ASHIK KUMAR DWIVEDI Vs. STATE OF UP

JUDGEMENT

(1.) Present special appeal has been filed against the judgment and order dated 30th March 2010 passed by the learned Single Judge whereby the learned Single Judge while granting time to the Counsel for the parties to exchange the pleadings and fixing a date for admission/hearing in the week commencing 26th April, 2010 and connecting along with Writ Petition No. 53516 of 2009 had stayed the operation of the order dated 20th February, 2010 passed by the District Inspector of Schools, Mainpuri. Briefly stated the facts giving rise to the present appeal are as follows:

(2.) It appears that the District Inspector of Schools, Mainpuri had attested the signature of Ram Sanehi Lal Parashar in the capacity of the Manager of the Institution vide order dated 3rd October, 2009. The present appellant had challenged the order dated 3rd October, 2009 by filing Civil Misc. Writ Petition No. 59072 of 2009. The said writ petition was dismissed by this Court vide judgment and order dated 6th November, 2009. The Court had passed the following order:

(3.) Against the aforesaid order, the present appellant preferred a special appeal before this Court being Special Appeal (Defective) No. 89 of 2010. The appellant withdrew the writ petition as also the special appeal and got it dismissed as withdrawn vide judgment and order dated 28th January, 2010 which is as follows: