IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A.No.1185 of 2010 Date of Decision:- 13.01.2011 The Managing Committee, Arya Senior Secondary School and another ....Petitioner(s) vs. State of Haryana and others ....Respondent(s) *** CORAM:HON'BLE MR.JUSTICE RANJAN GOGOI, ACTING CHIEF JUSTICE HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.A.K.Chopra, Sr. Advocate with Mr.Aashish Chopra, Advocate, for the appellants. Mr.D.S.Nalwa, Additional Advocate General, Haryana. Mr.R.Kartikeya, Advocate. *** Ranjan Gogoi, ACJ. (Oral) The challenge in this appeal is against two orders dated 21.7.2010 and 31.8.2010 which are in the nature of interim orders. By the first order dated 21.7.2010, an Administrator was directed to be appointed to take charge of the office of the appellant-school whereas by the second order dated 31.8.2010, an FIR was directed to be registered against one Surinder Punia, a teacher of the appellant-school, with regard to the certain acts of assault committed by him on a student in connection with payment of fees. The eventual relief that is sought in the writ petition is for a direction prohibiting the appellant-school from charging exorbitant fees and for holding of an enquiry into various acts of mis-management of the school and for appointment of an Administrator. Learned counsel for the appellant Sh.Chopra, has submitted L.P.A.No.1185 of 2010 -2- that insofar as the appointment of Administrator is concerned, the same may be vacated and the managing committee of the school be allowed to come back to perform its functions. Learned counsel has submitted that an undertaking of the school is already on record to the effect that no donations will be compulsory and whatever donations come to the school would be purely voluntary. Sh.Chopra, learned Sr.Counsel has also drawn the attention of the Court to the fact that it is not possible for the school to manage its affairs without any donations inasmuch as the grant-in-aid received by the School from the State is inadequate. Insofar as the order dated 31.8.2010 directing an FIR to be lodged, is concerned, it is submitted that the teacher in question has resigned from the school and, therefore, the interim order dated 31.8.2010 of the learned Single Judge should be rescinded or suitably modified. As the writ petition itself is pending and the issues addressed to the Bench can very well be dealt with by the learned Single Judge, we are of the view that it would be inappropriate for us to accept either of the prayers made. The interim order passed by the Court staying the order dated 21.8.2010 but continuing with the order of appointment of the Administrator was made to tackle the immediate situation that had developed at the time of institution of the present appeal. As much time has elapsed in the meanwhile and furthermore, as accepting the prayers of the appellant, would virtually amount to deciding the writ petition itself, we are of the view that this appeal needs to be closed by requesting the learned Single Judge to take up the writ petition at his earliest convenience and thereafter pass final orders thereon in the light of what has been L.P.A.No.1185 of 2010 -3- recorded in the present order and such submissions as may be advanced before the learned Single Judge by the counsels for the contesting parties. Beyond the above we are of the view that no further orders are necessary. Appeal stands disposed of in the above terms. The interim order passed by this Court with regard to the operation of the order dated 31.8.2010 insofar as the lodging of FIR is concerned, shall remain in force till the learned Single Judge takes up and considers the same in the light of the present order. ( RANJAN GOGOI ) ACTING CHIEF JUSTICE January 13, 2011 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE