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2006 Supreme(All) 2513

AJOY NATH RAY, ASHOK BHUSHAN
SANJAI KUMAR SHARMA – Appellant
Versus
CENTRAL BOARD OF SECONDARY EDUCATION – Respondent


Advocates:
Counsel :
B.N. Tiwari for the Petitioner; V.B. Singh and H.N. Pandey for the Respondents.

JUDGMENT

By the Court—These two appeals from the order of an Hon’ble Single Judge dated 5.7.2006 are taken up and disposed of summarily along with the additional pleadings filed before us.

2. Two writs filed by the appellant were disposed of by the said judgment, one of which was filed in or about the month of February, 2006 and the other in or about the month of April, 2006. The facts are set out in the judgment, which is impugned before us, and these facts are generally correct (said with respect) although some modification is called for.

3. We shall set out in brief some of the facts given and the arguments made in the Court below and before us. Since we propose to pass an interim order, which will most likely hold the field until the two writs are disposed of once again before the first Court, and since we are proposing to pass an order of remand, the recounting of some facts, and the setting out of some of our prima facie views are necessary. Without these, the interim order cannot be supported in law, as a prima facie arguable case has to be seen to be present.

4. When in February, 2006, the first writ was filed, it was a complaint against the appointment of the respondent No.























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