DENESH KUMAR SHARMA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This Special Appeal is filed against the judgment dated 31-8-2004 rendered by a learned single Judge of this Court in civil Writ Petition No. 1190(S/S) of 2003. The appellant was the fifth respondent in the writ petition which was filed by the fifth respondent herein.

(2.) When this appeal came up for admission on 20-4-2005, Mr. D. S. Patni, learned counsel for the fifth respondent raised a preliminary objection that the appeal is not maintainable in view of the provisions contained in Rule 5, Chapter VIII of the Allahabad High Court Rules as applicable to the High Court of Uttaranchal and the judgment of the Division Bench of Allahabad High Court in S. B. Nath v. Committee of Management, Anglo Bengali Inter College, Allahabad reported in (1996) 1 UPLBEC 102. The learned counsel for the appellant was given time to examine the position. Today, we have heard learned counsel for the appellant and also learned counsel for the respondent.

(3.) The writ petition was filed challenging Annexure 1 order passed by the Regional Joint Director of Education, Garhwal Region, Pauri, Uttaranchal. The said order was passed on an appeal filed by the fifth respondent in the writ petition (appellant herein) under Regulation 3(1) (f) of Chapter II of Regulations framed under the Intermediate Education Act, 1921 against the decision of the Administrator, Sri Guru Nanak Public Boys' Inter College Deharadun. The writ petition was allowed and the impugned order was set aside by the learned single Judge. Against the judgment of the learned single Judge, the appellant filed Petition for Special Leave to Appeal (Civil) No. 15316 of 2004 before the Hon'ble Supreme Court. But on 21-2-2005, the said Special Leave Petition was dismissed as withdrawn in view of the statement made by the learned counsel for the petitioner that the petitioner has a remedy by way of filing a Special Appeal before the Division Bench of the High Court and that he desires to withdraw the writ petition. Thereafter, this Special Appeal has been filed.