Heard learned counsel for the appellant on the point of admission of second appeal and perused the records.
Admittedly, plaintiffs of the original suit are educational institutions who run schools. Defendant/appellant had implemented rules from year 1994, which provides that for purposes of billing recognized non commercial institutions would come under LMV-I schedule, and the recognized schools or recognized commercial institutions would be placed in accordance with LMV-II schedule of the U.P. Power Corporation Ltd. The dispute between the parties is as to whether plaintiffs fall in category for institutions of LMV- I schedule or for institutions of LMV-II schedule.
The trial court had held that plaintiffs are non recognized commercial institutions, therefore, LMV-I schedule will be applicable for them. This finding was reversed by the judgement dated 23.01.2016 of first appellate court which had discussed this mater and held that there is no difference between affiliation and recognition and plaintiffs are recognized institutions, so for them LMV-II schedule should be applicable. With this finding, first appellate court had accordingly, allowed the appeal and decreed the original suit, against which present second appeal has been preferred by defendant/U.P. Power Corporation Ltd.
This contention of learned counsel for the appellant requires consideration as to whether this finding of first appellate court is correct or not that there is no difference between affiliation and recognition, and whether the plaintiffs' case is that of LMV-II schedule or not. Therefore, this appeal is admitted.
Following substantial question of law is framed.
" Whether this finding of first appellate court is erroneous and perverse that there is no difference between affiliation and recognition, and therefore plaintiffs' case come under category of recognized schools/institutions for entitlement of LMV-II schedule ? If so, its effect ?
Summon the lower court records.
Issue notice to the respondents. Steps within 15 days by both ways.
List after service of notice.
Order Date :- 6.5.2016 Sanjeev