Allahabad High Court
Baba Bariyar Shah Memorial Association ... vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 10 May, 2023
Author: Devendra Kumar Upadhyaya
Bench: Devendra Kumar Upadhyaya
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:32362-DB Court No. - 1 Case :- SPECIAL APPEAL No. - 222 of 2023 Appellant :- Baba Bariyar Shah Memorial Association , Sultanpur Thru.President Amit Kumar Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Secondary Education Govt. Of U.P. Lko. And Others Counsel for Appellant :- Anupam Mehrotra,Anil Kumar Yadav Counsel for Respondent :- C.S.C.,Indu Prakash Singh,Manoj Kumar Mishra Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Om Prakash Shukla,J.
1. Heard Sri Anupam Mehrotra, learned counsel for appellants, learned State counsel for the State authorities, Sri I.P. Singh, learned counsel for respondent no.8 and Sri Manoj Kumar Mishra, learned counsel for one Sri Vishwanath Singh.
2. This intra-court appeal seeks to challenge the order dated 28.04.2023 passed by learned Single Judge in Writ-C No.3390 of 2023 whereby interim order passed earlier in the said petition on 26.04.2023 to the extent it directed the District Inspector of Schools, Sultanpur to take a decision on the request of the institution for appointment of an Observer has been withdrawn.
3. By the said order dated 28.04.2023 passed by learned Single Judge, the order dated 28.04.2023 nominating an Observer to oversee the election of Committee of Management of the institution in compliance of the order dated 26.04.2023 passed by learned Single Judge has also been ordered to be stayed.
4. At the outset, learned counsel representing the respondent no.8 and Sri Manoj Kumar Mihsra, learned counsel representing the Vishwanath Singh have raised preliminary objection as regards maintainability of the special appeal on the ground that the order under appeal herein is interlocutory in nature against which in terms of the provisions contained in Chapter VIII Rule 5 of the Rules of the Court, no special appeal would be maintainable.
5. On the other hand, learned counsel for appellants has stated that learned Single Judge while passing the order dated 28.04.2023 which is under appeal herein has recorded a finding as regards the maintainability of the alleged subsequent writ petitions, as such he has decided an issue and accordingly this special appeal is maintainable.
6. Having heard learned counsel representing the parties and having considered the facts of the case in detail, on our persuasion learned counsel for the parties have agreed that this special appeal may be disposed of. Accordingly with the consent of learned counsel for the parties, this Special Appeal is disposed of with certain directions which are as follows:-
(a) For appointment of an Observer to oversee the election of Committee of Management of the institution, the District Inspector of Schools, Sultanpur is directed to reconsider the matter afresh after giving opportunity of hearing to respondent no.8 and Sri Vishwanath Singh.
(b) The District Inspector of Schools will, thus, take fresh decision irrespective of the order dated 28.04.2023 passed by him earlier after giving opportunity of hearing to the appellants as also to the aforesaid persons. Such decision under this order shall be taken within six weeks from the date of production of certified copy of this order.
(c) The operation of the order dated 28.04.2023, passed by the District Inspector of Schools shall remain deferred till the decision by the District Inspector of Schools regarding appointment of Observer is taken afresh under this order. However, the said order dated 28.04.2023 passed by the District Inspector of Schools shall abide by the fresh order which may be passed by him under this order.
(d) We also direct that other writ petitions concerning the election of Committee of Management or concerning the dispute amongst the members of the Society which manages the institution, namely, Writ Petition Nos.735 of 2023, 9032 of 2022 and Writ-C No.15 of 2023 shall be clubbed along with Writ-C No.3390 of 2023 and shall be decided together.
(e) We further direct that the respondents in all the aforesaid writ petitions shall file their counter affidavits within a period of two weeks from today. Rejoinder affidavit, if any, in all the petitions shall be filed by learned counsel for petitioners within next two weeks. We also direct that in case any pleadings in these cases are filed by the parties even during vacations, the office shall not refuse to take the same. We also direct that the parties to the aforesaid writ petitions shall abide by the time limit being provided by this order for completion of pleadings.
(f) All the writ petitions shall be listed before the learned Single Judge on 4th July, 2023. Learned Single Judge is requested to expedite the proceedings of these writ petitions and conclude the same as early as possible, preferably, within a period of six weeks from the date these matters are listed next under this order.
(g) We also provide that the parties to the petitions shall not seek any adjournment before the learned Single Judge and shall fully cooperate with the hearing of the matters. However, in case for any reason these petitions are not decided within the time being stipulated herein, it will be open to the appellants to move application seeking interim relief in Writ-C No.3390 of 2023 which shall be considered and decided accordingly.
(h) We also provide that the findings recorded and observations made in the order dated 28.04.2023 passed by learned Single Judge in Writ-C No. 3390 of 2023 will have no bearing on the hearing of the writ petitions under this order, however, we may make it clear that all the points which may be available to the parties will be permissible to be raised by them in their respective pleadings. We also direct that during pendency of these writ petitions and till the same are decided by learned Single Judge the administrative and political authorities shall refrain themselves from making any kind of interference either in the affairs of the society or the institution. We further provide that the order which may be passed by the District Inspector of Schools under this order regarding prayer relating to nomination of Observer for overseeing the election of Committee of Management of the institution shall be brought to the notice of learned Single Judge hearing the writ petitions and if either of the parties raises any objection to the same, it shall also be considered and decided by learned Single Judge.
(i) We further direct that election of the Committee of Management of the institution shall take place after decision of the aforesaid writ petitions by learned Single Judge.
(j) We hope and expect that the parties to these special appeals shall abide by the terms of this order and shall make all endeavour to put a quietus to the prolonged dispute which ultimately is affecting working of the institution and the same, thus, cannot be said to be in the interest of education and the students.
Order Date :- 10.5.2023 Sanjay