Allahabad High Court
C/M, Late (Sri) Tribhuwan Singh Samaj ... vs State Of U.P. & Others on 28 January, 2010
Author: Dilip Gupta
Bench: Dilip Gupta
Court No. - 39 Case :- WRIT - C No. - 3948 of 2010 Petitioner :- C/M, Late (Sri) Tribhuwan Singh Samaj Sewa Samiti & Anr. Respondent :- State Of U.P. & Others Petitioner Counsel :- Radha Kant Ojha Respondent Counsel :- C.S.C.,Neeraj Tiwari Hon'ble Dilip Gupta,J.
The Committee of Management of Late (Sri) Tribhuwan Singh Samaj Sewa Samiti Village Chilbila, Tehsil Meja district Allahabad (hereinafter referred to as the 'Society') and Ramesh Bahadur Singh claiming himself to be the Manager have filed this petition for setting aside the order dated 5th December, 2009 passed by the Committee constituted by the State Government for granting 'No Objection Certificate' for opening a new Degree College.
It is stated in the petition that the Society decided to open a Degree College in the name of Babu Fateh Bahadur Singh Degree College, Chilbila Nahwai, Allahabad and for that purpose applied for 'No Objection Certificate' from the State Government. The State Government has constituted a Committee by the Government Order dated 29th June, 2009. A letter dated 25th August, 2009 was sent by the Registrar of the Chhatrapati Sahu Ji Maharaj, University Kanpur (hereinafter referred to as the 'University') to the petitioners for removing the defects pointed out in the letter and the petitioners after removing the defects submitted the relevant documents to the Registrar of the University by the letter dated 8th December, 2009. However, the Committee by the impugned order has refused to grant the 'No Objection Certificate' as the papers had not been submitted by the petitioners and it has also been stated that the constitution of the Committee of Management is contrary to the provisions of Statutes 13.5(d) of the Statutes framed by the University.
Sri R.K. Ojha, learned counsel appearing for the petitioners submitted that the petitioners had removed the defects and had sent the documents to the Registrar of the University, but the University did not send these documents to the Committee as a result of which the impugned order was passed. He further submits that the Committee should not have commented upon the constitution of the Society as the Committee of Management of the Institution will be different and will be formed only after affiliation is granted by the State Government.
Learned Standing Counsel appears for respondent Nos. 1 and 3 while Sri Neeraj Tiwari appears for respondent No.2. They state that in the event the petitioners submit the documents again to the Registrar of the University with copy of the Committee, the Committee shall examine the same and take an appropriate decision in accordance with law expeditiously.
In view of the aforesaid, this petition is disposed of with a direction that in the event the petitioners file the relevant documents before the Registrar of the University within a period of two weeks' from today and send a copy to the Committee, an appropriate decision shall be taken expeditiously, preferably within a period of six weeks' thereafter. The order impugned in the present petition shall be abide by the final order to be passed by the Committee.
Order Date :- 28.1.2010 NSC