ARYAVARTA INTERMEDIATE COLLEGE, BHAISAULI, FATEHPUR, THROUGH MANAGER AND ANOTHER Vs. DISTRICT IN INSPECTOR OF SCHOOLS, FATEHPUR AND OTHERS

JUDGEMENT

(1.) This is a defendants petition directed against the orders passed by the courts below disposing of a preliminary issue relating to the jurisdiction of the trial court to entertain a suit filed by the respondent no. 2 against the petitioners for a declaration that an order passed by the District Inspector of Schools under the provisions of Sec. 16-G (2) of the U.P. Intermediate Education Act granting the approval to the committee of management of the petitioner no. 1 college with regard to the action of the dismissal taken by the college against the respondent no. 2 was null and void.

(2.) The relevant facts are these:-

(3.) The trial court considered the above as a preliminary issue answered it against the defendant holding that the suit was not barred by Sec. 16-G (4) of the aforesaid Act. The defendants thereupon filed a revision under Sec. 115 of the Code of Civil Procedure before the learned District Judge. Fatehpur. The learned District Judge has dismissed the revision agreeing with the view taken by the trial court as regards to the jurisdiction of the trial court to take cognizance of the suit.