Dilip Gupta, J. - (1.) CHRIST Church College, Kanpur through its Manager Parvez E. Deen has filed this petition for a direction upon the respondents to release the Bank Account of the petitioner -College which have been stopped by the letters dated 3rd July, 2010 and 5th July, 2010 and to make the same operative. The petitioner has also sought a direction upon the respondents not to interfere in the smooth functioning of the petitioner -College.
(2.) IT is stated that the Christ Church College, Kanpur (hereinafter referred to as the 'College') is affiliated to the Chhatrapati Shahu Ji Maharaj University, Kanpur and is a minority Institution established way back in 1886. The College is run by a Society by the name of "Christ Church College Society, Kanpur" (hereinafter referred to as the 'Society') which was registered on 30th May, 1956. The Society has its own Memorandum and Rules and Regulations. The Lucknow Diocesan Trust Association (hereinafter referred to as the 'LDTA') is a Charitable and Religious Trust incorporated in the year 1924. The Church of North India was inaugurated in 1970 after coming together of six Churches and Diocese of Lucknow within the Church of North India was constituted. All the properties within the Diocese of Lucknow came within the jurisdiction of LDTA. The Bishop of Lucknow, Church of North India became the Chairman of the Society which is under the Church of North India. The Diocesan Council of the Lucknow Diocese made a recommendation for its division into Diocese of Lucknow and Diocese of Agra covering defined territory with the western part of the State coming under the Dioceses of Agra and the eastern part coming under the Diocese of Lucknow. Both the Diocese of Lucknow and LDTA effectively divested all their rights, duties, functions, liabilities, assets etc. in respect of the western part and vested beneficial ownership on the Diocese of Agra for all times to come through Bishop of Agra. Accordingly, The Agra Diocesan Trust Association (hereinafter referred to as the 'ADTA') was incorporated as Charitable Company in October, 1988. The Bishop of the Diocese of Agra became the Chairman of the ADTA. A perusal of the territorial jurisdiction of Agra Diocese will go to show that Kanpur was included in the Diocese of Agra and thus the jurisdiction of the Christ Church College Society, Kanpur shifted from the Diocese of Lucknow to the Diocese of Agra.
(3.) IT is also stated that with the creation of Diocese of Agra, incorporation of ADTA and appointment of Bishop of Agra, it became necessary to incorporate changes in the Memorandum and Rules & Regulations of Christ Church College Society, Kanpur. Accordingly, in the year 1986 a resolution was passed for amendment in Rules & Regulations of the Society and the resolution and the amended Memorandum and Rules & Regulations of the Christ Church College Society, Kanpur were submitted to the Registrar of Societies for intimation. The registration of the Society was also renewed from time to time on the basis of the list supplied by the Secretary of the Society and it was last renewed on 1 8th February, 2006 w.e.f. 10th October, 2005 for a period of five years.;