- (1.) The special appeal has arisen from an interlocutory order of the learned Single Judge. The order reads as follows: "The order dated 20.11.2014 is scored out. The following order is being passed on the correction application. "The petitioners are claiming 10 per cent reservation for having been worked as Part-time Teacher in various Kasturaba Gandhi Balika Vidyalaya. They may be allowed to appear in the counselling. The result will be subject to the outcome of this petition. Learned Standing Counsel prays for and is allowed one month's time to file a counter affidavit. List thereafter." The correction application is accordingly disposed of."
(2.) Ex facie, the order of the learned Single Judge furnishes no reason whatsoever for granting the interlocutory relief. When an interlocutory order is passed, there has to be some indication in the order of the learned Single Judge to establish a due application of mind to the requirements of a prima facie case being made out, the balance of convenience and the issue of irreparable harm. The order indicates no reasons, which have weighed with the learned Single Judge in support of the passing of the interim direction.
(3.) In fact, it appears an admitted position between the parties that the direction of the learned Single Judge proceeded on the basis that the respondents are Shiksha Mitras. Subsequently, on a correction application, the order in the aforesaid terms was passed by which the nomenclature 'Part Time Teacher' was substituted instead and in place of 'Shiksha Mitra'. This assumes significance because of the reservation of ten per cent seats as stipulated in the advertisement, a copy of which is annexed as Annexure-3 to these proceedings, would indicate that the reservation was for those Shiksha Mitras who were otherwise eligible and fulfilled all the required educational qualifications. The respondents are part time teachers. Their prayer for relief in the writ petition would indicate that it proceeds on the basis that they should be given preference in case there exists a vacancy within the ten per cent quota of reservation which is given to the Shiksha Mitras for selection on the post of trainee teachers.?Thus, ex facie, the respondents do not fall within the purview of the advertisement.;