ASHOK BHUSHAN, J. - (1.) THESE two appeals having been filed against same judgment dated 25th August, 2003 passed in Writ Petition No. 3785 of 2002, Arya Vidya Sabha Kashi and others v. Banaras Hindu University and others, are being decided together.
(2.) WE have heard counsel for the parties in both the appeals and by consent of parties we proceed to decide both the appeal finally. Facts giving rise to these appeals, briefly stated, are; D.A.V. Degree College Varanasi is a college affiliated to Banaras Hindu University, Arya Vidya Sabha Kashi, Varanasi is a registered Society under the Societies Registration Act, 1860, which claims to elect the managing committee of D.A.V. Degree College. Under the bylaws of the Society, the Board of Trustees of Arya Vidya Sabha Kashi, Varanasi elects the committee of management. In the election claimed to be held by Assistant Registrar, Firms, Societies and Chits, Varanasi on 21st September, 1998, Sambhu Nath Pandey claimed to be elected as Manager and Shyam Lal Yadav claimed to be elected as President. Sri Anant Prasad Gupta and Indu Bhushan Shah filed Suit No. 956 of 1998 on 17th September, 1998 for permanent injunction restraining the Assistant Registrar, Firms Societies and Chits, Varanasi from interfering in their functioning and from holding election of committee of management. However, no injunction was granted in the said suit. The said suit is still pending. Sri Anant Prasad Gupta and Indu Bhushan Shah had claimed that election of committee of management has already taken place on 16th August, 1998. After the election dated 21st September, 1998 office bearers of committee of management of D.A.V. Degree College were claimed to be elected on 4th October, 1998. An application was moved by respondents to the Vice Chancellor for according recognition to the election dated 4th October, 1998. A writ petition, being Writ Petition No. 47453 of 1999 was filed which was disposed of with the direction to the University to decide the representation of the petitioners of that writ petition. The University vide its letter dated 31st December, 1999 communicated to Sri Sambhu Nath Pandey in reference to his representation dated 30th November, 1999 that since both the parties are contesting in the Court of law with regard to managing committee of D.A.V. College, until a decision is made by the Court in this matter, the University is not in a position to grant a fresh recognition to either of the two managing committees. It is, however, observed that meanwhile the status quo be maintained until such time a final decision is given by the Court in the matter. Against the aforesaid letter dated 31st December, 1999 a writ petition, being Writ Petition No. 2277 of 2000, was filed which was dismissed as infructuous with liberty to the fresh petition. The writ petition giving rise to these appeals was filed praying for quashing the order dated 31st December, 1999 and further praying for according approval to the election dated 20th November, 2001. In the writ petition both, Banaras Hindu University and Anant Prasad Gupta, filed counter affidavits. It was stated on behalf of the University that Vice Chancellor has rightly exercised its jurisdiction in not interfering on merit in dispute since the matter is already engaging attention of the Civil Court. A learned Judge of this Court after hearing both the parties allowed the writ petition and quashed the order of the Vice Chancellor as communicated vide letter dated 31st December, 1999. The Vice Chancellor, Banaras Hindu University has also been directed to decide the dispute as raise by the parties in regard to recognition of the election of committee of management of D.A.V. Degree College, Varanasi within a period of three months after hearing Sri Rabhuvansh Pandey and Sri Anant Prasad Gupta by means of a reasoned and speaking order. These two appeals have been filed against the aforesaid judgment.
(3.) SRI V.K. Upadhyaya, learned counsel appearing for the University, challenging the impugned judgment, contended that Vice Chancellor of the Banaras Hindu University is not clothed with jurisdiction to decide dispute of election of the committee of management between two rival managing bodies. The submission of Sri Upadhyaya is that there is no provision in Banaras Hindu University Act, 1915, Statutes and Ordinances empowering the Vice Chancellor to decide a dispute pertaining to election of committee of management and there being no provision in the Statutes, the learned Judge of this Court erred in directing the Vice Chancellor to decide the dispute between the parties regarding claim of election. He further submitted that with regard to colleges admitted to the privileges of the University Statute 36 only contains condition of admitting a college for being given privileges of the University and there is no jurisdiction in the Vice Chancellor to decide the dispute.;