ARVIND KUMAR CHANDEL Vs. HIGH COURT OF CHHATTISGARH

JUDGEMENT

(1.) As per the common order dated 23.01.2020 passed by the learned Single Judge, the Interim Applications filed by the writ petitioners to permit them to participate in the District Judge Entry Level Examination (General Category) after granting the benefit of age relaxation being members belonging to OBC came to be rejected; which is put to challenge in these appeals.

(2.) Heard Mr. Goutam Khetrapal and Mr. Krishna Tandon, learned counsel for the Appellants as well Mr. Ashish Shrivastava, learned standing counsel for the High Court of Chhattisgarh.

(3.) Normally, no appeal is maintainable against an interim order, by virtue of the statutory bar under the proviso to Section 2(1) of the Chhattisgarh High Courts (Appeal to Division Bench) Act, 2006. The said proviso stipulates that no appeal shall lie against an interlocutory order under Article 226 or against an order passed in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. Scope of the said proviso has been examined by a Full Bench of this Court and as per judgment dated 25.01.2017 passed in Writ Appeal No. 255 of 2016, it has been held that, if only the interim order is having the effect of finality, would an appeal lie against such order.