Societies Registration Act limits registration to specific non-service purposes; employee/volunteer welfare associations for grievances and service conditions against employer ineligible, irrespective of departmental No Objection Certificate.

JUDGMENT :

Ajay Mohan Goel, J.

By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-

“1. Issue a writ in the nature of certiorari quashing the impugned orders/communications dated 16.02.2024, and 24.10.2024, refusing N.O.C. and registration of Association;
2. Issue a writ in the nature of mandamus directing the Respondents to process and grant the registration of the Petitioner’s Association under the Himachal Pradesh Societies Registration Act, 2006.”

2. The case of the petitioner is that he is serving as Home Guard and is the President of a proposed Society of Home Guards, i.e. Home Guards Welfare Association, Himachal Pradesh. According to the petitioner, he alongwith his colleagues in a General Meeting held on 28.06.2024, through a Resolution, proposed to form an Association in the name and style of Home Guards Welfare Association, Himachal Pradesh. The objective of the Association was promoting welfare, addressing grievances and representing the legitimate interests of the Home Guards in Himachal Pradesh. The application for registration was submitted in the Office of Registrar of Societies on 04.08.2023. Vide letter dated 16.02.2024 (Annexure P-3), the request for registration of the Society was refused. It was further mentioned in the communication that subscribers of the Memorandum of Association, who were intending to form and register the Association had stated their occupation as agriculturists, which was inappropriate as services of Home Guards in the State are generally utilized for maintaining law and order. It was further mentioned in the communication that objections were raised by the Police Department in a similar case regarding the registration of Himachal Pradesh Police Welfare Association, citing that such Association was not permissible under the Police Act. It was also mentioned in the communication that in order to avoid any potential complication and litigation at a later stage, the subscribers of the Memorandum of Association were advised to take No Objection Certificate/ permission from the concerned Administrative Department to become elective office bearers of the proposed Association, provided there is no restriction in the Himachal Pradesh Home Guards Act, 1968 to form an Association by the Home Guard, as stated by the Police Department. It was also mentioned in the communication that clarifications regarding the status of the subscribers as to whether they were serving Government servants or agriculturists shall also be obtained.

3. According to the petitioner, feeling aggrieved by Annexure P-3, he through a Lawyer obtained information under the Right to Information Act whether the Home Guards were volunteers or Government servants. Said information was sought on 10.03.2024. In response thereto, though copies of rules and instructions were provided, but no reply was given to the query. In the petition, a reference has also been given of previous writ petition filed by the petitioner for registration of the Association as a Society and the representations made by the petitioner in this behalf to the Registrar of Societies on 23.08.2024 as well as representations submitted to Additional Director General-cum-Commandant General, Home Guards, Himachal Pradesh for issuance of a No Objection Certificate. The No