Partly allowed

C/M Brij Ratan Sundar Arya Inter College and Another v. State of U.P. and 3 Others

Allahabad HC6 Sept 2018WRIC/27790/2018

Case brief

AI extract

What is this about?

This writ petition challenges the jurisdiction of the Arya Pratinidhi Sabha to interfere with the management of a college. The court set aside the order appointing an interim committee and the consequential order by the District Inspector of Schools, relying on precedents that limit the Sabha's power under the U.P. Intermediate Education Act, 1921. The court did not decide merits.

What did the court decide?

Order dated 21.6.2018 passed by Pradhan/Karyawahak of Arya Pratinidhi Sabha is set aside. Order dated 19.7.2018 by District Inspector of Schools is set aside.

C/M Brij Ratan Sundar Arya Inter College and… — Writ and Judicial Review | Allahabad HC (2018)

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Court No. - 16

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Case :- WRIT - C No. - 27790 of 2018

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Petitioner :- C/M Brij Ratan Sundar Arya Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kshitij Shailendra Counsel for Respondent :- C.S.C.,Prabhakar Awasthi

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Hon'ble Mrs. Sangeeta Chandra,J.

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The contention of learned counsel for the petitioners is that the order dated 21.6.2018 has been passed by the Pradhan/Karyawahak of Arya Pratinidhi Sabha, Uttar Pradesh without jurisdiction and he has also prayed that the consequential order passed by the District Inspector of Schools dated 19.7.2018 be also set aside and mandamus be issued to the respondents not to interfere in the working of the petitionerCommittee of Management.

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The counsel for the petitioner has placed reliance upon a judgement rendered by this Court in respect to the same institution and reported in 2006 (6) AWC 5947. The Court while allowing the writ petition and setting aside the order passed by the Pradhan/Arya Pratinidhi Sabha observed in paragraphs 18 and 19 thus:

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"18. It may specifically be recorded that under the approved scheme of administration, Arya Pratinidhi Sabha, U.P. Lucknow has not been conferred any power whatsoever to appoint an Administrator in the institution. Except for ex-officio President of the Arya Pratinidhi Sabha being the President of the College, the scheme of administration does not contemplate any supervisory or extraordinary power in the Arya Pratinidhi Sabha.

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19. Similarly, it may also be noticed that under the provisions of U.P. Intermediate Education Act, 1921, the power to appoint an Administrator/authorized controller in a recognized Intermediate College has been conferred only under the provisions of Section 16D (6) of the 1921 Act and such powers can be exercised by the State Government only. The power to make an alternative arrangement during the suspension of the Committee of Management have been granted under Section 16D (8) of the 1921 Act upon the State Government only. "

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This Court also differentiated between by-laws registered for regulating the authorities of the Societies under the Societies Registration Act and the scheme of administration approved under the U.P. Intermediate Education Act, 1921 and had set aside the order passed by not only the Arya Pratinidhi Sabha appointing an Administrator/authorised controller in the institution, but also the order passed by the Joint Director of Education and the District Inspector of Schools.

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Heard Sri Prabhakar Awasthi for the respondents.

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He has pointed out that under Chapter 6 of the bye-laws of Arya Pratinidhi Sabha, there is a provision for Pradeshiya Nyay Sabha and there is alternative remedy available to the petitioner to approach the Pradeshiya Nyay Sabha with regard to any dispute relating to controversy arising between members. He has referred to Clause 40 of the said bye-laws which is quoted herein below:

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"यह प्रददेशशीय न्ययाय सभया उन समस्त वयाददों और ववररोधदों करो ससुनदेगशी, जरो प्रददेशशीय आयर प्रवतवनधध सभया सदे सम्बद्ध आयरसमयाजदों कदे मध्य उत्पन्न हहए हदों, अथवया जरो प्रददेशशीय आयर प्रवतवनधध सभया कदे सदस्यदों कदे बशीच सभया सम्बन्धशी ववषयदों ससबद्ध और यह आयरसमयाजदों कदे सदस्यदों कदे बशीच उत्पन्न हहए ऐसदे वववयाददों और मतभ द ेदों करो भशी ससुनदेगशी, धजन्हदे प्रददेशशीय आयर प्रवतवनधध सभया कदे प्रधयान अथवया प्रददेशशीय न्ययाय सभया कदे प्रधयान वनररययाथर इसकदे समक्ष भदेजजगदे l यह सभया स्थयावनक न्ययाय कदे वनररयदों कदे ववरूद्ध आयशी हहई अपशीलदों करो ससुनदेगशी और उनकया वनररय करदेगशी l "

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It is argued that the petitioner has an alternative remedy and therefore, he should be relegated to the remedy before the Nyay Sabha. It has also been pointed out by Sri Prabhakar Awasthi that the petitioner being the President/Pradhan of Arya Samaj, Sambhal, has managed the election of his wife Smt. Aruna Gupta as Manager of the institution run by the said Arya Samaj Society for district Sambhal, but he has no concern with the School.

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Sri Kshitij Shailendra says that the petitioner-Smt. Aruna Gupta is the manager of the Committee of Management of the institution which is governed by an approved scheme of administration and can be removed from managership only by following the procedure prescribed in the said scheme of administration. Her husband may be the President of Arya Samaj, Sambhal.

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Sri Prabhakar Awasthi says that by virtue of being Pradhan of Arya Samaj, Sambhal, the husband of petitioner no.2 becomes ex-officio President of the Committee of Management of the institution also. On receipt of complaint, the Arya Pratinidhi Sabha has taken an appropriate decision and it has not appointed an Administrator, but has appointed an interim committee of 3 persons to look into the affairs of the institution.

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This Court is not concerned with the arguments raised on the merits of the issue and this Court is only concerned with whether the Arya Pratinidhi Sabha has the jurisdiction to pass the order impugned.

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The Arya Pratinidhi Sabha as has been held by this Court has no jurisdiction, in its judgement and order dated 25th May, 2006 in Writ Petition No.47738 of 2005. This Court in respectful agreement with the said judgement, considers it appropriate to set aside the order dated 21.6.2018 passed by the Pradhan/Karyawahak of Arya Pratinidhi Sabha, Uttar Pradeshrespondent no.3.

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The order of the District Inspector of Schools dated 19.7.2018 has been passed only as a consequence of the order dated 21.6.2018. It is also set aside.

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This Court has not made any observation on the merits of the case. The respondent no.3 is free to proceed in accordance with law if it has any grievance against the election of petitioner no.2 as manager of the Committee of Management running the school.

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The writ petition stands partly allowed.

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Order Date :- 6.9.2018 Shalini

C/M Brij Ratan Sundar Arya Inter College and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

C/M Brij Ratan Sundar Arya Inter College and Another v. State of U.P. and 3 Others

Case brief

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What did the court decide?

What the court decided

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