High Court of DelhiLPA/624/2018

Basant Lal Memorial College Of Education v. National Council For Teacher Education & ORS

2018-11-12Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula3 pages

$~86 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 624/2018 BASANT LAL MEMORIAL COLLEGE OF EDUCATION ..... Appellant Through:

Mr.Sanjay Sharawat, Adv. with Mr.Divyank Rana & Mr.Ashok Kumar, Advs.

versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ORS. ..... Respondents Through:

Ms.Arunima Dwivedi, Standing counsel for NCTE & Ms.Preeti Kumra, Adv. for R-1 & 2.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 12.11.2018 CM APPL.46261/2018 (Exemption)

1. Exemption allowed, subject to all just exceptions.

LPA 624/2018 & C.M. No. 46260/2018 (stay)

2. Challenge in the present appeal is to an order dated 29th October 2018 passed by the learned Single Judge in CM Appl. No. 45258/2018 in W.P. (C) 11699/2018 which was for interim relief as under: "Upon hearing, interim relief is declined.

As such, the application is dismissed."

3. The Court is of the view that the learned Single Judge ought to have passed a speaking order giving the reasons, even in brief, that weighed with learned Single Judge for declining such interim relief.

4. In the circumstances, the impugned order to the extent it has dismissed C.M.45258/2018 is hereby set aside. C.M.45258/2018 is restored to the file of the learned Single Judge presently dealing with the aforementioned W.P. (C) 1169/2017. The said application would be decided afresh after hearing the parties uninfluenced by the order dated 29th October 2018 which has been set aside by this Court.

5. To facilitate an early disposal of the application, it is directed that CM 45258/2017 shall be listed before the learned Single Judge on 19th November 2018 by which time, the Respondent shall file a short reply to the said application and also keep its records ready for perusal by the learned Single Judge on the said date.

6. The appeal is disposed of in the above terms.

7. Copy of this order will be served dasti upon Respondent No.3 to enable its participation in the hearing before the learned Single Judge on 19th November 2018.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

NOVEMBER 12, 2018 ab