C/M Shri Gandhi Smarak Inter ... vs State Of U.P. And 4 Others
2023 Latest Caselaw 2993 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL No. - 54 of 2023
 

 
Appellant :- C/M Shri Gandhi Smarak Inter College Through Its Manager And Another
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Appellant :- Rajesh Kumar Singh,Sr. Advocate
 
Counsel for Respondent :- C.S.C.,S B Singh,Sharad Kumar Pandey
 

 
Hon'ble Manoj Misra,J.

Hon'ble Vikas Budhwar,J.

We have heard Sri Ashok Khare, learned senior counsel assisted by Sri Rajesh Kumar Singh for the appellants; learned Standing Counsel for respondents 1 to 4; and Sri R.K. Ojha, learned senior counsel assisted by Sri S.B. Singh for respondent no.5.

This intra-court appeal is against the judgment and order of the learned single Judge dated 21.11.2022 passed in Writ C No.27702 of 2022 whereby the writ petition filed by the appellants was disposed of with certain directions without interfering with the order dated 30.06.2022/01.07.2022 impugned in the said writ petition.

In brief, the facts giving rise to the instant appeal are as follows : For recognition of the Committee of Management of an institution named Sri Gandhi Smarak Inter College, Ram Nagar, Vidhmauwa, Jaunpur papers were submitted by the fifth respondent stating that its Committee was elected unopposed under the supervision of an observer. On the basis of those papers, signature of Smt. Preeti Dube was attested as Manager of the Committee of Management (fifth respondent) by order of the District Inspector of Schools, Jaunpur dated 21.12.2021. The order dated 21.12.2021 was subjected to challenge by the current appellants by filing Writ C No.48800 of 2022 on the ground that they have a rival claim and as there exists two rival claims with regard to management of the Institution, the matter ought to have been referred to the Regional Level Committee for adjudication. This Writ C No.48800 of 2022 was allowed by order dated 07.04.2022 and the order attesting the signature of Preeti Dube dated 21.12.2021 was set aside while the matter was remitted to the District Inspector of Schools, Jaunpur to decide the issues afresh with a clarification that if, after exchange of papers between the parties, the District Inspector of Schools, Jaunpur finds that there exits a genuine rival dispute he would refer the same to the Regional Level Committee.

Pursuant to the order in Writ C No.48800 of 2022, the District Inspector of Schools, Jaunpur examined the matter afresh. After examining the matter, the District Inspector of Schools, Jaunpur by order dated 01.07.2022 accepted the claim of the fifth respondent. Aggrieved with which, the appellants have filed Writ A No.27702 of 2022.

Learned single Judge by the order impugned in this appeal disposed of Writ C No.27702 of 2022 by observing that from the papers produced it appears that the writ petitioners had been expelled from the General Body of the Society; that the General Body of the Society and that of the institution are same; that objection in respect of their expulsion is pending consideration before the Assistant Registrar, Firms, Societies and Chits, Varanasi therefore, till such objections are decided the claim of the writ petitioners cannot be accepted. More over, if those objections are decided in their favour a recall application could be filed. Accordingly, the writ petition was disposed off by giving a direction upon the Assistant Registrar, Firms, Societies and Chits, Varanasi to decide the issue regarding the validity of the resolution expelling the petitioners from General Body of the Society as also the validity of the list of members submitted for registration before the Assistant Registrar with observation that if the Assistant Registrar comes to a conclusion that expulsion was illegal, the writ petitioners would be at liberty to file an application for recall of the order passed by the District Inspector of Schools, Jaunpur dated 30.06.2022/01.07.2022 impugned in Writ A No.27702 of 2022.

The order of the learned single Judge has been assailed by the learned counsel for the appellants (writ petitioners), inter alia, on the grounds : (a) that the District Inspector of Schools, Jaunpur while passing the order impugned in the writ petition dated 01.07.2022 had been harboring a belief that the objections of the writ petitioners with regard to their expulsion from the General Body of the Society had been rejected by the Assistant Registrar, Firms, Societies and Chits, Varanasi vide order dated 07.04.2021, which was incorrect; and (b) much weightage to registration of papers and renewal of the Society on submission of those papers was given to the contesting respondents when such weightage was not required, inasmuch as, it is well settled position in law that benefit of renewal of registration of a Society enures to all its members and not only to the one who submits papers. In addition to above, learned counsel for the appellants submitted that as there was no adjudication of any authority as regards the validity of resolution of expulsion of the writ petitioners, the District Inspector of Schools, Jaunpur should have either determined the issue himself or to have referred the issue to the Regional Level Committee more so, when there existed a direction to that effect of this Court dated 07.04.2022 in Writ C No.48800 of 2022. It has thus been argued that this was a case where the District Inspector of Schools, Jaunpur ought to have referred the issue to the Regional Level Committee and not adjudicate the same at its level. It was contended that the learned single Judge fell in error by not interfering with the order of the District Inspector of Schools, Jaunpur.

Per contra, learned counsel for the contesting respondent no.5 submitted that here is a case where the election set up by the fifth respondent was an election held under the supervision of an observer appointed by the department; there was a resolution in existence disclosing expulsion of the writ petitioners from the membership of the Society; that order of expulsion has not been set aside by any authority nor declared illegal; that the papers of the Society and other resolutions were registered at the instance of the fifth respondent; that the General Body of the Society and the institution being the same and there being clear indication that the fifth respondent was in control of the affairs of the institution, it is therefore not a fit case where the writ court should interfere with the order impugned. Consequently, the leaned single Judge rightly did not interfere with the order impugned in the writ petition. Moreover, substantial justice has been done by giving liberty to the writ petitioners to apply for recall of the order of the District Inspector of Schools, Jaunpur if their objections are sustained by the Assistant Registrar.

We have given our thoughtful consideration to the rival submissions and have perused the record. What we notice from the record is that although the order dated 01.07.2022 passed by the District Inspector of Schools, Jaunpur was challenged by the appellants but there was no interim order granted during the course of writ proceedings. The order of the District Inspector of Schools, Jaunpur has therefore remained in operation since the date it was passed which means it has remained in operation for a period exceeding six months by now. No doubt, there is some substance in the submissions of learned counsel for the appellants that the District Inspector of Schools, Jaunpur while passing the impugned order dated 01.07.2022 had wrongly observed that by order of the Assistant Registrar dated 07.04.2021 the objections taken by the appellants to their alleged expulsion dated 30.11.2020 were rejected. But that, by itself, is not a good ground to disturb the state of affairs that have remained in existence for the last six months. More over, this is a case where there are rival claims and the rival claims will be decided on the basis of decision of the Assistant Registrar on the objections in respect of the list of members including, the alleged expulsion of the appellants from the membership of the Society. In these circumstances, in our view, ends of justice would best be served if we give liberty to the appellants to file their claim before the Regional Level Committee constituted under Government Order dated 19.12.2000 for deciding the Management disputes pertaining to educational institutions governed by the U.P. Intermediate Education Act, 1921. This appeal is, therefore, disposed off by giving liberty to the appellants to move an application before the Regional Level Committee constituted under the Government Order dated 19.12.2000. Such application may be submitted in the office of the Joint Director of Education, Varanasi Region, Varanasi. If any such application is submitted within three weeks from today, the Regional Level Committee shall proceed to take its own decision without being prejudice by any observations made by the District Inspector of Schools, Jaunpur in his order dated 01.07.2022. Needless to add that if during the course of adjudication, the Assistant Registrar, Firms, Societies and Chits, Varanasi takes a decision on the objections with respect to the validity of the resolution expelling the writ petitioner no.2 from the General Body of the Society as also the list of members submitted for registration before him, the same shall be taken into consideration by the Regional level Committee while passing its final order.

We deem it appropriate to clarify that we have not interfered with the order passed by the learned single Judge to the extent a direction has been issued to the Assistant Registrar, Firms Societies and Chits, Varanasi to decide the objection with respect to the validity of the resolution expelling the writ petitioner no.2 from the General Body of the Society as also to the list of members submitted for registration before the Assistant Registrar. It is also clarified that the order impugned in the writ petition dated 30.06.2022/01/07.2022 shall be subject to the final decision taken by the Regional Level Committee. Needless to add that the Regional Level Committee shall pass its order after giving full opportunity of hearing to the parties concerned, preferably within eight weeks from the date application is submitted before the Joint Director as permitted above.

The appeal stands disposed off.

Order Date :- 30.1.2023.

Rks.