Court No. - 39 Case :- WRIT - C No. - 1614 of 2010 Petitioner :- Satyaveer Singh & Ors. Respondent :- State Of U.P. & Others Petitioner Counsel :- S.D. Shukla Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
The petitioners, who claim to have deposited the membership fee
with the Treasurer of the Committee of Management for being
enrolled as the life members of the General Body in accordance
with the Scheme of Administration of the Nava Jivan Inter
College, Bahsuma Meerut (hereinafter referred to as the
‘Institution’), have filed this petition for a direction upon the
District Inspector of Schools to decide the representation filed by
them regarding their membership since the Committee of
Management had not taken any decision.
It is stated that in the writ petition that the petitioners along with
300 other persons deposited the membership fee before the
Treasurer for being enrolled as the life members in accordance
with the Scheme of Administration of the Institution, but no
decision has been taken since there is a dispute between the
Manager and the Treasurer. It is also stated that subsequently the
District Inspector of Schools also directed the Manager of the
Institution to convene the meeting of the General Body and
proceed in accordance with the Scheme of Administration of the
Institution but despite such directions having been issued by the
District Inspector of Schools, the Manager of the Institution did
not take any action.
Learned counsel for the petitioner submitted that in such
circumstances when there is a dispute between the Manager and
Treasurer of the Committee of Management of the Institution, a
direction may be issued to the District Inspector of Schools to
decide the representation.
Learned Standing Counsel appears for respondent Nos. 1, 2 and 3.
In view of the order that I proposed to pass it is not necessary to
issue notice respondent No.4.
Learned Standing Counsel states that an appropriate order shall be
passed on the representation filed by the petitioners expeditiously
after hearing the parties concerned.
In view of the aforesaid, this petition is disposed of with a
direction to the District Inspector of Schools to pass an appropriate
order on the representation filed by the petitioners after hearing the
parties concerned including respondent No.4 expeditiously,
preferably within a period of six weeks from the date a certified
copy of this order is filed by the petitioners before the District
Inspector of Schools.
It is made clear that the Court has not adjudicated upon the merits
of the case or on the issue whether the District Inspector of
Schools has the power to decide such a dispute and the same shall
be examined by the District Inspector of Schools in accordance
with the Scheme of Administration of the Institution.
Order Date :- 13.1.2010
SK