Court No. - 29 Case :- SPECIAL APPEAL No. - 968 of 2010 Petitioner :- Radha Krishna Manalam & Another Respondent :- C/M Brij Ratan Sunder Arya Kanay Inter College & Others Petitioner Counsel :- Virendra Chubey,Chandra Shekhar Mishra Respondent Counsel :- C.S.C.,Prabhakar Awasthi Hon'ble Arun Tandon,J.
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.