Uttarakhand High Court
Committee Of Management Sri ... vs State Of Uttarakhand And Others on 23 August, 2021
HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition (M/S) No. 1140 of 2021
Committee of Management Sri Maheshanand
Kanya Junior High School, Maajra,
Dehradun through its Manager ... Petitioner
Vs.
State of Uttarakhand and others ... Respondents
Advocates : Mr. C.K. Sharma, learned counsel for the petitioner
Mr. Ganga Singh Negi, learned Additional Chief Standing Counsel
for the State of Uttarakhand
Hon'ble Sharad Kumar Sharma, J.
(Through Hybrid Mode)
The petitioner, which is an elected Committee of
Management of Sri Maheshanand Kanya Junior High School,
Maajra, Dehradun, has preferred this writ petition, praying for
issuance of a writ of certiorari, quashing the impugned order
dated 08.03.2021, which was passed by the District Education
Officer (Primary Education), Dehradun, as well as for issuance of
a writ of mandamus, commanding the respondents to release the
salary to the teaching and non teaching staff of the said
recognised aided school, as well as for an appropriate direction to
the District Education Officer (Primary Education), Dehradun, to
grant the approval to the newly elected Committee of
Management of Sri Maheshanand Kanya Junior High School,
Maajra, Dehradun, the election of which was alleged to have
been conducted on 23.12.2020.
2. If the reason which has been assigned in the impugned
order, is taken into consideration, the sole ground as assigned by
the District Education Officer (Primary Education), Dehradun,
for not granting an approval/recognition to the newly elected
Committee of Management of Sri Maheshanand Kanya Junior
High School, Maajra, Dehradun was on the ground that as on the
date, when the election was conducted and the documentations
were made to his office for the purposes of grant of an approval
to the newly elected Committee of Management of Sri
Maheshanand Kanya Junior High School, Maajra, Dehradun, the
society under which the Committee of Management was
functioning, its registration as granted under the Societies
Registration Act, had expired and hence, no approval could be
granted to the newly elected Committee of Management, where
the registration of the society itself has expired.
3. Though this fact is being strongly refuted by the learned
counsel for the petitioner, on the pretext that on the date when the
documentation for the approval of the newly elected Committee
of Management, was sent to the office of District Education
Officer (Primary Education), Dehradun, on that date itself, the
petitioner had presented the renewed registration certificate of the
society with the other documents and the renewal of the society
which was granted on 06.03.2021, which was made to operate till
10.10.2025. In that eventuality, he submits that the embargo
which has constituted, as to be a sole reason for denying to
recognise the newly elected Committee of Management, was
absolutely not sustainable because the renewal certificate was
presented before the District Education Officer (Primary
Education), Dehradun, whereby a request was also made for the
release of salary to teaching and non teaching staff of the school,
which was withheld by the respondents, only on this pretext that
the society of the petitioner Committee of Management was not
registered.
4. The provisions of the Societies Registration Act, as it has
been made applicable to the State of Uttar Pradesh, by virtue of
amendment which was carried by an Act No. 52 of 1975, had
inserted Section 3A(6), which reads as under:-
"(6) Where a certificate of registration is renewed in
accordance with sub-section (2) or sub-section (5) such
renewal shall operate from the date of expiration of the period
for which the certificate was operative."
5. If the said provision is taken into consideration, it provides
that where a certificate of registration of the society, registered
under the Societies Registration Act is renewed in accordance
with sub Section (2) or sub Section (5) of Section 3A of the
Societies Registration Act, as applicable to the State of U.P.,
which now stands applicable to the State of Uttarakhand, in view
of the provisions contained under the Reorganisation Act, on the
renewal of the registration of the society made it would stand
renewed from the date when the registration of the society
expired and it will operate from the date of its expiration.
6. In that eventuality, the contention of the petitioner from the
pretext that the society stood renewed and the documentation of
the renewal was already presented before the respondent No. 3,
but still denial to recognise the newly elected Committee of
Management, to manage the affairs of the junior high school, was
absolutely contrary to the law, because the implications of
Section 3A(6), would be that the society was registered, even as
on the date when the election of the society was conducted on
23.12.2020 by virtue of the implication of Section 3A (6) of the
Societies Registration Act.
7. In view of the simplicitor implications of Section 3A(6),
the election of the society, which was conducted on 23.12.2020,
the documents which were later on sent for an approval to the
District Education Officer (Primary Education), Dehradun, along
with the documents of renewal of registration of society dated
06.03.2021, it ought not to have been denied on the ground that
the society was not registered.
8. In view of the implications of Section 3A(6), the writ
petition would stand allowed. The impugned order, passed by the
District Education Officer (Primary Education), Dehradun dated
08.03.2021, would stand quashed. A writ of mandamus is issued
to the respondent No. 3, to consider and grant approval to the
newly elected Committee of Management of Sri Maheshanand
Kanya Junior High School, Maajra, Dehradun, the election of
which was said to have been conducted on 23.12.2020, in the
light of the impact of renewal granted on 06.03.2021, to be read
in consonance with the provisions contained under Section 3A(6)
of the Societies Registration Act, and accordingly, after granting
the necessary approval to the newly elected Committee of
Management of the petitioner, the District Education Officer
(Primary Education), Dehradun would also consider the aspect
for the release of salary of teaching and non-teaching staff of the
said institution, within a period of one month from the date of
service of the certified copy of this judgment.
9. Subject to the above observation, the writ petition would
stand allowed.
(Sharad Kumar Sharma, J.)
23.08.2021
Mahinder/
