B P S CHAUHAN Vs. SANJAY SINGH MANAGER OF THE COMMITTEE OF MANAGEMENT OF COLVIN TALQUKDARS INTER COLLEGE

JUDGEMENT

(1.) CIVIL Appeal Nos. 5247, 5244, 5248, 5245, 5246 of 2008 arise out of a common order and judgment dated 17.11.2004 passed by a Division Bench of the Allahabad High Court at Lucknow on five Writ Petitions bearing Nos. 6415 (S/S) of 2002, 2759 (PIL) of 2003, 2049 (M/S) of 2003, 4704 (S/S) of 2003 and 7179 (M/B) of 2002. The appellant is an educational society registered under the Societies Registration Act, 1860. The issue in these five appeals is with respect to the decision of the appellant to shift the secondary and higher secondary courses of education conducted in its school and intermediate college, affiliated to the Board of High School and Intermediate Education of Uttar Pradesh ('U.P. State Board' for short), to the Indian Certificate for Secondary Education Course ('ICSE Course' for short) by seeking affiliation with the Council for the Indian School Certificate Examination, New Delhi ('Council' for short).

(2.) CIVIL Appeal Nos.5249-5250 of 2008 and 5251-5252 of 2008 arise out of Writ Petition Nos.119 and 120 (S/S) of 2005 which were filed by a few teachers seeking salary as a consequence of the above order dated 17.11.2004. A learned single Judge of Lucknow Bench of the Allahabad High Court had passed a common interim order dated 7.1.2005, on those two writ petitions in favour of the teachers, and the appellant had filed Special Appeal Nos. 59 and 60 of 2005 from those interim orders. A Division Bench of the High Court hearing those two Special Appeals had left the interim orders undisturbed by its common order dated 8.2.2005. These interim orders as well as the orders on the Special Appeals have been challenged by the appellant in Appeal Nos.5249-5250 and 5251-5252 of 2008.

(3.) IT is the case of the appellant, that the strata of the society from which the students were attending this school and intermediate college slowly started preferring the schools affiliated to the ICSE Course. The number of students went on dwindling, and therefore the appellant decided to switch over to the ICSE course run by the Council. The management sought the No Objection from the State of U.P. for this switch over, and the Joint Secretary of the Education Department of the State of U.P. informed the appellant by his letter dated 26.4.1980 that the State Government had no objection to the appellant-college getting affiliated to the course run by the Council subject to the following two conditions :