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Commnr. & Director of School Edu. & ANR. Vs. V.D. Dhanalakshmi & ANR. [2008] INSC 1578 (17 September 2008)

Judgment

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5722 OF 2008 (Arising out of SLP(C)No.18052 of 2006) COMMNR. & DIRECTOR OF SCHOOL EDU. & ANR. .....APPELLANT(S) VERSUS O R D E R Delay condoned.

Leave granted.

This appeal is directed against the judgment and order dt.09.09.2005 passed by the High Court of Andhra Pradesh at Hyderabad in Writ Appeal No.1391 of 2005 by which the Writ Appeal filed by the appellant was dismissed with the following directions :- "In the circumstances, we deem it more appropriate to direct the authorities concerned to pass orders in regard to the approval of the appointment of the first respondent, in pursuance of the recommendations which have already been made by the third respondent institution, duly following the directions given by the learned Single Judge in the writ petition.

Subject to the above direction, the writ appeal is dismissed."

On a plain reading of the above-mentioned directions, we are of the view that no interference is needed in exercise of our discretionary power under Article 136 of the Constitution since we find that the Division Bench of the High Court has only directed the authorities to decide the matter on merit and in accordance with law.

That being the position, we are not inclined to interfere with the order impugned in this appeal.

The appeal is accordingly dismissed. There shall be no order as to costs.

.............................J. ( TARUN CHATTERJEE )

.............................J. ( DR.MUKUNDAKAM SHARMA )

NEW DELHI;

SEPTEMBER 17, 2008.

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