COMMITTEE OF MANAGEMENT OF NATIONAL INTEGRATED MEDICAL ASSOCIATION THROUGH ITS SECRETARY/MAN ACER AND OTHERS Vs. STATE OF U.P.AND OTHERS

JUDGEMENT

(1.) HEARD learned Counsel for the appellants.

(2.) THIS is an appeal against the following order of the learned Single Judge dated 17.9.2008 in a writ petition which is pending:

(3.) A Division Bench of this Court in Mohd. Tabib Khan v. State of U. P. and others 2008 (1) ALJ 455=2007 (69) ALR 34 (Sum), has laid down relying on earlier judgments of this Court that Special Appeal under Chapter VIII Rule 5 of the Rules of the Court is not maintainable against an order passed by one Judge in a writ petition where the order of the Prescribed Authority is under challenge.