Court No. - 34
Case :- WRIT - C No. - 31428 of 2019 Petitioner :- Santosh Sahai Respondent :- Registrar University Of Allahabad And 2 Others Counsel for Petitioner :- In Person Counsel for Respondent :- Prabhat Tripathi
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard petitioner in person and Mr. Chandan Sharma, learned counsel for respondent University.
2. Petitioner has filed present writ petition for following relief:
"A. Issue a writ, order or direction in the nature of certiorari for quashing the order dated 19.7.2019 passed by the Registrar, University of Allahabad, Allahabad (respondent no.1) as well as the election of the Ministerial and Technical Staff Union held on 29.11.2018 because as per provision of the Ordinance of the University of Allahabad more than one association for non-teaching staff cannot be constituted and also because the petitioner was prevented from exercising his legal and statutory right to vote and participate.
B. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent authorities particularly respondent No.1 to set aside the office order (no. 2273) dated 28.8.2018 and approval dated 9.8.2018 and 28.3.2018 referred to in the office order dated 28.8.2018.
C. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent authorities to allow the association i.e. Ministerial and Technical Staff Union, for which election was conducted by returning Officer Prof. D.C. Lal , to continue functioning normally and also be allowed to complete its term and further the alleged expulsion of the petitioner from voting rights and membership of the Union for six years be quashed and petitioner's legal and statutory right be established as member of the Union.
D. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent authorities to set aside the approval of alleged resolution dated 2.2.2018 which has been approved by the Vice- Chancellor, as stated in order dated 19.7.2019 passed by respondent no.1, without any authority and also the respondent authorities be directed not to take cognizance of the alleged resolution dated 2.2.2018.
E. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent authorities to keep the record of the names of the declared elected office bearers of Ministerial and Technical Staff Union on 25.10.2018 officially in the University of Allahabad as well as allow to enter the names of the declared elected office bearers of Ministerial and Technical Staff Union on 25.10.2018 on the roll of office bearers of the Ministerial and Technical Staff Union by striking out the names of the declared elected office bearers of Ministerial and Technical Staff Union on 29.11.2018 in the same session against the statutory provision enunciated in Ordinance LXVI of the University of Allahabad that not more than one association of non-teaching staff may be established.
F. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent authorities to cease the functioning of the Ministerial and Technical Staff Union as well as exercising of powers by the office-bearers of the Ministerial and Technical Staff Union declared elected on 29.11.2018 and also holding of office of the aforesaid Union.
G. Issue any other suitable writ, order or direction, as this Hon'ble Court may deem fit and proper to meet the ends of justice.
H. Award cost of the petition throughout in favour of the petitioner. "
3. It is alleged by petitioner that he was denied nomination form on account of which he could not contest the elections regarding governing body of Ministerial and Technical Staff Union. At this stage petitioner filed Writ Petition No. 38669 of 2018 (Santosh Sahai Vs. Allahabad University, Allahabad and 2 Others), wherein an interim order dated 27.11.2018 was passed. Any election of governing body which may be held during pendency of writ petition was made subject to final outcome of writ petition. Ultimately, aforesaid writ petition was disposed of finally vide order dated 7.3.2019. For ready reference, order dated 7.3.2019 is reproduced herein below:
" This petition for writ is preferred with the prayers as follows:-
"1. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent no.1 to provide correct list of Employees including the name of petitioner to the Returning Officer, Prof. D.K. Chauhan as per Allahabad University Notification No.1869 dated 14.8.14 for conducting the election of Ministerial and Technical Staff Union, Allahabad University (2018-19).
2. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent No.1 to issue the list of Employees whether his membership fee is being deducted from the salary or not because there is no provision to discriminate the Employees on the ground of membership fee issue.
3. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent No.1 quashing of the list of Employees which is provided by the Deputy Registrar (Admn.) to present Returning Officer, Prof. D.K. Chauhan on his demand for the names of those employees whose membership fee of Union was deducted from the salary.
4. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent authorities to protect the legal and statutory rights of the petitioner to vote and participate in the election scheduled to be held on 29.11.2018.
5. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent authority No.1 to quash the election proceeding of the Ministerial and Technical Staff Union, Allahabad University (2018-19) initiated by Prof. D.K. Chauhan, Returning Officer, with intension to establish the second and parallel association in the same session, although the conduction of the another election of the same Union initiated by Prof. D.K. Chauhan is not permissible under the mandatory provision of Ordinances of Allahabad University vide ORDINANCE LXVI:ASSOCIATIONS OF THE STAFF AND STUDENTS (Under clause (xxii) of section 7) Section 1 (a) (ii) which specifically allows the establishment of only one association for the Non-teaching Staff of Allahabad University.
6. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent authorities to quash the notification of election of Ministerial and Technical Staff Union which has been notified by Prof. D.K. Chauhan, Returning Officer."
The issue sought to be agitated by the petitioner pertains to election of Ministerial and Technical Staff Union of the Allahabad University.
It is stated that as per the Ist Ordinance of the University, there cannot be two associations of the Non-Teaching staff and in the University one association of Non-Teaching staff is already in operation and elections thereof too has taken place. Therefore, no second election could be ordered by the respondents.
The argument advanced as a matter of fact is not in conformity with the prayer of the petitioner which essentially relates to participation in the election concerned.
Be that as it may, the entire dispute involves several complicated questions of facts relating to membership of the association concerned and those cannot be examined in writ jurisidction of this Court.
In view of it, the writ petition is disposed of by keeping the petitioner at liberty to approach the Registrar, Allahabad University for redressal of his grievance by way of submitting a detailed representation. The petitioner, if submits any such representation within a period of 15 days from today, the Registrar, Allahabad University shall consider and decide the same in accordance with law expeditiously preferably within a period of one month thereafter."
4. Pursuant to aforesaid order dated 7.3.2019, petitioner filed representation dated 12.3.2019, before Registrar, which came to be decided vide order dated 19.7.2019. Prior to filing of above mentioned writ petition, respondent No.1, Registrar, Allahabad University passed an order dated 28.8.2018, whereby consequent to the approval dated 9.8.2018 accorded by Vice Chancellor to the report submitted by two member inquiry committee and also order dated 28.3.2018, passed by Vice Chancellor in exercise of powers under Section 14 (2) of University of Allahabad Act on the request of Secretary of Union of Employees for stopage of deduction of membership fees from monthly salary of petitioner, it was provided that no deduction of membership fee from monthly salary of petitioner be deducted for a period of six years, commencing from 9.8.2018.
5. From perusal of cause title of writ petition, it is apparent that Inquiry Committee which submitted report on which approval was accorded by Vice-Chancellor on 9.8.2018, has not been impleaded as respondent in present writ petition. Further order dated 28.8.2018, passed by Registrar is based upon approval accorded by Vice-Chancellor on 9.8.2018 to Enquiry Committee Report. However, there is no challenge to Enquiry Committee Report. Thus, writ petition has been filed without impleading necessary and proper parties. Petitioner has further challenged consequential order dated 9.8.2018, whereby Vice-Chancellor, Allahabad University, has accorded his approval to two Member Enquiry Committee Report. Once the two member Enquiry Committee report has not been challenged, writ petition as filed is confined only to challenge consequential orders, which is not permissible in law.
6. Apart from above, we further find that grievance of petitioner regarding his membership of Employees Union has been decided vide order dated 19.7.2019, passed by Registrar, Allahabad University. This order has attained finality. Admittedly, order dated 19.7.2019 was passed by Registrar, Allahabad University on representation made by petitioner, in compliance of order dated 7.3.2019. Thus, representation filed by petitioner is not referable to any statutory provision and therefore, order passed by Registrar is not in compliance of any statutory obligation.
7. The Court finds that basically the issue of membership of Employees Union is a private dispute. Consequently, remedy of petitioner lies in common law by filing a suit for declaration and mandatory injunction.
8. For reasons given herein above, writ petition is liable to be dismissed . It is accordingly dismissed.
Order Date :- 26.9.2019 Arshad