SPA/1030/2018
2021 Latest Caselaw 5415 UK

         IN THE HIGH COURT OF UTTARAKHAND
                             AT NAINITAL
                    SHRI JUSTICE S.K. MISHRA, A.C.J.

                                      AND

                       SRI JUSTICE N.S. DHANIK, J.

SPECIAL APPEAL No. 1030 OF 2018

30TH DECEMBER, 2021

Between:

Yogamber Singh Negi .....Appellant.

and

1. The State of Uttarakhand, through Secretary, School Education, Dehradun.

2. Additional Director, Secondary Education, Garhwal Mandal, Pauri Garhwal.

3. Chief Education Officer, Pauri Garhwal.

4. Authorised Controller Intermediate College, Parsundakhal, Pauri Garhwal.

5. Sri Vinod Singh Rawat, R/o Village Rachhuli, Post Office Parsundakhal, Pauri Garhwal. ...Respondents

Counsel for the appellant: Mr. Pankaj Chaturvedi, learned counsel.

Counsel for the respondents: Mr. K.N. Joshi, learned Deputy Advocate General with Mr. S.S.

Chaudhary, learned Brief Holder for the State of Uttarakhand.

Mr. Navnish Negi, learned counsel for respondent No. 5.

Upon hearing the learned counsel, the Court made the following:

JUDGMENT : (per Sri Justice S.K. Mishra, A.C.J.)

The judgment of the learned Single Judge

dated 06.10.2018 passed in Writ Petition (M/S) No.

124 of 2017 has been assailed in this case.

2. The peculiar facts of the case are that the

respondent No. 5 challenged the order passed by the

learned Single Judge in an Intra-Court Appeal

registered as SPA No. 939 of 2018, which was

disposed of by the learned Division Bench on

16.11.2018. Thereafter, the petitioner has sought

review of that order by filing a review application, and

prayed that the original order passed by the learned

Division Bench be reviewed, which has been dismissed

today. Now, by virtue of this Special Appeal, the

petitioner wants the order of the learned Single Judge

to be set aside, which was set aside by the learned

Division Bench in SPA No. 939 of 2018 and this Court

refused to review the order passed by the learned

Division Bench as per the order dated 16.11.2018

passed in SPA No. 939 of 2018 and MCC Review

Application No. 1637 of 2018.

3. So, this Special Appeal is not maintainable.

Hence, this Special Appeal is dismissed.

4. No order as to costs.

5. Let an urgent copy of this order be supplied to

the parties on a proper application.

____________ (S.K. MISHRA), A.C.J.

____________ N.S. DHANIK, J.

Dt: 30.12.2021 Rathour