S. Rafat Alam, Sudhir Agarwal, JJ. - (1.) Heard learned Counsel for the appellant.
(2.) We are of the view that this appeal under Chapter VIII Rule 5 of the Rules of the Court is not maintainable since the order, which has been impugned in the appeal, is not a judgment as by the said order the Hon'ble Single Judge has simply granted an interim order after being satisfied that a prima facie case is made out for granting the interim relief.
(3.) Learned Counsel for the appellant however sought to argue that his caveat was there and, therefore, in view of the judgment in the case of Committee of Management, Janta Inter College, Bhopa, District Muzaffarnagar v. Deputy Director of Education, I Region Meerut and others, 1996 (1) UPLBEC 313 , the appeal is maintainable. However, we do not find any substance in the submission for the reason that under Chapter VIII Rule 5 of the Rules of the Court, the appeal lies only against a judgment and not otherwise. In Committee of Management, Janta Inter College, Bhopa, District Muzaffarnagar v. Deputy Director of Education (supra), the Court found the appeal maintainable for the reason that besides suspending the operation of the order impugned in the writ petition, the single Judge gave a further positive direction to appoint authorised Controller and this being one of the principle relief in the writ petition, the special appeal was held maintainable as is apparent from para-4 of the judgment, which is reproduced as under: "4. We also do not find any force in the contention of the learned Counsel for the respondents 3 and 4 that the appeal is not maintainable against the interim order. But we have to bear in mind that while suspending the operation of the order the learned Single Judge gave a positive direction to appoint authorised controller. Therefore, this appeal is maintainable.";