This appeal is directed against the order dated 20th July, 1995 passed by the learned Single Judge in Writ Petition No, 25722 of 1994 by which writ petition filed by respondent No. 1 has been allowed and order dated 18th July, 1994 passed by respondent No. 2, Deputy Director, Education, VII Region, Gorakhpur, has been quashed and respondent No. 1 has been held entitled to continue on the post of Principal.

2. The learned counsel appearing for the respondent No. 1 raised a preliminary objection, questioning the maintainability of the special appeal. The submission of the learned counsel is that the order dated 18th July, 1994* has been passed by respondent No, 2 in exercise of the appellate powers as provided in Regulation-3 of Chapter-II of the Regulations framed under the U. P. Intermediate Education, Act, 1921. As the order impugned in this appeal has been passed in a writ petition arising out of an appellate order the appeal is not legally maintainable under Rule 5 of Chapter-VIIl of the Rules of the Court.

3. The learned counsel for the appellant on the other hand submitted that the order of the Deputy Director, Education dated 18th July, 1994 has been passed in exercise of pow

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