By the Court.—The Special Appeal has been filed against the judgment and order dated 21.10.2008 passed by learned Single Judge by which the writ petition has been dismissed as not maintainable.

2. We have heard Shri Vivek Verma, learned Counsel for the appellant, learned Standing Counsel appearing for respondents No. 1 to 3, Shri V.B. Mishra, learned Counsel appearing for respondent No. 5 and Shri Ghanshyam Maurya, learned Counsel appearing for respondent No. 6.

3. Shri Vivek Verma, learned Counsel for the appellant submits that the learned single Judge has dismissed the writ petition on the basis of the decision rendered in Special Appeal No. 547 of 2004, Mala Devi v. State of U.P. and others, decided on 17.5.2004 (All)(DB). The said decision is based on the decision of learned single Judge in Writ Petition No. 15908 of 2003, Pradeep Kumar v. Adhyaksha Gram Shiksha Samiti and others, decided on 15.4.2003 (All) (DB), but the decision in Pradeep Kumar’s case was set aside by another Division Bench of this Court in Special Appeal No. 338 of 2003.

4. The order passed by the Division Bench is reproduced below :

‘’By consent of parties this appeal is treated as on day’s list and