Court No. - 21
Case :- SPECIAL APPEAL No. - 454 of 2017 Appellant :- Ram Jee Dwivedi Respondent :- Rakesh Nath Pandey & 6 Others Counsel for Appellant :- Akhilesh Tripathi Counsel for Respondent :- C.S.C.,Arvind Kumar Mishra,Shivam Yadav
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is preferred to question correctness of order dated 02.08.2017 passed by learned single Judge passed in Writ - A No. 32330 of 2017.
Under the order aforesaid, learned single Judge while calling the respondents to file counter affidavit to the writ petition passed an interim order staying the effect and operation of the orders dated 04.05.2017 and 15.05.2017 passed by respondent nos. 2 and 5. The interim order was only to till next date of listing, however, on the next date of listing i.e. 03.10.2017.
In appeal, argument advanced by learned counsel appearing on behalf of the appellant is that the respondent-petitioner is not possessing the requisite qualification to hold the post of principal and even he is not eligible to hold the post of teacher and as such there was no occasion for granting interim order by the learned single Bench.
On going through the record and considering the argument advanced, we do not find any merit on the same.
Learned single Bench on 02.08.2017 adjourned the petition for writ for 03.10.2017 to have a counter affidavit to the writ petition. The appellant should have filed a counter affidavit to the petition for writ, and if he had any grievance with regard to interim directions issued, application would have been moved for vacation of the same, instead of filing the appeal. In the light of it, we are not inclined to entertain this appeal, hence the same is dismissed.
The interim order granted by the learned single Bench shall remain in operation till the next listing of the petition for writ.
Order Date :- 24.8.2018 Prajapati [Chandra Dhari Singh, J] [Govind Mathur, J]