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2022 DIGILAW 1349 (SC)

Venkateshwar Global School v. Justice For All

2022-09-01

ABHAY S.OKA, SANJAY KISHAN KAUL

body2022
ORDER 1. Leave granted. 2. We have heard learned counsel for the parties. 3. We are unable to appreciate how clause 4 of the impugned order dated 26.05.2022 can be worked out even if the schools are at default for the earlier period of years as the same cannot be compensated in this manner by an interim order. 4. Similarly, the issued which has been examined by the Court is whether the 25% of seats in EWS category is being filled up on the basis of the declared sanctioned strength or actual admissions and we do believe that this cannot form subject matter of an interim order. 5. We are thus of the view that the final call will have to be taken in the main matter and it cannot be a subject matter of the nature of interim relief as granted. 6. The result of the aforesaid is we set aside the impugned order qua directions contained in paragraphs 4 and 5, leaving the parties to bear their own costs. 7. The Court is free to take appropriate view in the main matter. 8. The appeals are disposed of accordingly.