S.Rafat Alam, Sudhir Agarwal, JJ. - (1.) This special appeal arises from the order of the Hon'ble Single Judge dated 1.12.2006 whereby the interim order has been granted staying the operation of the order dated 18.11.2006 impugned in the writ petition preferred by the respondents.
(2.) Sri Ashok Khare, learned Senior Counsel appearing for the appellant vehemently contended that the Hon'ble Single Judge without recording any reason granted interim order and therefore the same cannot be sustained. He placed reliance on a Division Bench judgment of this Court in the case of Union of India and others v. Rama Dental College, Hospital and Research Centre, Kanpur Nagar and another, 2006 (10) ADJ 7 and in Special Appeal No. 1054 of 2006, Shamsher Singh v. Bindhyavasini Singh and others, decided on 14.9.2006 wherein it has been held that any interim order containing no reasons cannot be sustained.
(3.) On the other hand, Sri I.R. Singh, learned Counsel for the petitioner-respondents opposes the appeal and submitted that the same is not maintainable as the order under appeal is an interim order against which no appeal lies under Chapter-VIII Rule 5 of the Rules of the Court. He further placed reliance on a Division Bench judgment in the case of Society Madarsa Mazahir Uloom Mubarak Shab, Saharanpurv. Muzaffar Hussain, 1994 (1) UPLBEC 277 and sought to argue that the special appeal under the Rules of the Court is maintainable only against the judgment and not against an interim order and right of appeal being a statutory right, in the absence of any such right conferred by the statute, this appeal is not maintainable.;