Court No. - 39 Case :- WRIT - C No. - 3948 of 2010 Petitioner :- C/M, Late (Sri) Tribhuwan Singh Samaj Sewa Samiti & Anr. Respondent :- State Of U.P. & Others Petitioner Counsel :- Radha Kant Ojha Respondent Counsel :- C.S.C.,Neeraj Tiwari Hon'ble Dilip Gupta,J.
The Committee of Management of Late (Sri) Tribhuwan Singh
Samaj Sewa Samiti Village Chilbila, Tehsil Meja district
Allahabad (hereinafter referred to as the ‘Society’) and Ramesh
Bahadur Singh claiming himself to be the Manager have filed this
petition for setting aside the order dated 5th December, 2009
passed by the Committee constituted by the State Government for
granting ‘No Objection Certificate’ for opening a new Degree
College.
It is stated in the petition that the Society decided to open a Degree
College in the name of Babu Fateh Bahadur Singh Degree College,
Chilbila Nahwai, Allahabad and for that purpose applied for ‘No
Objection Certificate’ from the State Government. The State
Government has constituted a Committee by the Government
Order dated 29th June, 2009. A letter dated 25th August, 2009 was
sent by the Registrar of the Chhatrapati Sahu Ji Maharaj,
University Kanpur (hereinafter referred to as the ‘University’) to
the petitioners for removing the defects pointed out in the letter
and the petitioners after removing the defects submitted the
relevant documents to the Registrar of the University by the letter
dated 8th December, 2009. However, the Committee by the
impugned order has refused to grant the ‘No Objection Certificate’
as the papers had not been submitted by the petitioners and it has
also been stated that the constitution of the Committee of
Management is contrary to the provisions of Statutes 13.5(d) of the
Statutes framed by the University.
Sri R.K. Ojha, learned counsel appearing for the petitioners
submitted that the petitioners had removed the defects and had sent
the documents to the Registrar of the University, but the
University did not send these documents to the Committee as a
result of which the impugned order was passed. He further submits
that the Committee should not have commented upon the
constitution of the Society as the Committee of Management of the
Institution will be different and will be formed only after
affiliation is granted by the State Government.
Learned Standing Counsel appears for respondent Nos. 1 and 3
while Sri Neeraj Tiwari appears for respondent No.2. They state
that in the event the petitioners submit the documents again to the
Registrar of the University with copy of the Committee, the
Committee shall examine the same and take an appropriate
decision in accordance with law expeditiously.
In view of the aforesaid, this petition is disposed of with a
direction that in the event the petitioners file the relevant
documents before the Registrar of the University within a period
of two weeks’ from today and send a copy to the Committee, an
appropriate decision shall be taken expeditiously, preferably
within a period of six weeks’ thereafter. The order impugned in the
present petition shall be abide by the final order to be passed by
the Committee.
Order Date :- 28.1.2010
NSC