Srinagar, Dec 30: High Court has observed that the trial court has flouted the norms of the law by directing the School authorities for admission of a student without hearing the school administration.
Justice Rajnesh Oswal set aside the direction of Chief Judicial Magistrate Srinagar whereby the school authorities were directed to grant provisional admission to the ward of the petitioner. “Viewed thus, this petition succeeds and the order dated 11-10-2021 passed by Chief Judicial Magistrate, Srinagar, to the extent of directing the petitioner to grant provisional admission to the ward of the respondent in the petitioner school along with incidental directions, is set aside”, Justice Oswal directed.
Justice Oswal while setting aside the trial court order said the high court is generally reluctant to show indulgence by invoking the powers under article 227 of the Constitution of India in the matters where the final rights of the parties have not been determined as all the interlocutory orders are subject to the final order or judgment that may be passed subsequently.
But dealing with the instant case, Justice Oswal recorded that the trial court has flouted the settled norms of law while deciding the application for grant of interim relief and passing the order of interim mandatory injunction resulting into virtually decided the main case by passing such an interim order without any trial. Court further added that the order of CJM has the ramifications as those of the final judgment, as such it has become necessary to consider the issues raised by the petitioner-School.
The father of the ward had filed a suit for injunction for directing the petitioner-Convent School to grant admission to his younger ward in Class LKG for the session 2020-2021 on the ground that the sibling of the ward was already enrolled in class 3rd in the same school and also on the ground that the ward of the respondent fulfilled the eligibility criteria. However the request was refused by the management of the School with the objection that the school follows uniform procedure for admission and after interaction with the parents and the candidate assess the suitability of the candidate to fit in the environment and curriculum of the school.
Justice Oswal recorded and added that this court is of considered opinion that the trial court has exceeded its jurisdiction and has committed a jurisdictional error while passing the order impugned.