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Allahabad High Court · body

2015 DIGILAW 3720 (ALL)

Karan Singh Kapse v. State of U. P.

2015-11-30

D.Y.CHANDRACHUD, YASHWANT VARMA

body2015
JUDGMENT This special appeal has arisen from an interlocutory order of the learned Single Judge by which the operation of the orders of the District Inspector of Schools dated 15 June 2015 and 14 August 2015 was stayed. The learned Single Judge has prima facie observed that the submission that the resolution of no confidence has been passed in violation of the provisions contained in Rule 9(3) of the bye laws which provides both the quorum and a majority of 3/4, requires consideration. 2. In our view, it is not appropriate for the Court to entertain a special appeal against a purely interlocutory order. The issue as to whether the DIOS was resolving a purely civil dispute or was resolving a matter which is related to his statutory duties, is a mixed issue of law and fact which would have to be resolved at the hearing of the writ petition. All that we observe is that the issue of maintainability is left open to be decided when the petition comes up for hearing before the learned Single Judge. The applicability of the judgment of the learned Single Judge in Taptej Singh Saini vs. State of U.P. and others (Writ - C No.15675 of 2012) may be urged before the learned Single Judge at the hearing of the writ petition. 3. Subject to the aforesaid observation, the special appeal is dismissed. There shall be no order as to costs.