HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL No. - 279 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard Sri Sanjay Mishra, learned counsel appearing for the appellant, learned Standing Counsel for the State-respondent nos.1 to 4, Sri Shobhit Mohan Shukla, learned counsel appearing for respondent no.5 and Sri Aviral Singh, learned counsel appearing for respondent no.6. 2. This is an appeal challenging a time bound interim order dated 08.08.2025 passed in Writ-A No.8901 of 2025 [Dr. Binay Kumar vs. State of U.P. & Ors.] by which the order impugned before the writ court has been stayed. 3. The appellant before us is the complainant on whose complaint the order impugned before the writ court has been passed. 4. The writ court has found prima facie merit in the submission made before it on behalf of the petitioner-Principal of the institution that the order impugned had been passed without any opportunity of hearing to him. Secondly, the allegation therein are mainly against the Committee of Management but surprisingly by the order impugned before the writ court, the attestation of signatures of the Principal was cancelled. 5. The contention of learned counsel for the appellant was that inspite of repeated directions of the authorities and this Court, the Principal has not Versus Counsel for Appellant(s) : Sanjay Misra, Pratyush Mishra Counsel for Respondent(s) : C.S.C., Aviral Singh, Shobhit Mohan Shukla Girish Chandra Pandey .....Appellant(s) State Of U.P. Thru. Prin. Secy./Addl. Cief Secy. Deptt. Of Secondary Education Lko. And 5 Others .....Respondent(s) complied with the same and neither reinstated him nor paid salary. 6. Per contra, learned counsel for the private respondent says that the appeal itself is not maintainable under Chapter VIII Rule 5 as it is directed against a time bound interim order. He submits that the order of the Joint Director, non-compliance of which is being alleged by the appellant before this Court is under Challenge before this Court in Writ-A No.4906 of 2025 and there is an order that the application for interim relief would be considered but it has not been considered for the past one year. 7. Having heard learned counsel for the parties and having perused the records, we are of the opinion that so far as the appellant-complainant before us is concerned, the only grievance he can have is the non- compliance of the orders of Joint Director passed in his favour in pursuance to certain orders of the High Court. As of now, he is unable to satisfy us that an opportunity of hearing was given to the respondent- Principal before passing of the impugned order. Considering the fact that the appeal is against a time bound interim order, it is not maintainable. Without prejudice to the rights of the parties in the pending writ petition, we see no reason to interfere in this appeal with the order impugned. 8. However to balance the equities we provide that the writ petition filed by the respondent-Principal bearing Writ-A No.4906 of 2025 which is tagged with Writ-A No.8901 of 2025 shall be listed on 03.09.2025 before the learned Single Judge as a fresh case. We request the learned Single Judge to kindly consider the application for interim relief in Writ-A No.4906 of 2025. We make it clear that in the event any interim order is passed by the writ court in Writ-A No.4906 of 2025 in favour of the respondent-Principal pertaining to compliance of the order of Joint Director in respect of the appellant herein it shall be dealt with accordingly. However, after hearing the matter, if the writ court is not inclined to grant any interim relief and passes an order to that effect, in that event, the respondent-Principal shall have to comply the order of Joint Director subject to the result of the writ petition. We also grant liberty to the appellant herein to seek vacation of the interim order which has been impugned before us uninfluenced by any observation made SPLA No. 279 of 2025 2 herein which shall also be considered accordingly. 9. Accordingly, the appeal is disposed of in the aforesaid terms. August 28, 2025 Shanu/- SPLA No. 279 of 2025 3 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench