DIRECTOR OF EDUCATION Vs. BHATIKAR MODEL HIGH SCHOOL

JUDGEMENT

(1.) HEARD Shri Noorani, learned Addl. Government Advocate, appearing for the Petitioner and Shri V. R. Tamba, learned Counsel appearing for the Respondent nos. 1 and 2.

(2.) THE above Petition challenges the Judgment/Order dated 24.06.2008, whereby the preliminary objection raised by the Petitioner herein to the maintainability of the Appeal preferred by the Respondent no.1, came to be rejected.

(3.) ON the other hand, Shri Tamba, learned Counsel appearing for the Respondent nos. 1 and 2, has supported the impugned Judgment/Order. Learned Counsel has pointed out that on plain reading of the provision of Section 22 of the said Act, an Order passed under Section 11(2) of the said Act is appeal-able under sub-section (e) of Section 22 of the said Act. Learned Counsel further pointed out that on plain reading of Rule 95 of the said Rules, it clearly provides that any Order refusing permission by the Director of Education, is subject to the Order under Section 22 of the said Act. Learned Counsel further submits that considering that Section 22 contemplates an Appeal under the said Act, the inescapable conclusion is that the order refusing permission by the Director, is subject to an Appeal under Section 22 of the Act. Learned Counsel has taken me through the impugned Judgment and pointed out that the learned Tribunal has rightly appreciated the provisions of law and, as such, no interference is called for in the impugned Judgment.