Delhi District Court
Federation Of Sabhas vs The Central Tibetan Schools ... on 30 July, 2011
ID No.02401C0289362006
IN THE COURT OF SHRI PANKAJ GUPTA : ADDL. DISTRICT
JUDGE (CENTRAL07) : TIS HAZARI COURT : DELHI
Suit No.160/2010
Federation of Sabhas,
Through its National President & Patron
All India CTSA Pensioners Associations &
Patron All India CTSA,
Employees Welfare Association
III F87, Nehru Nagar,
Rakesh Marg, Ghaziabad, U.P. ............. PLAINTIFF
VERSUS
1. The Central Tibetan Schools Administration
(CTSA) though its Director
2. The Director of CTSA & Member
ExOfficio of the CTSA, Governing Body,
ESS ESS Plaza,
Community Centre Sector3,
Rohini, Delhi - 110 052
3. The Joint Secretary (SE) & Chairman CTSA
Government of India,
Ministry of HRD, Shastri Bhawan,
New Delhi.
4. The Joint Secretary & Financial Advisor
and Member of CTSA
Department of Education,
Shastri Bhawan, New Delhi.
5. The Director and Member of CTSA,
Ministry of External Affairs,
1/6 Federation of Sabhas vs. Central Tibetan Schools Administration
South Block, New Delhi.
6. The Director (China)
and Member of CTSA,
Ministry of External Affairs,
South Block, New Delhi.
7. Union of India
Through its Secretary,
Ministry of HRD,
Shastri Bhawan,
New Delhi. ............ RESPONDENTS
Date of Institution : 07.04.2006
Date when the case reserved for order : 01.08.2011
Date of Order : 01.08.2011
J U D G M E N T
1. The plaintiff filed the suit for permanent injunction in the public interest and national interest for restraining the defendants from merging the Central Tibetan Schools Administration (CTSA) into Chinese Tibetan Agency (CTA).
2. In the plaint, it is stated that the plaintiff is a registered political party and is patron of All India Central Tibetan Schools Administration (CTSA) Employees Welfare Association and All India CTSA Pensioner's Association. Shri Dharamvir Singh Rawal, National President of the federation is duly authorized to file the present suit. The plaintiff takes all possible steps to protect the national and the public interest, as one of his objectives. CTSA's 230 exemployees are pensioners and formed all India CTSA Pensioner's Association. They are also the member of the plaintiff's 2/6 Federation of Sabhas vs. Central Tibetan Schools Administration Federation. The defendant no.1 is an autonomous body under the Ministry of Human Resource Development which was set up for providing education to Tibetan Children and preservation of the Tibetan language and culture. On 03.07.2002, CTSA governing body constituted the "Peer Review Committee" (the committee) to prepare a report on relevancy of CTSA, its programmes and budgetary support. In January 2006, the committee placed its report before CTSA for further action. In the said report, the committee recommended that CTSA should be merged with CTA of his holiness Dalai Lama or with an autonomous body or Society that may be sponsored by CTS w.e.f. Financial year 20052006. In addition, other recommendations were also made by the committee. In the present suit, the plaintiff challenged the recommendations of the committee to merge CTSA on the various grounds as mentioned in para 14 of the plaint including on financial aspects. The plaintiff also termed the report of the committee as false on the ground as mentioned in para 15 of the plaint. It is also stated that on 11.03.2006, the plaintiff served a legal notice calling upon the defendants not to act upon the said recommendations. Hence, it is prayed that a decree for permanent injunction may be granted against the defendants to restrain them from merging CTSA into CTA.
3. Notice of the suit was issued to the defendants. In response thereto, the defendants filed the Written Statement (WS) and raised the preliminary objection that the plaintiff does not have locus standi to file the present suit. Rest of the averments are denied by the defendants.
4. The plaintiff filed the replication and reiterated the averments 3/6 Federation of Sabhas vs. Central Tibetan Schools Administration made in the plaint. In reply to the preliminary objection, it is stated that those who do not have direct and/or personal interest, even then they could maintain the suit as public interest litigation. It is also stated that the plaintiff has cause of action as it has the apprehension of dissolution of CTSA and its merger into CTA.
5. On 09.04.2007 the following preliminary issues was framed by the Ld. Predecessor of this court :
"Whether the present plaint is liable to be rejected under Order 7 Rule 11 CPC since plaintiff has no personal interest in the subject matter of the present suit as contemplated by Section 41 (e) of the Specific Relief Act, 1963, as claimed for by the defendants ?
6. I have heard the plaintiff and Ld. Counsel for the defendants and have perused the material available on record.
7. In the present case, the plaintiff filed the suit being a political party and pattern of All India CTSA Pensioner's Association which association comprised of exemployees of CTSA. The plaintiff pleaded in the plaint that the said association protects the national interest as well as the public interest. Admittedly, all the employees who are the part of the plaintiff federation were the exemployees of CTSA when the suit was filed. In the replication, the plaintiff also pleaded that it had rather filed the public interest litigation. As such, neither the plaintiff being a political party and the representative of exemployees of CTSA nor the ex employees of the 4/6 Federation of Sabhas vs. Central Tibetan Schools Administration CTSA had any interest in the subject dispute which could be resolved by way of suit.
8. In the present suit, the grievance of the plaintiff is that the recommendations made by the committee in its report for merging CTSA into CTA.
9. Now the question arises, whether the plaint discloses any cause of action in favour of the plaintiff and against the defendants. The plaintiff strenoulsy pleaded that the plaintiff has a cause of action and the same is disclosed in the plaint. In the entire plaint, the plaintiff has not mentioned as to how and when the cause of action accrued in its favour to file the present suit. The defendants in their WS raised the preliminary objection to that effect. Thereafter, the plaintiff filed the replication and in the replication para 1 (b) of reply to the preliminary objections, the plaintiff for the first time pleaded that the cause of action has been disclosed in the suit as it had apprehension of dissolution of CTSA and its merger with CTA. Even in para no.2 (b) of the replication, the plaintiff pleaded the facts which raised its apprehension. It implies that the plaintiff filed the present suit merely on the basis of apprehensions. As such, the suit is premature in nature. In view thereof, it can be held that the plaint does not disclose any cause of action in favour of the plaintiff and against the defendants.
10. Further, the plaintiff only prayed that the merging of CTSA into CTA be stopped. It is nowhere the case of the plaintiff that the committee was not formed as per law and was not competent to make the 5/6 Federation of Sabhas vs. Central Tibetan Schools Administration recommendations. The plaintiff has also not sought any relief regarding cancellation of the report containing the said recommendations. As such, the suit is barred under Section 41(h) of Specific Relief Act, 1961.
11. In view of the foregoing discussion, the preliminary issue is decided against the plaintiff and in favour of the defendants.
12. Therefore, the plaint is rejected. No order as to cost. Decree sheet be drawn. Accordingly, all the pending applications are dismissed being infructuous. File be consigned to Record Room.
Announced in the open court, (PANKAJ GUPTA)
On 1 of August, 2011. ADJ(Central07)/DELHI
st
01.08.2011
6/6 Federation of Sabhas vs. Central Tibetan Schools Administration