Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 530 of 2021 Appellant :- Abdul Naim Respondent :- The Committee Of Management, Qasmia Inter College And 5 Others Counsel for Appellant :- Manish Kumar Pandey Counsel for Respondent :- C.S.C.,Fuzail Ahmad Ansari
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Subhash Chandra Sharma,J.
Civil Misc. Exemption Application No. 1 of 2021 The application seeking exemption from filing certified copy of the order of the High Court is allowed.
The defect stands cured.
Memo of Appeal This appeal is against the interim order dated 15.07.2021 passed by learned Single Judge in pending writ petition. The appeal against the interim order is not maintainable.
We have however gone through the appeal to appreciate the argument of the appellant. The interim order was passed on a writ petition preferred by Committee of Management Qasmia Inter College and others to challenge the order dated 29.12.2020 to appoint Authorized Controller in the institution. The petition was nothing do with the claim of the appellant herein and otherwise it was not a writ petition by the appellant to claim the benefits, as prayed in the impleadment application. The dispute raised in the writ petition is not even directly related to the appellant herein rather it is between the Committee of Management of the college and Joint Director of the Institution.
The learned Single Judge kept it open for District Inspector of School, Bijnor to examine the claim of Abdul Naim i.e. appellant herein yet this appeal has been preferred by him. It is mainly on the two questions. Firstly, that the interim order has been passed staying operation of the order dated 29.12.2020 regards to appointment of Authorized Controller. The order aforesaid was not passed against the appellant herein, rather it was against the Committee of Management. The reason to challenge the interim order could not be clarified and as to how the appellant can have locus to challenge it. His claim has been kept open for consideration, thus how he is aggrieved by the interim order could not be explained. All the aforesaid questions could not answered by learned counsel and thereby we find, no substance in appeal even on merit. Thus, on both the grounds, it is dismissed.
Order Date :- 28.7.2021 A. Singh (Subhash Chandra Sharma,J.) (Munishwar Nath Bhandari, A.C.J.)