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S.B. Civil Writ Petition No.3302/2002
Shri Umed Kanya Pathsala & Anr.
vs.
State of Rajasthan & Ors.
S.B. Civil Writ Petition No.3302/2002
Shri Umed Kanya Pathsala and another.
vs.
State of Rajasthan and others.
Date : 17.7.2009
HON'BLE MR. PRAKASH TATIA, J.
Mr.DK Parihar, for the petitioners.
Mr.OP Mehta ) for the respondents.
Mr.GR Calla )
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Heard learned counsel for the parties.
The present writ petition has been filed by
the petitioner no.1 – Shri Umed Kanya Pathsala, a
registered society, through its Secretary and
Petitioner No.2 – Shri Umed Kanya Secondary School
through its Manager/Secretary. In the writ
petition, following reliefs have been prayed :-
“(a) The order dated 17.8.2002 i.e. Ex.17 be
quashed.
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S.B. Civil Writ Petition No.3302/2002
Shri Umed Kanya Pathsala & Anr.
vs.
State of Rajasthan & Ors.
(b) The certification/verification/
recognition done by the Respondent no.3 on
1.3.2002 or any document prepared by the
Respondent No.3 for the matter in dispute be
quashed.
(c) The Respondents no.1 to 3 be directed
not to exercise the jurisdiction which is not
vested in them in this matter under the Act
1989 and Act 1958.
(d) Any other relief for which the
petitioners are entitle, be granted.”
Detail facts may not be necessary in view of
the fact that the order dated 17.8.2002 (Annex.17)
which is under challenge was issued by the Special
Secretary, Education because of the reason that a
writ petition no.3919/2001 was filed by one Hemraj
wherein the following directions were issued on
7.2.2002 :-
“The petitioner will approach Education
Department with the grievances which he claims
to be existing. The Department will hear the
petitioner and pass orders in accordance with
3S.B. Civil Writ Petition No.3302/2002
Shri Umed Kanya Pathsala & Anr.
vs.
State of Rajasthan & Ors.
law. With these observations the writ petition
is disposed of.”
In pursuance of the said directions, after
hearing the parties, it has been held that the
election of the managing committee of the
petitioner no.2 was held on 30.12.2001. 15 members
were elected for the managing committee, 6 members
were co-opted and thereby total 21 members are in
the executive committee and the constitution of
the executive committee is proper. Both these
issues were considered and it was observed that
one of the member Amar Singh was suspended from
membership of the society on 10.7.2001. Said order
was set aside on 17.7.2001 but in order dated
2.8.2002, it was held that the order dated
17.7.2001 was not in accordance with law and the
suspension of Amar Singh was upheld. The
petitioners’ grievance is against the order dated
17.8.2002 (Annex.17) and the contention of learned
counsel for the petitioners is that the
respondents had no authority to declare the
election dated 16.2.2001 to be valid nor had right
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S.B. Civil Writ Petition No.3302/2002
Shri Umed Kanya Pathsala & Anr.
vs.
State of Rajasthan & Ors.
to pass any order in the affairs of the society.
From the tenor of Annex.17, it appears that
some person informed the Government that in the
affairs of the managing committee, some
disturbance is created upon and this order was
issued on 17.8.2002 that the Deputy Director,
Education should take care that there should be no
hindrance in the working of the managing
committee.
Undisputedly, the term of managing committee
of the year 2002 had come to an end in the year
2005 and now in this writ petition, no relief has
been claimed for setting aside the election of the
said managing committee and, therefore, no issue
with respect to the validity in the constitution
of the managing committee is under consideration
before this Court in this writ petition and the
order dated 17.8.2002 (Annex.17) had its own
tenure which came to an end.
The petitioners’ another relief is with
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S.B. Civil Writ Petition No.3302/2002
Shri Umed Kanya Pathsala & Anr.
vs.
State of Rajasthan & Ors.
respect to challenge to Annex.18 which is
purported decision to constitute the managing
committee on 16.2.2002.
Learned counsel for the respondent State as
well as private respondents pointed out that the
State has already send its departmental
representative as required by Rule 23(1)(e) of the
Rules of 1993 which is apparent from Annex.18
itself. Be it as it may be, the fact is that the
term of the said committee admittedly has come to
an end and nothing survives in this writ petition
so far as challenge to said constitution of the
committee.
Learned counsel for the petitioners submitted
that the term of second managing committee also in
the facts has already come to end in the year 2008
and the society is free to elect its managing
committee.
The above issue is not involved in this writ
petition because of the reason that nobody can
prevent a lawfully constituted body to undertake
all the exercises which they are under obligation
by the virtue of Byelaws and Rules governing their
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S.B. Civil Writ Petition No.3302/2002
Shri Umed Kanya Pathsala & Anr.
vs.
State of Rajasthan & Ors.
affairs. How the society should work and proceed,
there is no need of any direction of any Court.
Their acts and actions unless challenged and
aggrieved party approaches the Court, they are
free to proceed in accordance with law and rules.
In view of the above reasons, there is no need
to issue any direction and, therefore, this writ
petition has become infructuous and the same is
hereby dismissed.
Learned counsel for the respondent State
submitted that there is a litigation pending
between the private parties with respect to
various issues.
Be it as it may be, no issue is decided in
this writ petition by this Court and, therefore,
the merits of the suit are not affected in any
manner by any observation made in this order, is
made clear expressly.
(PRAKASH TATIA), J.
S.Phophaliya