Govt Of National Capital Territory Of Delhi & ANR v. Mount Carmel School & ANR

$~21 & 22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 725/2017 & CM APPL. 41043-41047/2017 GOVT OF NATIONAL CAPITAL TERRITORY OF DELHI & ANR ..... Appellant versus MOUNT CARMEL SCHOOL & ANR ..... Respondents LPA 726/2017 & CM APPL. 41053-41057/2017 GOVT OF NATIONAL CAPITAL TERRITORY OF DELHI & ANR ..... Appellant versus SOMERVILLE SCHOOL & ORS .... Respondents Present : Mr. Gautam Narayan, ASC with Mr. R.A. Iyer and Ms.Mahamaya Banerjee, Advs. for the appellant. None for the respondents.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 15.01.2018 These two appeals by the Govt. of NCT of Delhi challenge the order of the learned Single Judge, which directed that the notification dated 7.1.2017 as far as it relates to the writ petitioners be stayed till the disposal of the writ proceedings.

The Govt. of NCT of Delhi urges that the observations made in the course of the impugned order would amount to a final decision on merits. This Court is of the opinion that the tenor and the purport of

the order clearly meant that it operates only a prima facie view to aid the interim relief granted. Learned Single Judge has no doubt cited several judgments, but, they are merely to support his prima facie view. Having considered the issue and also taken into account the fact that the writ petitions are scheduled for hearing tomorrow, the Court is of the opinion that the appeals should not be entertained. Having regard to the overall circumstances, this Court is of the opinion that the learned Single Judge may consider to dispose of the writ proceedings finally expeditiously, at his convenience.

Furthermore, the observations made in the impugned order, obviously, would not be treated as in any manner conclusive of the merits of the case in the pending cases. The appeals are disposed of in the above terms.

S. RAVINDRA BHAT, J A. K. CHAWLA, J JANUARY 15, 2018 rc