The C/M Binapara Minority Edu. Society Vs Abdul Qayyum and 5 Ors.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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SPECIAL APPEAL No. - 328 of 2014

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The Committee of Management, Binapara Minority Educational Society

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…..Appellant(s)

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Versus

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Abdul Qayyum and 5 others

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…..Respondent(s)

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Counsel for Appellant(s) : Ashok Khare, J.P. Singh Counsel for Respondent(s) : Arvind Srivastava, Rajiv Singh, S.C., Irshad Ali, S.K.S. Paliwal, Vipin Kumar Singh

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Connected with

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WRIT - C No. - 35984 of 2015

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Committee of Management, Beenapara Inter College and another …..Petitioner(s)

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Versus

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State of U.P. and 7 others

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…..Respondent(s)

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Counsel for Petitioner(s) : Ashok Khare, J.P. Singh Counsel for Respondent(s) : Arvind Srivastava, Rajiv

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2

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SPLA No. - 328 of 2014

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Singh, S.C., S.K. Singh Paliwal

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Chief Justice's Court

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HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J.

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The matter is listed under the category ‘Oldest pending cases in this High Court, for priority hearing’.

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Heard learned counsel for the appellant in Special Appeal No. 328 of 2014, who are also petitioners in connected Writ-C No. 35984 of 2015 and learned Standing Counsel for the Staterespondents. None has appeared to argue the matter on behalf of private respondents.

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The special appeal is directed against the order dated 12.03.2014 whereby the learned Single Judge, while allowing Writ-C No. 6342 of 2014 filed by the respondents no. 1 and 2 , set aside the order dated 10.01.2014 passed by the District Inspector of Schools, Azamgarh (‘D.I.O.S.’) and directed him to hold a fresh election in the presence of his Observer within a period of two months. Learned Single Judge further directed that till the fresh election was held, payment of salary of the teachers and employees of the Institution would be made by single hand operation of the D.I.O.S. and he would appoint an authorized controller, who shall continue till the fresh election was held.

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Challenge laid in the said writ petition was to an order dated 10.01.2014, whereby D.I.O.S. had recognized elections dated

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3

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SPLA No. - 328 of 2014

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17.06.2012, wherein one Shaukat Ali representing the present appellant-Committee, was elected as Manager of the Institution.

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An interim order was passed in this appeal on 28.03.2014 whereby effect and operation of order dated 12.03.2014 passed by the learned Single Judge was stayed and it was left open for the respondents to either approach the Regional Level Committee (R.L.C.) or to wait for decision in the special appeal. Further observation was made that if the respondents approach the R.LC., the dispute may be decided after notice to the parties as expeditiously as possible.

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Learned counsel for the appellant has filed a supplementary affidavit dated 10.11.2025 in the appeal stating that in terms of liberty granted in the interim order dated 28.03.2014, the respondents approached the R.L.C. which passed an order dated 15.06.2015 rejecting the claim of the appellant. Aggrieved of the order dated 15.06.2015, the appellant filed Writ-C No. 39584 of 2015 (the connected matter), in which an order was passed on 01.07.2015 to place the record of the said writ petition before the Division Bench alongwith Special Appeal no. 328 of 2014 (the present appeal).

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It is further stated in the supplementary affidavit that, at the behest of contesting respondents, an order dated 20.12.2019 was passed by the Joint Director of Education, Azamgarh on 20.12.2019 appointing Authorized Controller in the Institution and on 14.01.2020, signatures of newly appointed Authorized Controller were attested by the D.I.O.S. Challenging the order dated 20.12.2019, Writ-C No. 5380 of 2020 was filed by the appellant wherein an order was passed on 13.02.2020 requiring

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4

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SPLA No. - 328 of 2014

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the State-respondents to provide instructions. The instructions produced thereafter indicated that the Joint Director of Education had, on 22.02.2020, recalled the order dated 20.12.2019; consequently the writ petition was disposed of on 27.02.2020 permitting the appellant to move a representation before the Joint Director for compliance of the directions contained in the order dated 10.06.2015 passed by the R.L.C. for holding fresh election to constitute a Managing Committee and the Joint Director was also directed to examine the issue in the light of the scheme of administration and in accordance with law.

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Submission has been made that on the one hand, Joint Director of Education has not yet held elections in furtherance of order dated 27.02.2020 passed in Writ-C No. 5380 of 2020, on the other hand, single hand operation of accounts of the Institution is continuing. A prayer has been made that since elections of the Committee of Management have not been held after 2012 and continuance of single hand operation is causing prejudice to the interest of the appellant, a direction may be issued to the Joint Director of Education to hold fresh elections of the Committee of Management.

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Learned counsel for the appellant has, in fact, in the changed circumstances, without prejudice to the plea raised, stated that he is now not questioning the validity of the order impugned either in the special appeal or in the writ petition and, he confines his submissions and prayer in the light of the current situation.

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Learned Standing Counsel has made submissions that appellant cannot claim any right based upon the previous elections which have already been turned down by the R.L.C. in its order

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5

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SPLA No. - 328 of 2014

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dated 10.06.2015 and, even otherwise, the term of the Committee of Management has already expired during the pendency of the litigation. He, therefore, submits that continuance of order of single hand operation, even in the present scenario, cannot be said to be illegal.

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We have considered the submissions made and have perused the material available on record.

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Admittedly, the term of the Committee of Management, which was elected pursuant to elections dated 17.06.2012, has come to an end long ago. Further, probably on account of various litigation, as referred to herein-above, including the two matters, which we are dealing with, the authorities have not proceeded to hold elections of the Committee of Management, despite the fact that the order appointing Authorized Controller was recalled way back in the year 2020.

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In view of above, we are of the opinion that the reliefs claimed in the special appeal as well as in the writ petition, in the changed circumstances and with the passage of time, can be recasted in the interest of justice, particularly in view of prayer “any other relief which this Court may deem fit and proper in the facts and circumstances of the case” and, therefore, we are inclined to dispose of both the matters with a direction to Joint Director of Education, Azamgarh to hold fresh elections of the Committee of Management, as was directed earlier also under the order dated 27.02.2020 passed in Writ-C No. 5380 of 2020, which order has not been set aside in any proceedings.

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6

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SPLA No. - 328 of 2014

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We also find that there being no rival Committee of Management, the dispute which had arisen before the D.I.O.S. in the year 2014 or before the R.L.C. in the year 2015, was on account of non-casting of two votes by two members and, in that view of the matter, the authorities passed orders which formed subject matter of litigation. Apparently, the dispute even qua alleged non-casting of two votes was confined to the elections of the year 2012 which, with the passage of time, have lost their significance for all purposes.

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Consequently, the special appeal as well as writ petition are disposed of directing the Joint Director of Education, Azamgarh Region Azamgarh to hold elections of Committee of Management of Institution-Binapara Inter College, Binapara, Azamgarh in accordance with the scheme of administration and strictly in accordance with law.

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As soon as a copy of this order is produced before the Joint Director of Education, he shall initiate the process of election and shall ensure that it is completed in accordance with law within a period of four months thereafter.

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(Kshitij Shailendra,J.) (Arun Bhansali,CJ.)

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March 30, 2026 Sazia

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Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad

The C/M Binapara Minority Edu. Society v. Abdul Qayyum and 5 Ors.

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The C/M Binapara Minority Edu. Society v. Abdul Qayyum and 5 Ors.

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