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Judgment reserved on 27th April, 2010
Judgment delivered on 5th July, 2010
Court No. 39
Civil Misc. Writ Petition No. 46768 of 2009
Committee of Management, Dharma Samaj Degree College, Aligarh &
Anr.
Vs.
State of U.P. & Ors.,
~~~~~~~~~
Hon'ble Dilip Gupta, J.
The Committee of Management of Dharma Samaj Degree College,
Aligarh and Dau Dayal Jindal claiming himself to be its Secretary have filed
this petition for quashing the order dated 17th July, 2009 passed by the State
Government extending the term of the Authorized Controller appointed in
the Institution under Section 58(2) of the U.P. State Universities Act, 1973
(hereinafter referred to as the ‘Act’) for one year w.e.f. 17th April, 2009. A
further direction has been sought that the respondents should hand over the
charge of the affairs of the Institution to the petitioner-Committee of
Management pursuant to the elections held on 20th November, 2007 which
have been approved by the Vice-Chancellor of the Dr. Bhim Rao Ambedkar
University, Agra (hereinafter referred to as the ‘University’) under Section
2(13) of the Act by the order dated 5th May, 2009.
It is stated that Dharma Samaj Society Inter College and Sanskrit
Pathshala, Aligarh (hereinafter referred to as the ‘Society’) is registered
under the provisions of the Societies Registration Act, 1860. The said
Society runs the Dharma Samaj Degree College, Aligarh (hereinafter
referred to as the ‘Institution’) which is affiliated to the University. The
Authorized Controller was appointed by the State Government under Section
58(2) of the Act by the order dated 17th October, 2003 for a period of six
months. The term of the Authorized Controller was extended from time to
time and by the order dated 12th April, 2007 the term of the Authorized
Controller was extended for a period of one year w.e.f. 12th April, 2007.
Fresh elections of the Committee of Management of the Society as well as
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the Institution were held on 20th November, 2007 and by the letter dated 16th
April, 2009 the University informed the State Government that the Vice-
Chancellor of the University had granted provisional recognition to the
Committee of Management of the Institution under Section 2(13) of the Act
for a period of three months. Subsequently, by the communication dated 9th
July, 2009, the University informed the Institution that the Vice-Chancellor
of the University had granted approval to the Committee of Management of
the Institution with Dau Dayal Jindal as the Secretary on 5th May, 2009 for a
period of three years.
The State Government by the order dated 28th April, 2008 extended
the term of the Authorized Controller by one more year w.e.f. 17 th April,
2008 and subsequently by the order dated 17th July, 2009, the State
Government extended the term of the Authorized Controller for one more
year w.e.f. 17th April, 2009. It is this order dated 17th April, 2009 that has
been impugned in the present petition.
The State Government, in the order dated 17th July, 2009, has noticed
that the Vice-Chancellor of the University had granted provisional
recognition to the Committee of Management of the Institution elected on
20th November, 2007 for a period of three months by the order dated 16th
April, 2009 passed under Section 2(13) of the Act and so charge could be
handed over to the Committee of Management of the Institution only after
permanent recognition was granted to the Committee of Management of the
Institution by the Vice-Chancellor of the University. It, therefore, extended
the term of the Authorized Controller for a period of one more year w.e.f.
17th July, 2009.
Sri Prabhakar Awasthi, learned counsel appearing for the petitioners
submitted that the order dated 17th July, 2009 passed by the State
Government deserves to be set aside since the State Government failed to
take into consideration the fact that by the order dated 5th May, 2009 the
Vice Chancellor of the University had granted recognition to the Committee
of Management of the Institution for a period of three years.
On 3rd September, 2009, the Court passed an interim order that the
operation of the impugned order dated 17th July, 2009 shall remain stayed
until further orders.
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In the counter affidavit filed on behalf of the State Government, it has
been stated that it was not aware of the fact that the Vice Chancellor of the
University had granted recognition to the Committee of Management of the
Institution for a period of three years. It has, however, also been stated that
the Deputy Registrar, Firms, Societies and Chits, Agra (hereinafter referred
to as the ‘Deputy Registrar’) has recognised another set of office bearers of
the Committee of Management of the Society by the order dated 8th October,
2009 and this list is entirely different from the list submitted to the Vice-
Chancellor of the University under Section 2(13) of the Act for granting
recognition.
An impleadment application has been filed by Dinesh Kumar Agarwal
as the Secretary of the Society. Alongwith the impleadment application, a
counter affidavit has also been filed alongwith a stay vacation application.
Sri Anoop Trivedi, learned counsel for the applicant has made
submission that the impleadment application should be allowed.
The impleadment application deserves to be allowed inasmuch as the
Deputy Registrar by the order dated 8th October, 2009, which has been
referred to in the counter affidavit filed by the State Government, has
recognised the Committee of Management of the Society with Dinesh
Kumar Agarwal as the Secretary. The impleadment application is,
accordingly, allowed and the applicant shall be impleaded as respondent
no.7 in the petition.
Sri Anoop Trivedi, learned counsel appearing for newly impleaded
respondent No.7, on the basis of the averments made in the counter affidavit,
submitted that the Deputy Registrar had passed a detailed order on 8th
October, 2009 for registration of the list of office bearers of the Committee
of Management of the Society for the year 2009-10 with Dinesh Kumar
Agarwal as the Secretary and that the order dated 5th May, 2009 passed by
the Vice-Chancellor of the University granting recognition to the Committee
of Management of the Institution with Dau Dayal Jindal as the Secretary for
a period of three years has been impugned in Writ Petition No.60393 of
2009. He further submitted that Writ Petition No.27448 of 2009 was earlier
filed by the Committee of Management of the Institution with Suresh
Chandra Agarwal as the Secretary but the present petition has been filed by
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the Committee of Management of the Institution with Dau Dayal Jindal as
the Secretary after getting the earlier Writ Petition No.27448 of 2009
dismissed as not pressed on 27th August, 2009.
It needs to be noted that Writ Petition No.60393 of 2009 has been
dismissed by order of date and that Writ Petition No.56433 of 2009 that was
filed for quashing the order dated 8th October, 2009 passed by the Deputy
Registrar has been allowed by order of date and the said order dated 8 th
October, 2009 has been set aside. In the present petition, the petitioners have
explained why Writ Petition No.27448 of 2009 was got dismissed. It is
stated that it was wrongly mentioned in the said petition that Suresh Chandra
Agarwal (Asha India) was the Secretary of the Institution and when this
mistake was noticed, an amendment application and correction application
were filed for substituting the name of Dau Dayal Jindal in place of Suresh
Chandra Agarwal but when the matter was taken up by the Court on 27 th
August, 2009, learned counsel for the petitioners stated that instead of
pressing the amendment application and the correction application, the
petitioners may be permitted to withdraw the writ petition with liberty to file
a fresh petition since vital amendments were required to be incorporated.
Request of learned counsel for the petitioners was accepted and the petition
was dismissed as withdrawn with liberty to file a fresh petition.
Thus, in view of the aforesaid facts and in view of the fact that the
State Government has come out with a case that the order dated 17th July,
2009 for extending the the term of the Authorized Controller for a period of
one year was passed as the order dated 5th May, 2009 passed by the Vice-
Chancellor of the University granting recognition to the Committee of
Management of the Institution with Day Dayal Jindal as the Secretary for a
period of three years was not in its knowledge, the order dated 17th July,
2009 passed by the State Government under Section 58(2) of the Act cannot
be sustained.
The order dated 17th July, 2009 is, accordingly, set aside and the writ
petition is allowed.
Date: 05.07.2010
SK