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2009 Supreme(All) 1689
HIGH COURT OF ALLAHABAD
Honble V.K. Shukla, J.
KUSUM TIRTH
Versus
STATE OF U P
Decided On : 22 April 2009
The main legal point established in the judgment is the determination of the maintainability of a writ petition against a private society registered under the Societies Registration Act, 1860, in relation to the affairs of an affiliated school.
Headnote:
Writ Petition - Affiliation of School with CBSE - Societies Registration Act, 1860 - [Societies Registration Act, 1860] - The court discussed the maintainability of a writ petition against a private society registered under the Societies Registration Act, 1860, in relation to the affiliation of a school with CBSE. The court referred to the case of M. K. Gandhi and others vs. Director of Education (Secondary), U. P. Lucknow and others, and various other legal provisions and precedents to determine the maintainability of the writ petition.
Fact of the Case:
The petitioners sought to quash letters issued by the U. P. Police Shiksha Samiti regarding the appointment and training of teachers at Green Meadows School, affiliated to CBSE.
Finding of the Court:
The court found that the writ petition against the private society was not maintainable as it involved disputed questions of fact and private civil rights, and the remedy lay in filing a civil suit and applying for injunction.
Issues: The main issue was the maintainability of the writ petition against a private society registered under the Societies Registration Act, 1860, in relation to the affairs of the school.
Ratio Decidendi: The court held that the remedy for adjudicating disputed questions of fact and private civil rights in relation to the society's authority lay in filing a civil suit and applying for injunction, and not in the writ jurisdiction.
Final Decision: The writ petition was dismissed, but the petitioners were allowed to institute a civil suit and apply for injunction if necessary.
( 1 ) PRESENT writ petition has been filed by the petitioners for quashing of the letters dated 12. 02. 2009/08. 03. 2009 and 18. 03. 2008 issued by respondent No. 3, U. P. Police Shiksha Samiti through its Chairman. Petitioners are teaching and non-teaching staff of Green Meadows School, Police Training Centre, Pratham Chakkar Ka Maidan, Moradabad, which is affiliated to Central Board of Secondary Education (CBSE), New Delhi. Petitioners submit that the Green Meadows School was established in the Police Training Centre, Pratham Chakkar Ka Maidan, Moradabad for imparting education to the students up to class V. It has been stated that on 24. 10. 1998, a committee was formed and the same was got registered under the provisions of Societies Registration Act, 1860 with the Registrar, Firms, Societies and Chits. Petitioners submit that the Committee of Management of the School applied for no objection certificate from the State Government for its affiliation with CBSE, New Delhi and said permission was accorded on 19. 11. 1993 and thereafter affiliation had been accorded with effect from the academic session 1994-95 and since then the affairs of Green Meadows School are being governed and controlled by the Bye-laws of the CBSE, New Delhi. Petitioners claim that with the passage of time, their services have been confirmed vide order dated 11. 02. 1995. Petitioners have further mentioned that U. P. Police created a society, which was registered on 08. 08. 1997 known as U. P. Police sh9ksha Samiti. Said society has framed its bye-laws for the purposes of running Police Modern School throughout the State of U. P. Petitioners have contended that Police Modern School at Moradabad is situated within the campus of 9th Bn. P. A. C. which is far away from the campus of Dr. Bhimrao Ambedkar Police Academy, Moradabad. The petitioners have tried to contend that status of both the schools is different. It has also been stated that the Committee of Management of the school is not getting any financial assistance/aid or monetary benefit from the U. P. Police Shiksha Samiti nor any aid is being credited by the Sate Government. The petitioners have contended that resolution has been passed on 12. 02. 2009 in respect of petitioners institution and as per which all the teachers and employees of the school will have to undergo training test and will be given fresh appointment on contractual basis. The petitioners have also tried to contend that Police Shiksha Samiti has no control or any business with the affairs of respondent No. 2. Both the committees are different and individual body having their own legal and separate existence. At this juncture present writ petition has been filed.
( 2 ) ON presentation of writ petition, preliminary objection has been raised by Sri K. K. Chand, learned Standing Counsel, that in the present case, the institution in question is affiliated to CBSE and respondent No. 3 is a private society registered under the Societies Registration Act, 1860, as such writ petition under Article 226 of the Constitution is not maintainable. Countering the said submission Sri I. P. Singh, learned counsel for the petitioner, contended that respondent No. 3 has been discharging public duty, as such writ petition is fully competent and maintainable.
( 3 ) AFTER respective arguments have been advanced, the question to be looked into is as to whether the writ petition against private society is maintainable or not.
( 4 ) A Full bench of this Court qua an institution, which was affiliated to CBSE, in the case of M. K. Gandhi and others vs. Director of Education (Secondary), U. P. Lucknow and others, (2005) 3 UPLBEC 2187, while considering point No. IV has held as under:
"point-IV to VI: WRIT AGAINST THE SCHOOL--NOT MAINTAINABLE 36. Is a writ petition maintainable for,. violation of the bye-laws that do not have statutory force?. enforcement of a private contract between the school and the teacher? we are afraid; our answer ha
