Court No. - 34
Case :- WRIT - C No. - 68 of 2021 Petitioner :- C/M Sri Amar Shaheed Kaushal Kumar Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sankalp Narain,Anand Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard Sri G.K. Singh, learned Senior Counsel assisted by Sri Sankalp Narain in support of the petition, Sri Ambrish Tiwari who has appeared for the complainant Kanhaiya Singh as well as Sri Piyush Shukla, learned Additional Chief Standing Counsel for the State respondents.
It is the admitted case that the last election of the Committee of Management was held in 2017 and upon the expiry of the term thereof fresh elections are stated to have been held by the petitioner on 24 May 2020. The papers thereof were submitted for the consideration of the District Inspector of Schools on 25 May 2020. It is also admitted from the record that Sri Bhola Pandey was the Manager in the Committee which had been elected in 2017. In the elections which were held on 24 May 2020 one Abhishek Pandey was elected as the Manager. The District Inspector of Schools, however, has in terms of the order impugned required Sri Bhola Pandey to appear before him for the purposes of attestation of his signature. The order as is ex facie evident proceeds without referring to the fresh election papers which were submitted by the petitioner here and where Sri Bhola Pandey is not shown as having been elected as a member of the Committee of Management at all. The District Inspector of Schools also does not refer to any other competing claims of election held in 2020 and which may have been presented before him for consideration.
From the record, the Court also takes note of a notice dated 30 September 2020 in terms of which the District Inspector of Schools taking cognizance of a complaint made by one Sri Kanhaiya Singh has required the newly elected Manager to appear and submit a reply. The Court is informed that although a reply has been submitted the proceedings have not yet been disposed of.
It is also pertinent to note that the complaint refers to the pendency of a dispute under Section 25(1) of the Societies Registration Act, 1860. In view thereof the complainant contends that no recognition should be accorded to the Committee of Management of the institution. The complaint prima facie appears to be without substance since the mere pendency of a dispute under Section 25 of the Act cannot detract from the right of a duly elected Committee of Management of the institution to seek recognition and to assert a right to manage the affairs of an Intermediate College. In view of the aforesaid, it is manifest that the impugned order would not sustain.
In view of the aforesaid, Sri Shukla, the learned Additional Chief Standing Counsel submits that the ends of justice would merit the matter being remitted for reconsideration of the District Inspector of Schools.
Accordingly, the writ petition is allowed. The impugned order dated 09 July 2020 is hereby quashed and set aside. The District Inspector of Schools is hereby commanded to consider the issue of grant of recognition to a duly elected Committee of Management afresh and conclude that exercise with expedition and preferably within a period of three weeks from today. The Court also leaves it open to the District Inspector of Schools to consider the validity of any other competing claims of elections purported to have been held in 2020 and which may have presented for consideration.
Order Date :- 8.1.2021 Arun K. Singh (Yashwant Varma, J.)