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2007 (4) TMI 619 - SC - Indian LawsConsidering the checkered history of the litigation and long period it has taken it would be appropriate if the impugned order is set aside and the matter is remanded to the High Court to decide all questions including the question as to the status of respondent No.3- School. It has also come on record that the appellant has retired in 1998 and the question of appointing her as Head Mistress now does not arise. The case has to be considered on the basis of the relevant material and in accordance with law - Appeal allowed by way of remand.
Issues:
1. Bypassing of appellant's claim to the post of Head Master. 2. Repeated rejection of recommendations for appellant's appointment. 3. Legal status of respondent No.3-School as a minority institution. 4. High Court's decision on writ petitions filed by appellant and School Management. Analysis: 1. The appellant, a senior Assistant Teacher, challenged the appointment of a junior teacher as Head Mistress in 1981 through a writ petition. Despite subsequent recommendations for her appointment being rejected by the Directorate of Education, the School did not comply. The High Court did not address the School's minority status but dismissed the appellant's petition and allowed the School Management's. The appellant contended that all points, including the School's status, should have been decided by the High Court. 2. The Supreme Court noted the prolonged litigation and the appellant's retirement in 1998, making her appointment as Head Mistress impractical. The Court decided to remand the matter to the High Court to address all issues comprehensively, including the minority status of the School. The Court emphasized that the case should be evaluated based on relevant evidence and legal provisions. 3. The Court allowed the appeal, setting aside the High Court's order and instructing a fresh disposal of the case within six months. The High Court was directed to consider all aspects, including the School's alleged minority status, without imposing any costs. The judgment aimed to ensure a fair and expeditious resolution of the longstanding legal dispute, emphasizing adherence to legal procedures and thorough examination of all relevant issues.
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