Bhanwar Singh, J. - (1.) This petition has been filed for a writ in the nature of mandamus commanding the opposite party Nos. 1 to 3 to withdraw recognition of the opposite party No. 4 unless and until he changes the name of his school. Prayer for awarding damages and suitable punishment by way of appropriate direction has also been pressed into service.
(2.) Lucknow Public School, Jail Road. Anand Nagar Lucknow is running under the aegis of the registered society 'Bharti Shiksha Samiti, Jail Road. Lucknow'. The said society was also running its school under the name and style of Bharti Montessori School, but following a dispute among the members of the Committee of Management, its name was changed to Lucknow Public School, Jail Road, Anand Nagar and this new name was duly approved by the District Basic Shiksha Adhikari vide his letter dated 6.7.1985. The said school was accorded permanent recognition in the year 1987. It is alleged further that by efflux of time, the petitioner school earned name and fame in the field of education. Its students secured meritorious positions in the High Court examinations being held every year. Taking advantage of the goodwill the petitioner school had gained in the past, the opposite party No. 4 Sri C.P. Singh also established a school using the same name as that of the petitioner. Feeling aggrieved of his conduct, the petitioner approached this Court by filing Writ Pelition No. 593 (M/S) of 1997 and prayed for the issuance of a writ in the nature of mandamus commanding the opposite party Nos. 1 to 3 to withdraw the recognition of opposite party No. 1. The Court issued and order on 1.5.2000 and directed the concerned authorities to decide the representation of the petitioner. In pursuance of the said order, the District Inspector of Schools. Lucknow asked the opposite party No. 4 to change the name of his school but refused to withdraw recognition to run the school. As a matter of fact, the fraudulent act of opposite party No. 4 in using the petitioner's name with a view to mislead the public was enough for the District Inspector of Schools to withdraw the recognition but he did not do so probably in the public interest. However, the opposite party No. 4 failed to comply with the direction issued by the District Inspector of Schools. Lucknow and he is still running his school under the same name and style as that of the petitioner. In these circumstances, the petitioner is facing irreparable loss and injury to his reputation. Even many suppliers of essential goods come across their harassment when they supply their goods, on being booked by the petitioner, to the opposite party No. 4 but the latter refuses to make payment. In these circumstances, this writ petition has been filed praying for the reliefs as indicated earlier.
(3.) The opposite party No. 4 filed his counter-affidavit and asserted that the petitioner Lucknow Public School, Jail Road, Anand Nagar. Lucknow is not a juristic person and, therefore, this writ petition is not maintainable. As a matter of fact, Bharti Shiksha Samtti, the registered society alone was the competent person to have filed a writ petition but the said society has not come forward. However, since this Court has already rejected the petitioner's plea for a writ of mandamus to the opposite party Nos. 1 to 3 to withdraw recognition by passing orders dated 1.5.2000 in Writ Petition No. 593 (M/S) of 1997, this writ petition is not maintainable in view of Rule 7, Chapter 22 of the Allahabad High Court Rules. Further, the claim for damages is also not sustainable as for that relief, a person cannot invoke extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India. Rebutting the petitioner's claim regarding use of the school's name. Sri C.P.Singh asserted that the Lucknow Public School, Sector D. Lucknow Development Authority Colony was established as a branch of Lucknow Public School, Anand Nagar, Jail Road, in the year 1988 by Bharti Shiksha Samiti itself which runs and manages the petitioner school. However, in the year 1990. Avadh Educational Society was constituted and registered. Bharti Shiksha Samiti passed a resolution on 26.7.1991 and thereby authorised Avadh Educational Society to run the branch of the school in L.D.A. Colony, Kanpur Road. By another resolution of February 6. 1994 Bharti Shiksha Samiti transferred such estates of the society to Avadh Educational Society, which were lying with the latter. The Lucknow Public School Sector D, L.D.A. Colony, Kanpur Road was granted recognition as a High School by the Board of High School and Intermediate Education on 20.6.1992 while the petitioner school was recognised by the aforesaid Board vide its letter of September 30, 1992, i.e.. more than three months after. This fact of prior recognition having been granted to the Kanpur Road School will have an edge over the issue of right for retention of the school's name. There is no violation or breach of the provisions of the Societies Registration Act. There is no other rule or law, which prohibits running of more than one school by the same name. A number of schools are running in the State with the same name and style. There are as many as five schools being run in the name of Lucknow Public School, Lucknow Public School, A Block, Rajajipuram and Lucknow Public School, B Block, Rajajipuram are being run by the society, namely, Lucknow Public Educational Society and Sri S.P. Singh, who is the Manager of the petitioner school. Is the Secretary of the said society. Lucknow Public School, Sector 1. L.D.A. Colony, Kanpur Road is being managed by Vijeta Educational Society and it is affiliated with the Central Board of Secondary Education. The order dated 18.8.2000 of the District Inspector of Schools, Lucknow was issued without giving an opportunity of hearing to the authorities of Lucknow Public School, Sector D. Kanpur Road and, therefore, the said order is bad in law. The answering opposite party has also moved for withdrawal cancellation of the said illegal order. In view of these averments, the answering opposite party prayed for dismissal of this writ petition.;