D.B. CIVIL SPECIAL APPEAL (W) NO.1123/2008 (Bishan Dayal Gupta Vs. State of Rajasthan & Ors.) DATE OF ORDER : 19.12.2008 HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. D.P. Sharma for the appellant. Mr. M.C. Bhoot for the Caveator. Heard learned counsel for the parties and perused the impugned order dated 11.12.2008 passed by the learned Single Judge. Having perused the impugned order, it appears that it is purely an interim order passed by the learned Single Judge, whereby, the appellant Bishan Dayal Gupta has been directed to submit a representation to the Management Committee of K.B. Upper Primary School, Ladnu for redressal of his grievances with regard to his joining in the institution and such representation was required to be considered and decided by the Committee within a period of three days after its receipt. This order was passed on 11.12.2008 and the case has been listed today before the learned Single Judge for orders, but inspite of getting the representation decided by the Committee, the appellant has simultaneously approached this Court in Special Appeal. -2- Having perused the impugned order, it appears that no direction has been given by the learned Single Judge with regard to Mukesh Kumar Yadav for taking charge or not. The Management Committee has been empowered to take adequate decisions. In this view of the matter, we are of the view that this Special Appeal has been filed against the interlocutory order. However, if the appellant wants to agitate the issue about Shri Mukesh Kumar Yadav, he may agitate before the learned Single Judge for final disposal of the writ petition and the learned Single Judge may pass appropriate order in accordance with law. Accordingly, the Special Appeal is dismissed. (DEO NARAYAN THANVI), J. (A.M. KAPADIA), J. ms rathore