Excelsior Correspondent
Srinagar, Apr 11: High Court while exercising the powers under Section 104 of the Constitution of the State set aside the Trial Court orders staying the transfer orders of three teachers and directed the Trial Court to consider the matter afresh.
It is by way of filing civil suit before the court of city judge Jammu that the transfer orders have been stayed and aggrieved of the order college administration challenged the same before the appellate Court which has also upheld the Trial Court order.
Challenging these orders by the college administration the writ court while exercising its powers under Section 104 of Constitution of the State allowed the petition of college administration and set aside both orders of Trial Court with the directions to consider the matter afresh.
Writ court while deciding the petition said: “In these circumstances, the exercise of jurisdiction under Section 104 of the Constitution of J&K becomes imperative to ensure that the law is followed by the courts by exercising jurisdiction which is otherwise vested in them”.
“In view of this, this petition is allowed and orders passed by the Appellate Court dated 09.10.2017 and the Trial Court dated 08.04.2017 are set aside”, writ court directed and remitted the matter again to the Trial Court for considering the application of the respondents (teachers) for interim relief afresh.
Court said that keeping in view the cardinal principles of law laid down, which regulate the exercise of discretion in the matter of grant or refusal of the interim injunctions to Trial Court and pass appropriate orders thereon without being influenced by the observations made by this court which may have incidentally touched upon the merits of the controversy.
The genesis of the controversy involved in the petition lies in three orders issued by college administration, whereby the respondents-teachers have been transferred to Vidya Peeth Public
Higher Secondary School, Chowgan Slathian, Jammu, Maharaja Hari Singh DAV Public School, R.S Pura and Maharaja Hari Singh DAV Central Public School, Akhnoor respectively.
The respondents have challenged the orders of their transfers on the ground that their transfers are illegal, and contrary to the provisions of law.
Follow our WhatsApp channel