JUDGEMENT
B.M. Lal and Markandey Katju, JJ. -
(1.) HEARD Dr. Amber Nath Rai, learned counsel representing appellants and learned counsel representing respondent also. This appeal is directed against an order dated 11.7.94 passed by the learned Single Judge. This fact is not disputed that on account of election dispute of the Committee of Management the District Inspector of Schools referred the matter to the Deputy Director of Education under the provisions of Sec. 16A(7) of the U.P. Intermediate Education Act. Against this order the writ petition was filed. Under the provision of Chapter 8, Rule 5 of the High Court Rules a special appeal is not maintainable if it is filed against any appellate or revisional order or against an order of a Tribunal. We are of the view that while exercising power under Sec. 16A(7) the Dy. Director of Education discharges his duties as a Tribunal. Similar view has been taken by a Division Bench of this Court in Sita Ram Lal v. DIOS, Azamgarh and others, 1994 1 U.P.L.B.E.C. 24. We may also refer to the decision of a Division Bench of this Court in the case of India Thermit Corporation Special Appeal No. 567 of 1994 decided on 23.8.94 where, following the decision in Writ Petition No. 3503 of 1981 decided on 5.11.81, it was held that the Regional Provident Fund Commissioner is a Tribunal. This being so this Special Appeal is not maintainable and is accordingly dismissed. Stay order stands vacated.;
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