GYAN SUDHA MISRA, D.K.SINHA, J. - (1.) THIS appeal has been preferred against the order dated 18th August, 2009 passed in a batch of writ petitions alongwith the first writ petition W.P. (C) No. 5939 of 2008 out of which this appeal has been preferred.
(2.) THE writ petitions are still subjudice before the learned Single Judge but the appellants have preferred this appeal against an interim order passed by the learned Single Judge in the batch of writ petitions including W.P.(C) 5939 of 208 on the date referred to hereinbefore, whereby the learned Single granted interim relief to some of the Institutions which were private, aided and affiliated Schools by permitting them to raise school fee from the current Sessions starting from 2009 -10, earlier. However, the order is (sic) interim in nature as the writ petition was ordered to be listed on further date. In course of argument, it could be noticed that the writ petition had been filed by the petitioners -appellants without even impleading the necessary party to the writ petition, who is Pappu Singh, who claimed to be a public spirited person 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 building of School, over loading of school bus, exorbitant fees charged by the School authorities etc.
(3.) IT was first of all submitted by Learned Counsel for the appellants 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. Inspite of this, the Jharkhand Education Tribunal decided the matter and restrained the schools, including the appellants, from enhancing the School fees.;