IN THE SUPREME COURT OF INDIA                                                      CIVIL APPELLATE JURISDICTION

            CIVIL APPEAL No.1135 of 2009           (Arising out of S.L.P. (Civil) No.9835 of 2008)

Rayat Shikshan Sanstha .....Appellant(s)

    Versus

Suneel Shiva Gaikwad .....Respondent(s)

                            O R D E R       Leave granted.

This  appeal  by  special  leave  is  directed  against  order  dated   20th  

February, 2008,whereby a learned Single Judge of the High Court at Bombay,  

has  rejected the  prayer  of  the  appellant-Management for grant  of  stay  of  the  

order passed by the School Tribunal, directing reinstatement of the respondent-

teacher.

We have heard learned counsel for the parties.

Having regard to the fact that the writ petition challenging the direction  

by  the  School  Tribunal  to  reinstate  the  respondent  had  been  admitted  for  

consideration, we are of the opinion that the impugned order cannot be sustained.  

The writ petition was entertained by the High Court vide order dated 19th June,  

2006 and an ad-interim order staying the operation and implementation of the  

order  passed  by  the  Tribunal  was passed.   However,  when the  miscellaneous  

application was taken up for consideration, the learned Judge vacated the  said  

order on the ground that no case for stay was made out.

..2/-

: 2 :

It is a well settled preposition of law that when an order of injunction is  

passed, the Court is required to record the reasons.  Similarly, when the Court

feels that in the facts and circumstances of a particular case, order of injunction is  

not necessary, it must record the reasons for doing so, taking into consideration  

all the relevant factors, particularly the nature of the controversy involved.

We  are  convinced  that  in  the  present  case  if  injunction  against  the  

direction  for  reinstatement of  the respondent  is  not  granted,  the  writ  petition  

would be  rendered infructuous,  resulting  in irreparable   loss  to  the  appellant  

herein.

Therefore, having regard to the facts and circumstances of the case, we  

set  aside  the  order  dated  22nd February,  2008  and  direct  that  the  ad-interim  

injunction granted by the High Court on 19th June, 2006 shall continue to be in  

force till the disposal of the writ petition.

Since the matter pertains to the career of a teacher, we would request  

the High Court to expedite the disposal of the writ petition.

The appeal stands disposed of in the above terms but without any order  

as to costs.

....................J.        [ D.K. JAIN ]   

....................J.                                                 [  R.M.  LODHA ]        NEW DELHI,      FEBRUARY 20, 2009.