- (1.) This special appeal by the State and by the Basic Shiksha Adhikari, Etawah arises from the judgment and order of the learned Single Judge dated 28 May 2013 in a second appeal.
(2.) At the outset, we must note that we had called upon the learned Additional Advocate General to submit on the maintainability of the special appeal since the impugned judgment and order of the learned Single Judge has been rendered in a second appeal. The submission which has been urged is that the State and the Basic Shiksha Adhikari are in appeal only against the directions issued by the learned Single Judge in paragraphs 15, 16 and 17 of the impugned judgment and order.
(3.) The grievance of the appellants is that though the learned Single Judge held that the second appeal which has been filed by the Basic Shiksha Adhikari was not maintainable, the learned Single Judge, instead of dismissing the second appeal, proceeded to issue directions which are not relatable to the exercise of the jurisdiction in the second appeal arising out of a decree passed by the trial Court. Hence, it has been submitted that the special appeal would be maintainable.;