IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 97 of 2007 1. Smt. Shaheen Khanam W/o Mohd. Anwar Zia, R/o Village Kulhal, Dehradun. 2. Muzibur Rehman S/o Zahoor Hasan, R/o Haripur Road, Herbertpur, Dehradun. ........... Appellants Versus 1. State of Uttarakhand, through Secretary, Basic Education, Dehradun. 2. Director, Basic Education, State of Uttarakhand, Dehradun. 3. Upper Zila Shiksha Adhikari / District Basic Shiksha Officer, Dehradun. ........... Respondents Mr. D.S. Mehta, Advocate on behalf of Mr. M.C. Pant, Advocate for the appellants. Mr. Lalit Sharma, Brief Holder for the respondents. JUDGMENT Coram: Hon’ble V.K. Gupta, C.J. Hon’ble J.C.S. Rawat, J. V.K. GUPTA, C. J. (Oral) After hearing the learned counsel for the parties and with their consent, we dispose of this appeal as settled and pass the following order: Because the writ petition was disposed of by the learned Single Judge vide his judgment dated 23rd April 2007 in the absence of the counter affidavit filed by the respondents herein who were also the respondents in the writ petition, the judgment of the learned Single Judge, on this ground alone, is set aside with directions that the writ petition shall be re-heard after inviting the counter affidavit of the respondents in the writ petition and the rejoinder affidavit thereof, if any, of the writ petitioners. To ensure that the writ petition is disposed of expeditiously, we direct that the respondents shall file the counter affidavit in two months from today and the writ petitioners may file rejoinder affidavit thereto, if any, within four weeks thereafter. If this is not done, the right of the defaulting party shall stand closed without reference to the Bench. The appeal stands disposed of. No order as to costs. (J.C.S. Rawat, J.) (V.K. Gupta, C. J.) 12.02.2008 12.02.2008 A