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2016 DIGILAW 1507 (ALL)

Krishak Uchchattar Madhyamik Vidyalaya v. State of U. P.

2016-04-22

UMESH CHANDRA SRIVASTAVA, V.K.SHUKLA

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JUDGMENT Committee of Management of Krishak Uchchattar Madhyamik Vidyalaya, Sisai, District Deoria through its Manager is assailing the validity of the order dated 7.4.2016 passed by the learned Single Judge in Writ A No. 15762 of 2016 (C/M Krishak Uchchattar Madhyamik Vidyalaya and another Vs. State of U.P. & 5 others) wherein the learned Single Judge has proceeded to take the appearance memo of Sri Vinod Kumar Singh on record and has directed the matter be listed after one month. 2. On the matter being taken up today, from the side of respondents, a serious issue has been raised qua the maintainability of the special appeal in question by submitting that by means of order dated 7.4.2016 the learned Single Judge has not decided anything that could be termed as a judgement, in view of this, in the facts of the case, special appeal in question should be dismissed as not competent and maintainable. 3. Sri R.C. Dwivedi, Advocate, on the other hand, tried to contend before us that the order dated 7.4.2016 has immediate effect on the rights of the Committee of Management of the college in question and, as such, special appeal in question is competent and maintainable before this Court. 4. We have proceeded to examine the order dated 7.4.2016 and in our considered opinion as per the judgement of Full Bench of this Court in the case of Ashutosh Shrotriya and others Vs. Vice Chancellor, Dr. B.R. Ambedkar University and others, 2015 (8) ADJ 248 , the order for fixing up the matter after one month, same is neither a procedural order nor it has decided anything, in view of this, the special appeal in question is not at all competent and maintainable before this Court. 5. Consequently, in the facts of the case, we are not at all going to entertain the present special appeal in question but we proceed to mention that the incumbents, who have already entered appearance before the learned Single Judge, should file their response within a period of one month and, thereafter, within a period of two weeks rejoinder affidavit be filed and matter be listed after six weeks before the appropriate Bench for final hearing and disposal of the matter in question. With these observations/directions, special appeal stands disposed of.