Allahabad High Court
Purnmasi Yadav vs State Of Up Thru ... on 9 July, 2019
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 25
Case :- MISC. SINGLE No. - 18684 of 2019
Petitioner :- Purnmasi Yadav
Respondent :- State Of Up Thru Prin.Secy./Addl.Chief Secy. Higher Edu.&Ors
Counsel for Petitioner :- Pt. S. Chandra
Counsel for Respondent :- C.S.C.,Manish Pandey
Hon'ble Mrs. Sangeeta Chandra,J.
Oral
Heard Pandit S. Chandra for the petitioner and Sri Manish Pandey appearing for the opposite party nos. 4 & 5.
This petition has been filed by one individual member of the General Body of the Society by the name of Baba Baruadas Shikshan Sansthan (Vanijya Prashikshan Udyog) Paruiya Aashram, Ambedkar Nagar which runs a Graduate and PostGraduate College by the name of Baba Baruadas Snatkottar Mahavidalaya Paruiya Aashram, Ambedkar Nagar.
It has been submitted by the learned counsel for the petitioner that the petitioner being a life member of the Society and also the member of the Committee of Management of the College is concerned with the inaction of the University on the repeated representation made by him bringing to its notice illegalities being committed by the opposite party no. 8 who has been recognised the officiating Management of the Committee of Management arrayed as opposite party no. 7.
It has been submitted that the the elections for the Committee of Management of the College were held in August 2016 and were approved on 20.9.2016. The Manager of the College - Shri Narmadeshwar Mishra died on 16.10.2016. A casual vacancy on the post of Manager of the College thus occurred. Dr. Devi Prasad Tiwari - the opposite party no. 8 who was working as Deputy Manager was asked to officiate as Manager of the College, regular elections were held on 27.1.2017 thereafter.
Before such elections were held, the opposite party no. 8 gave a notarised affidavit that none of his relatives were working in the College. This affidavit was false as w.e.f. 25.8.2014 Varun Kumar Tiwari, the nephew of Dr. Devi Prasad Tiwari was working in the College as Clerk on contractual basis initially and later on was appointed regular Clerk w.e.f. 31.8.2016.
The petitioner made a representation with regard to violation of Section 39 of the U.P. State Universities Act initially to the Registrar of the University i.e. Dr. Ram Manohar Lohiya University, Faizabad and later on to the Vice Chancellor and even the Chancellor. However, no action has been taken by the respondent nos. 4, 5 & 6 in the matter, therefore he has been forced to approach this Court.
It has been submitted by Pandit S. Chandra that Dr. Devi Prasad Tiwari has now been appointed as Vice Chancellor of a University at Ranchi, still he continues to be recognised as Manager of the College, because of his influence as he is retired District Judge.
It has been submitted that although a Division Bench of this Court in the case of Umesh Chandra & another Vs. Mahila Vidyalaya Society, Aminabad, Lucknow & others 2006 (24) LCD1373 has held that an individual member cannot file a writ petition spousing the cause of the Society, without being duly authorised by a resolution passed by the Society, the said judgment is distinguishable as this Court in a later Division Bench judgment in the case of Ratan Kumar Solanki Vs. State of U.P. has observed that an individual member can file a writ petition where his democratic rights are being effected or where the illegal action of the State respondents or their inaction results in an individual grievance to such a member. In the case of the petitioner who is a life member and also a member of the Committee of Management of the Society duly elected in a regular elections held on 28.8.2016, the petitioner is concerned with the way in which the College is being run by the opposite party no. 8.
This Court feels that the interest of justice would suffice if the representation made by the petitioner dated 8.1.2018 to the Vice Chancellor of the University is directed to be decided by the Vice Chancellor as he has recognised the opposite party no. 8 as Manager of the College in spite of violation of Section 39 of the State Universities Act as alleged.
The writ petition is disposed of with a direction to the Vice Chancellor to decide the representation dated 8.1.2018 made by the petitioner after giving opportunity of hearing to all concerned within a period of four months from the date a certified copy of this order is produced before the authority concerned.
Order Date :- 9.7.2019
Arif
