. They are heard and disposed of together.

2. On 28-4-79 the Managing Committee of Shri Sundarmal Hindi High School, Sibsagar with 13 members thereof instituted Title Suit No.33 of 1979 (now pending) against the State of Assam, four of its officials, and the Managing Committee of Rajakiya Sundarmal Hindi Madhyamik Bidyalaya (Provincialised Sundarmal Hindi M.E. School) with its Headmaster and Secretary, Shri B.N. Singh (defendant No.6), and other members.

3. The following is the plaint case.

The plaintiff No.1 is the Managing Committee of Shri Sundarmal Hindi High School, situate in the premises of Shri Marwari Panchayat at A.T. Road, Sibsagar. The Marwari Panchayat was running one M.E. School named Shri Shiv Shankar Vidyalaya in its premises and on or about 28-3-61 it was upgraded and renamed as Sundarmal Vidyalaya after its donor. Later it was bifurcated into (1) Shri Sundarmal Hindi M.E. School, and (2) Shri Sundarmal Hindi English High School in 1975. The Sundarmal Hindi M.E. School received Government grant-in-aid under the deficit system while the Sundarmal Hindi English High School received ad hoc Government grant. The managements of the two institutions by resolutions dated 8-7-77 or so decided to amalgamate once again both the schools; and the Government of Assam approved the amalgamation and withdrew its grants-in-aid from both the institutions, but continued the recognition on condition that the services of the teachers were fully, guaranteed. Since then the plaintiff Managing Committee has been running the amalgamated School, namely, Shri Sundarmal Hindi High School, as a purely private institution giving benefits to the teachers as under the Education Department, Government of Assam. The defendant No.6, Shri B.N. Singh, was the Headmaster and the defendants Nos.7, 8, 9 and 10 were Assistant Teachers of the erstwhile Sundarma1; M.E. School; and after amalgamation the defendant No.6 was retained in the amalgamated High School as teacher in charge of the M.E. Section as per instructions of the Government, and defendants 7, 8, 9 and 10 were retained as Assistant Teachers, protecting their benefits. The Managing Committee later dispensed with the services of defendant No.6. Shri B.N. Singh, whereafter he served in Sonari Hindi High School, while defendants 7 to 10 continued in the amalgamated School.

4. The defendant No.3, namely, the "Additional Director of Public Instructions, Assam, by telegraphic message dated 31-3-79 intimated the Inspector of Schools, Sibsagar Circle, Jorhat (respondent No.4) to arrange payment of salaries of staff of Sundarmal Hindi M.E. School, Sibsagar as sanctioned under his letter No. P.C. 10/77/6328-87 dated 1-12-1977, and copies of the telegram were despatched for necessary action. As defendant No.6 was the Headmaster and Secretary of erstwhile Shri Sundarmal Hindi M.E. School, Sibsagar, he managed to receive a copy of the above communication and promptly taking defendants 7 to 10 with him started a new School named Rajakiya Sundarmal Hindi M.E. Madhyamik Vidyalaya (Provincialised Sundarmal Hindi M.E. School) with effect from 5-4-79 in hired premises at B.G. Road, Sibsagar Town; and he has been trying to withdraw the granted sum of Rs. 37,759.05 P. which amount was already drawn by the Deputy Inspector of Schools in charge, Sibsagar as salaries of teacher