- (1.) We have heard Sri M.D. Singh Shekhar, Senior Advocate, assisted by Sri J.P. Singh for the petitioner, learned Standing Counsel for the respondent No.1, Sri Ajit Kumar Singh for respondents 2 and 3, Sri Ashok Khare, learned senior Advocate for the respondent Nos. 4 and 5 and Sri Manish Goyal for the respondent No.6.
(2.) By this petition, the petitioner, who is the Managing Committee, Shibli National Post Graduate College, Azamgarh (hereinafter referred to as 'College'), through its Manager, has challenged the order dated 13.08.2013 (Annexure No. 22 to the writ petition) whereby the Registrar of Veer Bahadur Purvanchal University, Jaunpur (hereinafter referred to as 'University'), has informed the President as also the Manager of the College that the recommendation of the Selection Committee with regards to appointment of the Respondent No.6 as Principal of the College, which was approved by the resolution of the Committee of Management dated 08.04.2013, upon examination of the record provided by the President of the College, has been approved.
(3.) The relevant facts are that the aforesaid College is a minority institution, affiliated to the aforesaid University and is run by the Azamgarh Muslim Education Society (hereinafter referred to as 'Society'). It is not disputed that in the last election of the Committee of Management of the College, which was recognised by the University on 04.03.2011, the respondent No.4 (Abu Saleh Ansari), who has also been impleaded in his official capacity as respondent No.5, was elected as President while Mirza Mehfooz Ur Rehman Beg was elected as Secretary/Manager and that the term of the Committee is to expire on 31st January, 2014. There is, however, a dispute inter se between the Manager and the President. The respondent No.5 i.e. the President claims that the power of the Manager has been ceased under his orders, in exercise of power under Clause 26 and 28(i) of the bye-laws of the Society, whereas the Manager, through whom the present petition has been filed, claims that the Managing Committee under its resolution dated 25.11.2012 resolved to cease the powers of the President. On account of this inter se dispute between the President and the Manager of the Committee of Management, now, a dispute has arisen with regards to the legality of the appointment of respondent No.6, as Principal of the College. It appears that the President, as head of the Management, chaired the Selection Committee, thereafter, called for the meeting of the Committee of Management, approved the recommendation of the Selection Committee and forwarded the papers for approval to the Vice Chancellor. Whereas, the Manager, claiming himself as the Chief Executive Officer of the Management, on the other hand filed objection with regards to the validity of the constitution of the Selection Committee, the alleged approval of the Managing Committee as also the eligibility of the selected candidate. As approval has been accorded, the Manager, being aggrieved, has filed the instant petition.;