JUDGEMENT
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(1.) Civil Appeal Nos. 5247, 5244, 5248, 5245, 5246 of 2008 arise out
of a common order and judgment dated 17.11.2004 passed by a Division Bench
of the Allahabad High Court at Lucknow on five Writ Petitions bearing Nos. 6415
(S/S) of 2002, 2759 (PIL) of 2003, 2049 (M/S) of 2003, 4704 (S/S) of 2003 and
7179 (M/B) of 2002. The appellant is an educational society registered under
the Societies Registration Act, 1860. The issue in these five appeals is with
respect to the decision of the appellant to shift the secondary and higher
secondary courses of education conducted in its school and intermediate college,
affiliated to the Board of High School and Intermediate Education of Uttar
Pradesh ('U.P. State Board' for short), to the Indian Certificate for Secondary
Education course ('ICSE course' for short) by seeking affiliation with the Council
for the Indian School Certificate Examination, New Delhi ('Council' for short).
(2.) Civil Appeal Nos.5249-5250 of 2008 and 5251-5252 of 2008 arise
out of Writ Petition Nos.119 and 120 (S/S) of 2005 which were filed by a few
teachers seeking salary as a consequence of the above order dated 17.11.2004.
A learned Single Judge of Lucknow Bench of the Allahabad High Court had
passed a common interim order dated 7.1.2005, on those two writ petitions in
favour of the teachers, and the appellant had filed Special Appeal Nos. 59 and 60
of 2005 from those interim orders. A Division Bench of the High Court hearing
those two Special Appeals had left the interim orders undisturbed by its common
order dated 8.2.2005. These interim orders as well as the orders on the Special
Appeals have been challenged by the appellant in Appeal Nos.5249-5250 and
5251-5252 of 2008.
(3.) The Contempt Petition (C) No.170/2005 has been filed by a few
teachers alleging a breach of the interim order passed by this Court in these Civil
Appeals.
Short facts leading to all these matters are this wise:-;
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