Pradeep Kant, J. - (1.) HEARD Sri Anil Tiwari, learned Senior Advocate, assisted by Sri Apoorva Tiwari and Dr. L.P. Misra for the respondents.
(2.) THIS special appeal challenges the interim order dated 17.9.2010, by means of which, the order passed by the Regional Level Committee dated 30.8.2010/4.9.2010 and the order dated 9.9.2010 passed by the District Inspector of Schools, Pratapgarh have been stayed. A preliminary objection has been raised by Dr. L.P. Misra against the maintainability of the special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, on the ground that the appeal against an interim order does not lie, moreso, when it does not decide any issue or any controversy involved in the writ petition finally, and also does not affect the right of the appellants in any manner.
(3.) DR . Misra has further submitted that the order under appeal is only a time bound interim order, which does not decide any dispute and, therefore, the appellant could have moved an application for vacation of the stay order but the special appeal would not be maintainable.;