V.C.Misra - (1.) HEARD Sri V. K. S. Chaudhari, learned senior advocate assisted by S/Sri B. N. Singh and O.P. Tewari, learned Advocates, appearing for the petitioner's learned standing counsel for State respondents No. 1 to 5 as well as Sri R.N. Singh, learned senior advocate assisted by Sri V. K. Singh, learned counsel for the respondent No. 6.
(2.) CIVIL Misc. Writ Petition No. 47906 of 2004, Pratap Narain Singh and others v. State of U. P. and others has been filed by one Pratap Narain Singh, Principal, Dharoan Intermediate College, Dharoan District Chandauli (hereinafter referred to as the Institution) and others and also representing other teachers and staffs of the institution, in question, for quashing the impugned order dated 9.6.2004 (Annexure 1 to the writ petition) issued by Sri S.A.A. Rizvi, Secretary, Government of Uttar Pradesh declaring the institution, in question, as a minority institution. CIVIL Misc. Writ Petition No. 404330 of 2004, Committee of Management Dharoan Intermediate College, Dharoan, District Chandauli and another v. State of U. P. and others has been filed by the Committee of Management of the institution through its Manager, Babban Singh challenging the aforesaid impugned order dated 9.6.2004 (Annexure 1 to the writ petition). The impugned order in both the writ petitions and the controversies involved therein being the same, they were connected with each other on the request of the learned counsel for the parties and are being disposed of by this common judgment and order. The facts of the case which clearly emerge from the pleadings of the parties in both the writ petitions, in brief, are that on 8.8.1947 "The English School Dharaon, village Dharaon District Varanasi" was registered under the Society Registration Act at Serial Number 57 of 1947/48 having a 13 members management committee, out of which ten members belonged to Muslim community and three members belonged to Hindu community (this fact is admitted by Suhail Ahmad- respondent No. 6 in his counter affidavit at para Nos. 5, 20 and 22). Copy of the registration certificate has been filed by both the parties. Memorandum of Association, list of members of the managing committee and the rules and regulations governing the management of the institution duly signed by Sri K.S. Asfandyar Khan as President on 29.10.1947, Superintendent, U. P. Police Headquarters, Allahabad, has been annexed as Annexure 4 to the supplementary rejoinder affidavit. The land over which institution exists was given by Gram Sabha Ranepur, Pargana Barwal, Tehsil Chandauli and no other person including that of the Muslim community had contributed any land for establishment of the said institution. These averments made in the writ petition have not been denied. The Memorandum of Association discloses the aims and objects and as to how the affairs of the institution would be managed. It was provided therein that the affairs of the institution would be managed by a committee called "Dharaon English School Committee" and the objects of the committee were to arrange for the education of children professing any religion, primarily living in the said village and villages around it and the institution was not established for welfare of any particular community. It was also provided in the said Memorandum of Association that the following persons would be entitled to be the members of the committee ; (a) General members- every person (male or female) who accepts the aims and objects of the committee and pays at least Rs. 6 a year, (b) Special members- every person who pays a lump sum of Rs. 200 or more will remain a member of the general body for three years and continue to be a member for a further period of 3 years after payment of Rs. 100 after the expiry of the first 3 years, (c) Patron of the committee and life member of the general body- any one who pays a lump sum of Rs. 5,000 or more. After partition of Hindustan (India) most of the Muslim members of the society and the managing committee migrated to Pakistan and the society became defunct, as is also admitted in para 22 of the counter affidavit filed by respondent No. 6.
(3.) IT is alleged by the petitioners that in the year 1960 "the English School Village Dharoan" Tehsil Shakaldiha was again registered and in the said management committee there were representation of the members belonging to both the communities, namely Muslim as well as Hindu. In the committee of management which was formed in the year 1960 for "English School Village Dharaon" members of the Hindu community were in majority and only one member belonged to the Muslim community. The Memorandum of Association and the byelaws of the Society have been annexed as Annexure 2 to the writ petition. However the respondent No. 6 has stated that the same was not duly registered. Since renewal of the registration of the society was not got done by the then Manager, again an application for registration of the society was moved and the society was again registered with certificate No. 1457/85-86 in the year 1986 (18.1.1986) and since then the registration of the committee of management is continuing. The institution continued to function under the control and administration of the managing committee and in the year 1988 an election took place in which one Sri Jagat Narain Dube was elected as President and Sri Anmol Singh was elected as Manager of the institution, in question. In the year 1990 a dispute arose in the management committee in between Sri Anmol Singh and Sri Ram Jiyawan Yadav in consequence of which authorized controller was appointed by the Government. In the result thereof, three writ petitions were filed. Sri Ram Jiyawan Yadav filed Writ Petition No. 11714 of 1991 challenging the legality and validity of the election. Both the rivals agreed to a list of common persons, which contained the names of 40 member (referred to in the judgment and order dated 16th September, 1998 passed by this Court in Writ Petition No. 11714 of 1991), wherein the name of Suhail Ahmad- alleged Manager is found at serial number 7. Out of these 40 persons 5 persons belonged to Muslim community.;