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C/M Pt. Ram Tawankal Inter College Thru Manager And Another v. Joint Director Of Education And Others - SPECIAL APPEAL No. 976 of 2005 [2005] RD-AH 2004 (22 August 2005)


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Court No.32

Special Appeal No.976 of 2005

Committee of Management vs. Joint Director of

Education & others

Hon'ble S. Rafat Alam, J.

Hon'ble Vikram Nath, J.

This special appeal arises from the order of the learned Single Judge dated 22.7.2005 whereby the learned Single Judge, by an interim order, stayed the order of the Joint Director of Education, Vindhyachal Mandal, Mirzapur dated 15.12.2001.

At the outset, preliminary objection was raised by Shri P.S. Baghel, learned counsel for the respondent about the maintainability of the appeal on two grounds.  Firstly, against such interim order appeal does not lie.  Secondly, the appellant has already moved an application on 27.7.2005 to recall the order of the learned Single Judge dated 22.7.2005.

On the other hand, Shri R.N. Singh, learned Senior Counsel appearing for the appellant submitted that since the order of the learned Single Judge is in the nature of judgment as the relief, which could have only be granted finally, is granted in the writ petition and as such against such an order appeal lies.  He further submitted that it is true that an application to recall the order of the learned Single Judge is moved but since there is hardly any chance of taking up the matter, as the learned Single Judge is sitting in Division Bench he has advised his client to withdraw that application and, therefore, the appeal may be heard on merit.  He further drew our attention to a Division Bench judgment of this Court in the case of Committee of Management, M.M.I. Inter College, Bijnor vs. Dy. Director of Education, 10th Circle and others, 1994 (24) ALR 410 and submitted that if any amendment in the scheme of administration is made and the same is approved, it comes into effect immediately and the term of the existing committee is to be calculated in accordance with the amended scheme of administration.  He, therefore, submitted that in view of the aforesaid judgment of the Division Bench the order of the learned Single Judge cannot sustain.

We have considered the submissions made on both sides.

It is true that when the interim order amounts to judgment special appeal can be maintained.  However, in view of the fact that the appellant has already moved recall application on 27.7.2005, it would be appropriate that recall application may be decided by the learned Single Judge expeditiously.

In this view of the matter, we dispose of this appeal at this stage, without going into the merit of the contention raised on behalf of the appellant, with the order that the recall application be placed before the learned Single Judge for orders on 2.9.2005 along with the record of the writ petition.  We request the learned Single Judge to decide the recall application or, if possible, dispose of the writ petition on merit on that date subject to other business of the Court.  We further modify the order of the learned Single Judge, to the extent, that till the disposal of the recall application, the status quo, in respect of the committee of management of the institution, as of date, shall be maintained by the parties.

With the above order the special appeal stands finally disposed of.




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