Court No. - 5
Case :- WRIT - C No. - 26910 of 2020 Petitioner :- Mahendra Narayan Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manish Kumar Pandey,Shashi Prakash Giri,Yogesh Dutta Mishra Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondent Nos. 1 & 2.
The petitioner by means of the present writ petition has sought direction upon the respondent No. 3-Committee of Management, Shri Malviya Mahavidyalaya Samiti, Gram and Post Shahanshahpur, Varanasi to consider his application dated 21.7.2020 for becoming the member of the society as the father of the petitioner was also member of the society who has died on 17.8.2005.
Learned Standing Counsel has raised a preliminary objection that the writ petition is not maintainable as the committee of management is not statutory body and, therefore, no writ of mandamus can be issued against the committee of management for considering membership of the petitioner.
It is evident from the application of the petitioner (annexure-5 to the writ petition) that the petitioner wants his name to be enrolled as member of the society, since the committee of management is not State under Article 12 of the Constitution of India and is run by the rules and bye-laws of the society. Therefore, no writ of mandamus can be issued to the respondent No. 3 to consider the application of the petitioner for enrolling the petitioner as member of the society.
Thus, for the reasons given above, the writ petition lacks merit and is accordingly, dismissed.
Order Date :- 5.1.2021 Jaswant Digitally signed by Justice Saral Srivastava Date: 2021.01.09 13:48:47 IST Reason: Document Owner Location: High Court of Judicature at Allahabad