IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 61 of 2007 Director of Education & others. .……… Appellants Versus Ram Chandra & others. .………. Respondents. Mr. B.K. Gupta, Addl. Advocate General for the appellants. Mr. Vinay Upadhyaya, Advocate for respondent Nos. 2 to 5. JUDGMENT Coram: Hon’ble J.S. Khehar, C.J. Hon’ble Sudhanshu Dhulia, J. J.S. KHEHAR, C. J. (Oral) Learned counsel for the parties are agreed that the judgment in Writ Petition (S/S) No. 484 of 2006 was rendered by a learned Single Judge of this Court on 18.04.2006, without allowing the appellants herein to file a counter affidavit. It is, therefore, apparent that the decision rendered by the learned Single Judge was without affording the appellants an opportunity to defend themselves. In the facts and circumstances of this case (as have been noticed herein above), we consider it just and appropriate to set aside the order rendered by the learned Single Judge, disposing of Writ Petition (S/S) No. 484 of 2006 vide order dated 18.04.2006, and remand the matter back to the learned Single Judge for re- determination, after affording the appellants an opportunity to file a counter affidavit. The instant Special Appeal stands disposed of in the aforesaid terms. (Sudhanshu Dhulia, J.) (J.S. Khehar, C. J.) 13.04.2010 13.04.2010 G