COMMITTEE OF MANAGEMENT, PARWATI ARYA KANYA SANSKRIT INTER COLLEGE AND ANOTHER Vs. STATE OF U P AND OTHERS

JUDGEMENT

(1.) Heard counsel for the petitioners, learned standing counsel on behalf of respondent Nos. 1 to 4 and Sri G,K. Singh, learned senior counsel assisted by Sri Shashi Prakash Rai on behalf of one Amol Sharma, who has filed caveat in the matter.

(2.) Nirmala Parwati Arya Kanya Sanskrit Inter College, Arya Samaj Chauk, Budaun, is a registered Society under the provisions of the Societies Registration Act, 1860. It is running a recognised educational Institution in the name of Parwati Arya Kanya Sanskrit Inter College, Budaun. The said Institution has a duly approved Scheme of Administration under section 16-A of the U.P. Intermediate Education Act, 1921. In pursuance of an order passed by the Regional Level Committee on 23 September 2013, elections of the Committee of Management of the Institution is to be held from members of the General Body, who were enrolled up to 30 March 2008. The order of the Regional Level Committee dated 23 September 2013 referred above was subjected to challenge by the second petitioner by filing Writ 'C' No. 68449 of 2013. This Court by judgment dated 28 May 2014 dismissed the writ petition and upheld the order of the Regional Level Committee wherein, it was held that enrolment of members after 30 March 2008 was illegal. The persons whose membership was not accepted were given liberty to avail such other remedy, as may be available to them under law. The second petitioner submitted a list of General Body before the Assistant Registrar, Bareilly that included the name of various persons, whose membership was not accepted by the Regional Level Committee. The Assistant Registrar registered the list of members of the General Body for the year 2014-15 by an order dated 1 June 2015. On the same date, he passed another order directing the second petitioner to conduct elections of the Society on the basis of list of General Body registered by him. Aggrieved thereby, a Writ Petition No. 37313 of 2015 - Committee of Management Arya Kanya Sanskrit Inter College, Budaun and another Versus State of U.P. and others was filed before this Court. By an order dated 16 July 2015, this Court stayed the order of the Assistant Registrar dated 10 June 2015 registering the list of General Body as well as the election proceedings initiated on the basis of such list

(3.) In pursuance of the order of the Regional Level Committee dated 23 September 2013, election of the Institution was held on 9 February 2014. In the said election, the caveator Amol Sharma was elected as Manager. These elections were accorded approval by the third respondent by order dated 11 February 2014. The said order and the election proceedings were subject matter of challenge in Writ 'C' No. 27246 of 2014 by the petitioners. This Court by judgment and order dated 15 May 2014, quashed the order of the District Inspector of Schools dated 11 February 2014 and directed the third respondent to pass fresh order after affording opportunity of hearing to the rival claimants taking into consideration the objections filed by the parties. In pursuance thereof, the District Inspector of Schools by an order dated 3 January 2015 held that elections which were conducted on 9 February 2014 were contrary to the provisions of the Scheme of Administration and consequently, refused to accord approval to the same. He further directed that within a period of three months, fresh elections shall be conducted in compliance of the order of the Regional Level Committee dated 23 September 2013. In the meantime, an order for single operation of the accounts was also passed. The said order was challenged by the caveator by filing Writ 'C' No. 3749 of 2015 but the writ petition was dismissed by order dated 28 January 2015 on the ground of availability of alternative remedy of approaching the Regional Level Committee.