Hon'ble Rajesh Chandra,J.
After the appeal was argued at some length counsel for the parties agreed that the records of the writ petition no. 29753 of 2010 giving rise to the special appeal no. 968 of 2010 be also called for and both be finally dispose of at this stage without calling for any further affidavit, specifically in view of the order purposed to be passed by the Court today. Accordingly the records of writ petition no. 29753 of 2010 have been called for . The writ petition and the appeal are being finally decided under this order.
Brij Ratan Sunder Arya Kanya Inter College is an institution recognized under the Uttar Pradesh Intermediate Education Act. The said institution has been established by Arya Pratinidhi Sabha Uttar Pradesh (parent body). The elections of committee of management of the institution are held in accordance with the approved scheme of administration which in turn refers to nomination of five members under Clause 5 Sub-Clause IV, V and VI from local Arya Samaj as well as Arya Pratinidhi Sabha, Uttar Pradesh. The writ petition was filed by the erstwhile committee of management of the Inter Mediate College in power of the institution challenging the order dated 22.04.2010 passed by Arya Pratinidhi Sabha constituting a five member committee for holding the elections of committee of management of the society. The order was challenged on the ground that Arya Pratinidhi Sabha has no right to interfere in the elections of committee of management if the recognized Inter Mediate College as it elections are to be held in accordance with the Scheme of Administration. Reference is also made to a judgment of the writ Court dated 25th May, 2006 passed in writ petition no. 47738 of 2005 wherein it has been held that under the provisions of the Inter Mediate Education Act the Arya Pratinidhi Sabha has no power to appoint interim committee for a recognized Inter Mediate College. With reference to the said judgment it is contended that the order dated 22.04.2010 constituting a committee for holding elections of the Inter Mediate College is without authority of law. The Hon'ble Single Judge has been pleased to entertain the writ petition and the order of Arya Pratinidhi Sabha, Uttar Pradesh dated 22.04.2010.
By means of present special appeal the order of Hon'ble Single Judge is being challenged. It has been contended on behalf of respondents that the writ petition itself was legally not maintainable in as much as Arya Pratinidhi Sabha is a private society its order cannot be directly challenged before this Court under Article 226 of the Constitution of India. It is clarified that in writ petition no. 47738 of 2005 the High Court had intervened because the interim committee constituted by the Arya Pratinidhi Sabha had been accepted by the Education Authorities to be lawful management of the institution and it was because of the State action which was found to be illegal that writ Court interfered. He submits that the facts of the said case are clearly distinguishable. We examined the record. From the records of writ no. 29753 of 2010 we find that the State Authorities namely D.I.O.S./ Joint Director of Education have not accepted the constitution of five member committee for holding election nor they have intervened in the matter with reference to the said order of the Arya Pratinidhi Sabha till date. Therefore, the order dated 22.04.2010 continuance to be an order of a private body which cannot be subject matter for consideration under article 226 of the Constitution of India, in as much as it has not been passed with reference to any statutory provisions. It is needless to clarify that the Scheme of Administration of an Inter Mediate College cannot be enforced under Article 226 of the Constitution of India. Consequently, infraction of Scheme of Administration cannot be the basis for filing the writ petition.
At this stage of the proceeding sri Prabhakar Awasthi, learned counsel for the petitioner in writ petition no. 29753 of 2010 fairly conceded that the writ petition itself may be disposed of by hold that the petition at this stage is not maintainable. Subject however, to be candidates that in the case the State authorities namely D.I.O.S./Joint Director of Education etc. act upon the order of the Arya Pratinidhi Sabha dated 22.04.2010. It would be open to the petitioner to challenge such action of the State Authority as well as the order dated 22.04.2010.
In view of the stand taken we feel that the writ petition as well as special appeal be disposed of at this stage by providing that the writ petition no. 29753 of 2010 is not maintainable as on date and stands dismissed accordingly. However, this order will not be prejudiced the rights of the petitioner to challenge the order if any, to be passed by the State authorities. On the basis of the order of Arya Pratinidhi Sabha dated 22.04.2010 and at that stage it will be open to the petitioner to seek his remedy afresh in accordance with law.
Order Date :- 21.6.2010 M/A.