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2017 Supreme(All) 1149
ALLAHABAD HIGH COURT
MRS. SANGEETA CHANDRA, J.
COMMITTEE OF MANAGEMENT, RADHA KRISHNA ADARSH SANSKRIT VIDYALAYA AND ANOTHER - Petitioners
Versus
STATE OF U.P. AND OTHERS - Respondents
(Civil Misc. Writ Petition No. 48253 of 2004, decided on 5th October, 2017)
Counsel :
G.K. Singh, Pankaj Misra, Upendra Misra and V.K. Singh for the Petitioners; C.S.C., Anil Kumar, Anil Tiwari, Ashok Kumar Shukla and Rajeev Mishra for the Respondents.
Headnote:U.P. State Universities Act, 1973—Section 2 (13)—Societies Registration Act, 1860—Section 25—Educational Society—Grant of recognition—Directions against respondents sought to recognize petitioners’ Committee of Management as duly in elections held on 14.12.2002—Office bearers of society had admittedly failed to hold elections within time specified in rules of that society—Admittedly no elections have been held for past several years of Society in question—Even list of valid members as notified by Authorized Controller after hearing both parties, of 66 members has now become out dated—Section 2(13) contemplates grant of recognition by University to Managing Committee of Society charged with the managing affairs of College—Under Section 25(2) of 1860 Act, Registrar may call a meeting of General Body of Society and take such action as is required under bye-laws of said Society for holding elections of Committee—Impugned direction issued by Vice-Chancellor while refusing to recognize Committee headed by petitioner No. 2 and observing that four life members of Society who were still alive out of nine original life members must produce list of valid members as recognized on 15.2.1987 before DIOS and DIOS to thereafter get the election conducted on basis of list of members dated 15.2.1987 held liable to be set aside—Direction issued to Registrar to take appropriate steps under Section 25 (2) for calling a meeting of General Body of Society—Further directions issued. [Paras 15 to 50]
Result; Petition Disposed of.
Hon’ble Mrs. Sangeeta Chandra, J.—This writ petition has been filed by petitioners’ Committee of Management headed by its manager Dinesh Chandra Singh challenging the order dated 3rd of October, 2004 passed by the Vice Chancellor, Sampurnanand Sanskrit University, Varanasi and praying for a writ in the nature of Mandamus commanding the respondents to recognize the petitioners’ Committee of Management as duly elected in the elections held on 14.12.2002.
2. This writ petition had earlier been dismissed on 1.5.2013 as having become infructuous but the petitioners filed Special Appeal No. 893 of 2013 which was allowed by a Division Bench of this Court on 31.5.2013, and the matter was remanded back to this Court to be heard on merits.
3. It is the case of the petitioners that a Society by the name of Shri Radha Krishna Adarsh Sanskrit Vidyalaya, Sukhpura, Ballia was registered sometime in the year 1981. The said Society runs a Sanskrit Mahavidyalaya affiliated to Sampurnanad Sanskrit University. As per the bye-laws of the Society the term of Committee of Management is five years.
4. In the year 1987 a dispute arose with regard to the selection on the post of Principal. The University had sent Dr. Adya Prasad Mishra as an expert but the allegation made by Dr. Adya Prasad Mishra as endorsed by the Deputy Registrar and Vice Chancellor of the University, was that the signatures of the expert sent by the University were forged. Dr. Adya Prasad Mishra never attended the selection allegedly held in which one Shri Barmeshwar Nath Pandey, Assistant Teacher, was selected as Principal. The Registrar and Vice Chancellor of the University thereafter sent several letters to the Committee of Management for setting aside the selection of Shri Barmeshwar Nath Pandey and for removing the Secretary/Manager Balram Singh.
5. It is the case of the petitioners that the orders/letters of the University were not complied with as the allegations made by the University were found false by the Committee of Management. By an election held 0n 7.7.1991 Balram Singh was again elected as Secretary/Manager and one Laxmi Narayan Giri was elected as President of the Committee of Management. Papers were sent to the University and to the Assistant Registrar under Societies Registration Act and the District Inspector of Schools for recognition of the election held on 7.7.1991.
6. Before such an election could be recognized one Dr. Deena Nath Ojha sent papers for approval of election held on 10.1.1992 in which Dr. Deena Nath Ojha was elected as Manager/Secretary and Chandra Dev Pandey was elected as President.
7. On 27.3.1992 the University recognized the Committee of Management headed by Dr. Deena Nath Ojha and being aggrieved with the same, the petitioner filed writ petition No. 30377 of 1992 and an interim order was granted by this Court on 26.8.1992.
8. The Assistant Registrar under Societies Registration Act also passed two orders in favour of Dr. Deena Nath Ojha on 30.9.1992 and 3.10.1992 which were challenged by the petitioner by filing writ petition No. 48826 of 1992 and this Court passed an interim order on 2.12.1992.
9. It has been averred by the petitioners that in compliance of the interim orders dated 26.8.1992 and 2.12.1992, the Committee of Management headed by Balram Singh continued to function. On 8.7.1996 when writ petition No. 30377 of 1992 was again taken up for hearing, this Court modified the interim order, directing the Deputy Director of Education to ask the District Inspector of Schools to take over the charge of the institution as an Authorized Controller and to conduct fresh elections of the Committee of Management within three months.
10. The District Inspector of Schools, however, did not comply with the order passed by this Court and on 28.1.2000 the Court directed the Deputy Director of Education and District Inspector of Schools to show-cause as to why the order dated 8.7.1996 had not been complied with. The Court further directed
