Appellant :- Society Of Adarsh Gramin Vidyalaya And 2 Ors.
Respondent :- State Of U.P. And 5 Ors Counsel for Appellant :- Suresh Chandra Dwivedi Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Bachchoo Lal,J.
Ref:- Civil Misc. Delay Condonation Application No. 1 of 2018.
The cause shown is sufficient. The delay is condoned.
The appeal is treated to be within time and the office shall give a regular number to this application.
Order Date :- 18.9.2018 P Kesari .
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Appellant :- Society Of Adarsh Gramin Vidyalaya And 2 Ors.
Respondent :- State Of U.P. And 5 Ors Counsel for Appellant :- Suresh Chandra Dwivedi Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Bachchoo Lal,J.
Heard learned counsel for the appellants.
The appellant is the rival Committee contesting the authority of the respondent No. 6 to make appointments in the Institution which is a Junior High School.
The Institution is governed by the by-laws of the society which is duly registered under the Societies Registration Act. In the dispute of Management, the Deputy Registrar Firms Societies and Chits appears to have passed an order in favour of the contesting respondent No. 6.
Learned counsel for the appellants submits that the said order has been assailed before this Court in Writ Petition No. 28376 of 2018.
The contention is that pending such dispute of the authority to manage the Institution, no appointment should be allowed to be made through the rival Committee of the Management headed by the respondent No. 6.
It is undisputed that there is no interim order in the writ petition that has been filed by the appellants challenging the status of the management nor is there any order adverse to the respondent No. 6. In such circumstances, the plea raised for questioning the action of the de facto Committee of Management through a collateral challenge in relation to appointment cannot be permitted. The appellant is not at present the recognised management.
The Learned Single Judge has therefore not committed any error in dismissing the writ petition.
The appeal lacks merit and is accordingly dismissed.
Order Date :- 18.9.2018 P Kesari