- (1.) THESE two writ petitions are inter-connected with each other, based on common facts between the same parties excepting respondent No. 6 Writ Petition No. 16725 of I1)95 namely IV Additional Civil Judge, Agra, who is not a necessary party. The facts giving rise to the present case are summarised as hereinafter.
(2.) THE election of the Committee of Management of Sri Ratan Muni Jain, Inter College, Agra was alleged to be held by the petitioner on 21-6-1991, in which one Sri Moti Lal Jain was elected as Manager. THE said election was recognised by the District Inspector of Schools and the signatures of the said Manager, Sri Motilal Jain, was attested by him on 22-6-1991. THE respondent No. 7 claimed to have held election on 1-7-1991, in which Sri Kamal Kumar Jain, was alleged to have been elected as Manager. On the basis of a dispute raised by the respondents, a dispute under Section 16-A (7) of the U. P. Intermediate Education Act (hereinafter referred to as the Act) was referred to the Deputy Director of Education, who by his order dated 24-4- 1992 concluded that there was no dispute within the meaning of sec. 16-A (7) of the Act, inasmuch as he found that the election held by the petitioner related to the Committee of Management of the College whereas the election claimed to have been held by the respondent No. 7 is related to the society, which is different from the Committee of Management of the College. Against the said decision Writ Petition No. 23073 of 1992 was filed by the respondents. THE said writ petition was dismissed by an order dated 22nd September 1992, passed by His Lordship Hon R. A. Sharma, J. inter alia, on the ground that the Committee of Management of the respondents had nothing to do with the educational institution. Special Appeal No. 485 of 1992, preferred against the said order was heard sometimes in December 1993 and the judgment was reserved. THE said judgment was delivered on 6- 41994 by dismissing the said Special appeal. Before the said judgment was delivered the respondents filed original suit No. 230 of' 1994 before the learned IV Additional Civil Judge, Agra on 31st March 1994. In the meantime the District Inspector of Schools by his order dated 23rd March 1994, had granted recognition to the Committee of the respondents. THE said recognition was cancelled on the same date by order dated 23-3l 994. As it appears from annexure-22 to the writ petition, being a copy of the plaint, the Regional Deputy Director of Education. Agra (defendant No. 1) District Inspector of School; Agra (defendant No. 2) and the Deputy Registrar, Firms Societies and Chits, U. P. Agra, were defendants in the said suit. THE said suit was for injunction restraining the defendant No. 1 and 2 from giving effect or acting on the basis of second order dated 23-3-1994, by which the recognition of the Committee of Management of the respondents and attestation of the signatures of the said Sri Kamal Kumar Jain, given on 23-3-1994 was cancelled, and from interfering with the management of the School by the said Kamal Kumar Jain. THE petitioner had lodged a Caveat. THE said Caveat was rejected by the Additional Civil Judge on the ground that the petitioners were not parties to the said suit. THEreupon the petitioners filed an application for impleadment in the said suit. THE said application was also rejected by order dated 5-4-1994. By order dated 4-4-1994 after rejecting the Caveat the learned Add. Civil Judge, granted temporary injunction restraining the defendants No. 1 and 2 from interfering with the management of the institution by the Committee of Management of the respondents and the functioning of Sri Kamal Kumar Jain, as Manager thereof. Against the said orders dated 4-4-1994 and 5- 4-1994 passed by learned Civil Judge, a Writ Petition No. 12511 of 1994 was moved by the petitioner. By an order dated 22-4-1994 the writ Petition no. 12511 of 1994 was allowed by quashing the said order dated 4-4-1994 granting injunction and the order dated 5-4-1994 rejecting the prayer for impleadment. Against the said order Special Leave Petition No. 7525 of 1995 was moved before Hon. Supreme Court. In the meantime against the order dated 6-4-1994 dismissing the Special appeal No. 482 of 1992, the respondents filed Special Leave Petition No. 6321 of 1995 before Hon. Supreme Court. THE said Special Leave Petition No. 6321 of 1995 was dismissed by Supreme Court by order dated 25-8-1995. On the other hand, in the said Special Leave Petition N0. 7525 of 1995 the operation of the order dated 22-4- 1994 was stayed by an order dated 7-4-1995. Ultimately, by an order dated 14-2-1996 Special Leave Petition No. 7525 of 1995 preferred by the respondents was allowed and Writ Petition No 12511 of 1994 was dismissed on the ground that writ jurisdiction should not be exercised in respect of Civil Court matters. In the meantime the life of the Committee of Management which was alleged to have been held in June, 1991 by the petitioner and in July, 1991 by the respondents, having expired, a fresh election was alleged to have been held by the petitioner on 16- 10-1994 under the supervision of the Accounts Officer of the Office of District Inspector of Schools, Agra. By an order dated 2110-1994 the said election was recognised by. the District Inspector of Schools while attesting the signatures of one Sri Sanjay Kumar Jain, who was elected Manager in the said election. At the same time the respondents also claimed to have held election in which one Sri Saran Kumar Jain and Sri Om Prakash Jain were alleged to have been elected as Manager and President, respectively, of the Committee of Management. The said Saran Kumar Jain having resigned one Rajiv Ratan, being respondents No. 8 and 7 respectively in Writ Petition No. 16725 of 1995 and respondent Nos. 7 and 6 in W. P. No. 3 1972 of 1995, made an application before the learned Additional Civil Judge in the said Original suit No. 230 of 1994, for substitution of himself under Order 22 Rule In of the Code of Civil Procedure in place and stead of the plaintiff on the allegations that he and Sri Om Prakash Jain, are the Manager and President of the Committee of Management, elected in the subsequent election. The said application was made sometimes in May 1995. Along with the said application he had also filed another application praying for an order directing the operation of the interim order of injunction dated 4-4-1994 to be effective in favour of the substituted plaintiffs as well. By an order dated 31-5-1995 learned Additional Civil Judge, Agra, allowed both the prayers. Pursuant to the said order dated 31-5-1995 passed by the Additional Civil Judge, the Committee of Management of the respondents was recognised and the signatures of the said Rajiv Ratan was attested by an order dated 12th,june 1995, passed by the District Inspector of schools, Agra. Against the said order dated 31-5-1995, on the other hand, the petitioners moved present Writ Petition No. 16725 of 1995 while against the said two orders dated 9-6-1995 and 12-6-1995 passed by the District Inspector of Schools, recognising the respondent's Committee and attesting the signatures of Sri Rajiv Ratan, are challenged by means of present writ petition No. 31972 of 1995. In Writ Petition No. 31972 of 1995, which was moved by the petitioners against the order dated 9-6-1995 12-6- 1995 and 18-9-1995, the operation of the said orders were stayed by an order passed in the said writ petition on 7th December 1995. In the meantime on 21-8-1995 the Director of Education (Secondary) directed the District Inspector of Schools, Agra, to maintain the situation, as obtaining prior to 9-6-1995. Whereupon the District Inspector of Schools in suppression of the orders dated 9-6-1995 and 12-6-1995, once again attested the signatures of the petitioners Sanjay Kumar Jain. On the same date by a subsequent order dated 18-9-1995 the order attesting the signatures of Sri Sanjay Kumar Jain, was again cancelled. Thereupon the said writ petition No. 31972 of 1995 was moved. Wherein the said stay order was obtained. The respondents thereupon moved two Special Leave Petitions being S. L. P. No. 2781 1 of 1995 and S. L. P. No. 27812 of 1995. By an order dated 19-12-1995 passed in the said two petitions, operation of the order of stay granted in Writ Petition No 31972 of 1995, was stayed. Both the said S. L. Ps No. 278 11 of 1995 and 27812 of 1995 were disposed of by Hon. Supreme Court by continuing the operation of the interim order of stay of the High Court as granted by Supreme Court, with a direction to the High Court to dispose of the matter within the given time. It is thus these matters have been placed for hearing. Sri Ashok Khare, learned counsel appearing on behalf of the petitioners at the initial stage prayed for leave to amend the cause title in Writ Petition No, 16725 of 1995, so as to convert the same into one under Article 227 of the Constitution and crave leave to treat the said petition as a petition under Article 227 of the Constitution The said prayer is opposed by Sri Swami Dayal, learned counsel appearing on behalf of respondents, on the ground that the writ petition which is not maintainable, cannot be allowed to be converted into one under Article 227 of the Constitution of India.
(3.) THE power conferred on the High Court under Article 227 of the Constitution is a power of superintendance overall subordinate Courts which can be exercised even suo motu. In appropriate cases such powers become necessary to be exercised. THE present case appears to be one such case where such powers may or may not be required to be exercised. THErefore, it would not be wise to refuse the said prayer of Sri Khare, at this stage, without entering into the merits of the case. Prima facie after having heard both the learned counsel for the parties, it appears to me that this case is one such case where such a discretion should be exercised. Accordingly leave is granted to Sri Khare to convert the writ petition into one under Article 227, of the Constitution. Sri. Ashok Khare, learned counsel for the petitioners contends that the order dated 31-51995 cannot be sustained, inasmuch as the cause of action in the saint suit was completely different. Secondly, he contends that in view of subsequent elections, the interim order dated 4-4-1994, which related to the elections held in the year 1991 and no more operative in respect of the election held after the order of injunction was passed. His third contention is that the dispute having been decided under Section I 6- A (7) of the Act by the Deputy Director of Education, deciding that the two Committees cannot be rival to each other since one is the Committee of the society and the other is that of the College and, therefore, outside the scope of Section 16-A (7) of the Act. Therefore, the entire order proceeded on a wrong premise and as such, the order impugned in both these writ petitions should be quashed.;