GYAN SUDHA MISRA,CJ AND D.K SINHA - (1.) THIS appeal has been preferred against the order dated 18th August, 2009 passed in a batch of writ petitions including the writ petition bearing W.P.(C) No.5939 of 2008* out of which the instant appeal arises.
(2.) THE writ petitions are still sub -judice before the learned Single Judge but the appellant has preferred this appeal against an interim order passed by the learned Single Judge on the date referred to hereinbefore, whereby the learned Single Judge granted interim relief to some of the Institutions which were private, aided and affiliated Schools by permitting them to raise school fee from the previous Sessions starting from 2008 -09. However, in course of argument, it could be noticed that the writ petition had been filed by the petitioner -appellant without even impleading the necessary party to the writ petition, who is claiming to be a public spirited person namely Pappu Singh and had moved the Jharkhand Education Tribunal raising several issues before the Tribunal, which were essentially in the nature of public interest, viz. removing the live wire from the top of the school building, overloading of school buses, charging exorbitant fees by the school authorities etc.
(3.) IT was first of all submitted by learned counsel for the appellant that the Jharkhand Education Tribunal in the first place was not vested with the authority and jurisdiction to entertain the cause, as the Tribunal is not vested with the constitutional authority to decide such issues of public importance. In spite of this, the Jharkhand Education Tribunal entertained and decided the matter restraining the schools, including the appellant, from enhancing the school fees.;