2003 (4) TMI 615 - HC - Indian Laws

Summary

ISSUES PRESENTED and CONSIDERED

The primary issues considered by the Court were:

• Whether an order can be quashed if it is not part of the record presented before the Court.
• Whether a consequential order can be challenged without first challenging the basic order upon which it is predicated.

ISSUE-WISE DETAILED ANALYSIS

Issue 1: Whether an order can be quashed if it is not part of the record presented before the Court.

Relevant legal framework and precedents: The Court referenced the precedent set in Surender Singh v. Central Government, which established that in the absence of the impugned order being on record, a High Court cannot quash such an order. The requirement is that a copy of the order must be produced before the Court to ascertain the reasons that led to its issuance.

Court's interpretation and reasoning: The Court emphasized that without the impugned order being filed or placed on record, it is impossible to evaluate the rationale behind the authority's decision. This procedural requirement ensures that the Court can appropriately assess the validity and legality of the order in question.

Key evidence and findings: The petitioner failed to provide the order dated 11.8.1999, which modified the upgradation of the school, nor was there any application to direct the respondents to supply this order. The absence of this crucial document meant that the Court could not consider quashing it.

Conclusion: The petition was dismissed on the grounds of non-maintainability due to the absence of the impugned order on record.

Issue 2: Whether a consequential order can be challenged without first challenging the basic order upon which it is predicated.

Relevant legal framework and precedents: The Court cited C.P. Chitranjan Menon and Ors. v. A. Balakrishnan and Ors., which held that without challenging the basic order, a subsequent consequential order cannot be contested. This principle was further supported by Roshan Lal and Ors. v. International Airport Authority of India and Ors., where the Court noted that the validity of consequential orders could not be examined without first addressing the basic order.

Court's interpretation and reasoning: The Court reasoned that the petitioner was under a legal obligation to challenge the basic order of modification of the upgradation before contesting the transfer of teachers, which was a consequential action stemming from the basic order.

Key evidence and findings: The petitioner only challenged the transfer of teachers without addressing the modification order of the school's upgradation. This oversight rendered the petition non-maintainable, as the foundational challenge was absent.

Conclusion: The Court concluded that without challenging the basic order, the petition regarding the consequential transfer order was not maintainable.

SIGNIFICANT HOLDINGS

The Court held that:

• "In absence of order under challenge, the High Court could not quash the same. Normally whenever an order of the Government or some authority is impugned before the High Court under Article 226 of the Constitution, copy of the order must be produced before it."
• Without challenging the basic order, a party cannot challenge a consequential order, as established in C.P. Chitranjan Menon and Roshan Lal.

Core principles established:

• The necessity of having the impugned order on record for judicial review.
• The requirement to challenge the foundational order before contesting any consequential orders.

Final determinations on each issue:

• The petition was dismissed as not maintainable due to the absence of the impugned order on record and the failure to challenge the basic order of modification.
• The interim order passed earlier by the Court was vacated.