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IN THE HIGH COURT OF ALLAHABAD
G. P. Mathur, A. C. J. and Ashok Bhushan, J.
COMMITTEE OF MANAGEMENT, S. D. P. G. COLLEGE - Appellant
Versus
V. B. S. PURVANCHAL UNIVERSITY - Respondents
Special Appeal 1299 Of 2002
Decided On : 12/13/2002
MANAGEMENT - Dispute regarding recognition of Committee of Management under U. P. State Universities Act, 1973 - Section 2 (13), Statute 13. 05, and Statute 13. 34 - The court discussed the legal provisions under the U. P. State Universities Act, 1973, and the relevant statutes, emphasizing the procedure for recognizing the Committee of Management and the resolution of disputes between rival claimants. The court clarified the jurisdiction of the Vice Chancellor in deciding disputes and the necessity for rival claimants to raise a dispute under Statute 13. 34. The judgment set aside the order of the learned single Judge and allowed respondent Nos. 3 and 4 to establish their rights regarding the management of the college in a competent civil court or raise a dispute before the Vice Chancellor under Statute 13. 34.
Fact of the Case:
The case involved a dispute regarding the recognition of the Committee of Management of a college under the U. P. State Universities Act, 1973. The appellant challenged the judgment of the learned single Judge in a writ petition filed by respondent Nos. 3 and 4, seeking the quashing of the order dated 30th October, 2000, and a writ of mandamus for restraining the Committee of Management represented by respondent Nos. 3 and 4 from interfering with the peaceful functioning of the Committee of Management claimed by the appellant.
Finding of the Court:
The court found that respondent Nos. 3 and 4 were not entitled to any direction in their writ petition. The learned single Judge had disposed of the writ petition without considering the materials brought before the court by the appellant. The court set aside the order of the learned single Judge and allowed respondent Nos. 3 and 4 to establish their rights regarding the management of the college in a competent civil court or raise a dispute before the Vice Chancellor under Statute 13. 34.
Issues: The issues involved in the case included the recognition of the Committee of Management, the resolution of disputes between rival claimants, and the jurisdiction of the Vice Chancellor in deciding disputes under the U. P. State Universities Act, 1973.
Ratio Decidendi: The court clarified the procedure for recognizing the Committee of Management and the resolution of disputes between rival claimants under the U. P. State Universities Act, 1973. The court emphasized the necessity for rival claimants to raise a dispute under Statute 13. 34 and allowed respondent Nos. 3 and 4 to establish their rights regarding the management of the college in a competent civil court or raise a dispute before the Vice Chancellor under Statute 13. 34.
Final Decision: The special appeal was allowed, and the order of the learned single Judge was set aside. The court allowed respondent Nos. 3 and 4 to establish their rights regarding the management of the college in a competent civil court or raise a dispute before the Vice Chancellor under Statute 13. 34.
( 1 ) WE have heard Sri Ashok Khare, senior advocate assisted by Sri J. P. Singh for the appellant, dr. R. G. Padia, senior advocate assisted by Sri R. N. Yadav for respondent Nos. 3 and 4 and Sri anil Tiwari for respondent Nos. 1 and 2.
( 2 ) BY this special appeal, appellant has prayed for quashing the judgment dated 27th November, 2002 passed by learned single Judge in Writ Petition No. 45067 of 2002 filed by respondent Nos. 3 and 4.
( 3 ) BRIEF facts giving rise to this special appeal are ; Sri Durgaji Post Graduate College, chandeshwar, Azamgarh is a college affiliated to Veer Bahadur Singh Purvanchal University, jaunpur. Late Sri Chandrabali Shastri Brahmchari executed a registered trust deed on 5th december, 1962, creating a Trust to run and manage Durgaji Post Graduate College. A Society was also registered on 30th September, 1964 under Societies Registration Act, 1860. On 16th september, 1997, trust deed was amended and a Will deed in favour of one Sri Phool Chandra singh was executed by Sri Chandrabali Shastri Brahmchari. Sri Phool Chandra Singh was to be manager of the Trust and institution. On 12th October, 1999, an election of the Committee of management was held in which Dr. Dhirendra Singh was elected as President, late Sri chandrabali Shastri Brahmchari as Manager and Sri Kanhaiya Singh as Deputy Manager. The election dated 12. 10. 1999was communicated to the University and was recognised by the university. Before the term could expire, Sri Chandrabali Shastri Brahmchari died on 27. 9. 2000. The Committee of Management passed a resolution on 29. 9. 2000 electing Sri Kanhaiya Singh (who was functioning as Deputy Manager) as Manager for the remaining term of the committee. The Vice Chancellor vide its letter dated 13. 10. 2000 approved the resolution dated 29. 9. 2000. A writ petition being Writ Petition No. 53162 of 2000 was filed by respondent Nos. 3 and 4 praying for writ of certiorari for quashing of the order dated 30. 10. 2000. A writ of mandamus was also claimed for restraining the Committee of Management through Kanhaiya Singh from interfering in any manner with the peaceful functioning of the Committee of Management claimed to be represented by respondent Nos. 3 and 4. In the aforesaid writ petition, initially an interim order was granted but the writ petition was finally dismissed on 26th March, 2001. The orders of the Vice Chancellor recognising the selection held on 12th October, 1999 and recognising Sri Kanhaiya Singh as Manager were upheld. Against the judgment dated 26th march, 2001, a special appeal being Special Appeal No. 503 of 2001 was filed by respondent nos. 3 and 4 which has been admitted but no interim order was passed by this Court. The term of the Committee of Management, which was managing affairs of the college, was coming to an end, hence the functioning Committee of Management wrote a letter dated 26th August, 2002, praying for appointment of Observer for the election of the Committee of Management. The vice Chancellor vide its letter dated 14. 9. 2002 appointed one Dr. Sachchidanand Rai, Principal, gandhi Smarak Triveni Post Graduate College, Varda, Azamgarh as Observer. The election of the Committee of Management was held on 28th September, 2002, in presence of the Observer appointed by the University in which appellants Committee of Management was elected. The observer appointed by University submitted a report on 28th September, 2002, itself that appellants Committee of Management has been elected with Kanhaiya Singh as Manager.
( 4 ) RESPONDENT Nos. 3 and 4 also claim to have held an election on 22nd September, 2002 communication of which was submitted on 23rd September, 2002, before the Vice Chancellor. Respondent Nos. 2 and 3 have claimed that although a letter was written to Vice Chancellor for sending an Observer for the election but no heed was paid to the request and one Dr. Virendra upadhyaya, Principal, Adarsh Bharti Sanskrit Mahavidyalaya, Khetasarai,
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