C/M R.P. Inter College Kamalganj, ... vs State Of U.P. And 3 Others
2017 Latest Caselaw 5240 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - C No. - 46870 of 2017
 

 
Petitioner :- C/M R.P. Inter College Kamalganj, Farrukhabad
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Mohd. Hesamuddin Khan,Archit Mandhyan,Mr. Ashok Khare
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Heard Sri Ashok Khare learned Senior Advocate assisted by Sri Archit Mandhyan learned counsel for the petitioner and learned Standing counsel for the respondents.

The petitioner claims to be elected committee of management of the institution namely R.P. Inter College Kamalganj, Farrukahbad, which is being run by the registered society under the name of Rajput Patharia Vidhyalya Sabha, Kamal Ganj, Farrukhabad. Submission is that an Authorized Controller has been appointed vide order dated 20.03.2010 in the said institution pursuant to the interim order dated 25.02.2010 passed in writ petition no.10539 of 2010 (C/M R.P. Inter College Kamalganj, Farrukahbad Vs. State of U.P. & others)

The said writ petition was withdrawn by order dated 21.10.2010. It appears from the record that at the relevant point of time, the dispute was with regard to the office bearers of the executive committee of the society and the members of the General body of the Society. It is demonstrated by the learned senior counsel for the petitioner that the list of members of the General body of the society and office bearers of the executive committee of the society had been registered by the Assistant Registrar, Firms Societies and Chits, Kanpur Division, Kanpur, for the year 2017-18.

A copy of the said list is appended at page 105 of paper book. Submission is that on account of the dispute of the elected office bearers of the executive committee of the society having been brought to an end with the dismissal of the writ petition no.10539 of 2010 as withdrawn, the order dated 20.03.2010 has lost its efficacy. The Authorized Controller cannot be allowed to continue to manage the institution in question.

The election of the committee of management of the institution concerned has also taken place on 18.12.2016 and papers were presented alongwith the communication dated 29.01.2017. Reminders have been sent, thereafter, in the months of April 2017 and July 2017 however, till date no decision has been taken by the Joint Director of Eduction, Kanpur Division, Kanpur.

Only prayer made by learned Senior Counsel for the petitioner during the course of the argument is to issue a direction to the respondent no.3 namely the Joint Director of Eduction (Madhyamik) Kanpur Region, Kanpur to take a decision in accordance with law.

To this prayer, learned Standing Counsel has no objection.

Considering the above noted prayer, without entering into the merits of the claim made by the petitioner, the present writ petition is being disposed of with the direction to the Joint Director of Eduction (Madhyamik) Kanpur Region, Kanpur to take a final decision with regard to the election of the Committee of management dated 18.12.2016, after due notice and opportunity to all concerned.

Order Date :- 9.10.2017

Himanshu