17 September 2008
Supreme Court
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COMMNR. & DIRECTOR OF SCHOOL EDU. Vs V.D. DHANALAKSHMI

Bench: TARUN CHATTERJEE,MUKUNDAKAM SHARMA, , ,
Case number: C.A. No.-005722-005722 / 2008
Diary number: 25184 / 2006
Advocates: D. BHARATHI REDDY Vs ANJANI AIYAGARI


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              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

V.D. DHANALAKSHMI & ANR.                              ....RESPONDENT(S)

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.

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

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

NEW DELHI; SEPTEMBER 17, 2008.