SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2010 Supreme(All) 2095

[2010(6) ADJ 730]
ALLAHABAD HIGH COURT
BEFORE : DILIP GUPTA, J.
COMMITTEE OF MANAGEMENT, BIPIN BIHARI MAHAVIDYALAYA, JHANSI AND ANOTHER …..Petitioners
Versus
STATE OF U.P. AND OTHERS ….Respondents
(Civil Misc. Writ Petition Nos. 12893 and 5121 of 2010,
decided on 5th July, 2010)

Advocates:
Counsel :
Gautam Baghel, P.S. Baghel for the Petitioner; C.S.C. and Neeraj Tripathi for the Respondents.

Headnote:U.P. State Universities Act, 1973—Sections 2(13) and 40—Recognition—Committee of Management—Grant of—Quashing of impugned order dated 1.12.2009 passed by Vice-Chancellor sought—Mere pendency of enquiry before the State Government cannot be made a ground for postponing the decision regarding grant of recognition to Committee of Management—State Government satisfied that Committee of Management has committed default—Such election of Committee of Management cannot be said to be illegal even if the society was not registered at relevant time—Impugned order quashed. [Paras 16 to 30]

       Result; Petitions Allowed.

       

JUDGMENT

Hon’ble Dilip Gupta, J.—Writ Petition No. 12893 of 2010 has been filed by the Committee of Management of Bipin Bihari Mahavidyalaya, Jhansi and Pramod Kumar Gupta claiming himself to be its Manager for quashing the order dated 1st December, 2009 passed by the Vice-Chancellor of the Bundelkhand University, Jhansi (hereinafter referred to as the ‘University’) by which, pursuant to the directions issued by the Court on 8th September, 2009 in Writ Petition No. 47900 of 2009 to the Vice-Chancellor of the University to pass an appropriate order on the papers submitted before him for grant of recognition to the Committee of Management of the Institution, the Vice-Chancellor has ordered that an appropriate order for granting recognition shall be passed after the enquiry initiated by the State Government against the Committee of Management of the Institution is completed and an order is passed by the State Government in the matter.

2. Writ Petition No. 5121 of 2010 has been filed by the Committee of Management of Bipin Bihari Mahavidyalaya, Jhansi and Pramod Kumar Gupta claiming himself to be its Manager for quashing the orders dated 7th August, 2009 and 8th September, 2009 passed by the Regional Higher Education Officer, Chitrakoot Region, Jhansi and for a direction upon the respondents not to interfere in the smooth functioning of the Committee of Management of the Institution.

3. It is stated in Writ Petition No. 12893 of 2010 that Bipin Bihari College Society (hereinafter referred to as the ‘Society’) is a Society registered under the provisions of the Societies Registration Act, 1860. The said Society established a Degree College by the name of Bipin Bihari Mahavidyalaya, Jhansi (hereinafter referred to as the ‘Institution’) which is affiliated to the University. In the election of the Committee of Management held on 8th June, 2007, Ram Ratan Agarwal was elected as the President and Pramod Kumar Gupta was elected as the Secretary/Manager. Papers relating to the elections were sent to the respective authorities. The lists of office bearers and members of the Committee of Management of the Institution for the years 2007-08, 2008-09 and 2009-10 were registered by the Assistant Registrar, Firms, Societies and Chits, Jhansi (hereinafter referred to as the ‘Assistant Registrar’), but the Vice-Chancellor of the University did not pass any order for granting recognition to the Committee of Management of the Institution under Section 2(13) of the U.P. State Universities Act, 1973 (hereinafter referred to as the ‘Act’). Writ Petition No. 47900 of 2009 was, therefore, filed by the petitioners which was disposed of by the judgment and order dated 8th September, 2009 with the following observations :

“This writ petition has been filed for a direction upon the Vice-Chancellor of the Bundelkhand University, Jhansi (hereinafter referred to as the ‘University’) to grant recognition to the petitioner-Committee of Management.

It is the contention of Sri Gautam Baghel learned counsel for the petitioners that the elections of the Committee of Management were held on 8th June, 2007 and thereafter the petitioners sent the papers to the Vice-Chancellor of the University for passing an appropriate order under Section 2(13) of the U.P. State Universities Act, 1973 for granting recognition to the elections but till date no orders have been passed.

Sri Neeraj Tiwari learned counsel appearing for the respondent-University states that the Vice-Chancellor of the University shall examine the papers and pass an appropriate order in accordance with law expeditiously.

In view of the aforesaid, this petition is disposed of with a direction to the Vice-Chancellor of the University to examine the papers filed by the petitioners and pass an appropriate order expeditiously, preferably within a period of two months from the date a certified copy of this order is produced by the petitioners before the Vice-Chancellor of the University after hearing the parties concerned



























































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top