Rajes Kumar, J. - (1.) HEARD Sri Ashok Khare, learned Senior Advocate, appearing on behalf of the petitioners. Sri G.K. Singh appears on behalf of respondent No. 4 and Sri A.K. Singh on behalf of respondent No. 2. Learned Standing Counsel appears on behalf of respondent No. 1. The brief facts, giving rise to the present petition, are that there is a Society, registered under the Societies Registration Act, 1860, in the name of Saltanat Bahadur Degree College Association, Badlapur, Jaunpur. It has its own bye -laws. The said Society has established a Post Graduate Degree College in the name of Saltanat Bahadur Post Graduate College at Badlapur, Jaunpur. The said College is affiliated with Veer Bahadur Singh Purvanchal University, Jaunpur and is governed by the provisions of the U.P. State Universities Act, 1973. Under the bye -laws of the Society and the College, the term of the committee of management was three years. The last election of the committee of management was held on 3.3.2008. In the said election, Sri Rakesh Kumar Singh was elected as the President and Sri Vinod Kumar Singh as the Manager. The said election has been duly approved by the Vice Chancellor of the University by the order dated 6.5.2008. The approval was accorded to the committee of management for the period of three years from the date of holding of the election. There is no dispute in this regard.
(2.) BY an agenda notice dated 30.6.2010, a meeting of the general body of the Society was scheduled to be convened on 25.7.2010. The meeting was held on 25.7.2010. In the meeting, it was decided that an amendment in the bye -laws of the Society by specifying the term of the committee of management to five years in place of three years be made. In pursuance thereof, the amendment has been incorporated in the bye -laws and the amended bye -laws has been submitted before the Assistant Registrar. The intimation of the amendment for approval was given to the Vice Chancellor of the University. The Vice Chancellor by his order dated 16.11.2010 directed that the committee of management elected on 2.3.2008 stood recognised for the period of five years, that is, till 1.3.2013. Subsequently, a complaint was filed by one Sri Prakash Singh and Shiv Shanker Singh Om before the Vice Chancellor of the University, disputing the extension of the term of the committee of management from three years to five years. The Registrar of the University issued a notice dated 7.6.2011 to the petitioners. The said notice was followed by a reminder dated 3.8.2011. The petitioners filed the reply dated 8.8.2011.
(3.) IT appears that Shiv Shanker Singh Om and others filed Writ Petition No. 49556 of 2011 before this Court. Said writ petition was disposed of on 30.8.2011 with the direction to the Vice Chancellor to take a final decision in pursuance of the notice. As a consequence thereof, the University issued a notice on 18.10.2011 fixing 31.10.2011 as the date for hearing before the Vice Chancellor. The petitioners filed the objection dated 24.10.2011. After hearing the parties, the Vice Chancellor passed the impugned order dated 16.11.2011/25.11.2011.;