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2008 Supreme(Mad) 956

A.P.SHAH, FAKKIR MOHAMED IBRAHIM KALIFULLA, K.SUGUNA
State of Tamil Nadu, rep. by its secretary to Government, Chennai & Others – Appellant
Versus
S. S. Somasundram, Periya Pullyampatti Village & Others – Respondent


Advocates Appeared:
For the Appellants: Raja Kalifulla, Government Pleader, G. Sankaran, Special Government Pleader.
For the Respondents:R1, V. Ramajagadeesan, Advocate.

`JUDGMENT :-

F.M. Ibrahim Kalifulla, J.

1. This order of reference came to be made by the Division Bench in its order dated 11. 2007 on finding a conflict of view as between two Division Bench Judgments reported in State of Tamil Nadu, etc. and 93 others v. The T.N. Recognised Private Schools Managers Assn., etc., 1995 WLR 499 and Nehru Memorial College v. The State of Tamil Nadu and others, 2003 WLR 31.

2. The issue relates to appointment of teachers in the Private Aided Schools. The first respondent in the Writ Appeal preferred Writ Petition No.5643 of 2000 challenging the order of the third appellant dated 9. 1999 in proceedings No.O.Mu.9189/Aa4/97 in and by which the third appellant expressed its disinclination to approve the appointment of the first respondent as graduate teacher in the second respondent school. Pending Writ Petition, in W.P.M.P. No.8556 of 2000 learned single Judge granted an Order of Interim Injunction restraining the third appellant from terminating the services of the first respondent and also granted further directions to pay salary from the date of Interim Injunction pending disposal of the Writ Petition. As against the said interim order, the appellants
































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