IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No.53 of 2008 Jagdish Chandra Pathak S/o Sri Fakir Dutt Pathak Principal, Adarsh Higher Secondary School, Sanjay Nagar, Bindukhatta District Nainital .……… Appellant Versus District Education Officer, Nainital & others ……… Respondents Mr. Sudhir Singh, Advocate for the petitioner. Mr. J. P. Joshi, Chief Standing Counsel for the respondents. Coram: Hon’ble V.K. Gupta, C.J. Hon’ble J.C.S. Rawat, J. V.K. GUPTA, C. J. (Oral) After arguing for a while, learned counsel for the appellant seeks to withdraw the appeal with liberty to the appellant to appear before the respondent no.3-Addl. District Education Officer (Basic), Nainital and to raise all pleas available to the appellant including the plea that respondent no.3 does not have jurisdiction over the matter. 2. The special appeal is dismissed as withdrawn with liberty to the appellant to raise all the aforesaid pleas. It is also observed and directed that if any order is ultimately passed adverse to the appellant, the appellant shall be at liberty to avail and challenge the same in accordance with law. (J.C.S. Rawat, J.) (V.K. Gupta, C. J.) Dated 24.04.2008 LSR