MAHENDRA SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Petitioner has invoked extraordinary jurisdiction of this Court under Article 226/227 of the Constitution of India seeking writ in the nature of certiorari quashing the impugned order dated 05.04.2014, passed by respondent no. 1, in Appeal no. 08 of 2013-14, titled as "Dushyant Kumar vs Registrar, Firms and Societies & others (contained as Annexure no. 5 to the writ petition).

(2.) Brief facts of the case, as narrated in the writ petition, are that petitioner is a member of the General Body of a Society known as 'Dayanand Anglo Vedic Vidhyalaya Junior High School, Bhagwanpur, District Haridwar', which runs and manages an Inter College known as B.D. Inter College, Bhagwanpur, District Haridwar, through a Committee of Management and petitioner is a life member of the said society. At present an Administrator is looking after the affairs of the said college.

(3.) The said Society came into existence with 38 members forming the said society, who are also the life members of the said society and the said list of 38 members is approved by the Education Department also and the said approval was accorded to this list of 38 members of the Society by District Inspector of Schools in the year 1992. The name of the petitioner finds mention in this list of 38 members at Sl. No. 9 and the said list was duly approved by District Inspector of Schools in the year 1992. Apart from the abovesaid list, a list comprising of 27 members also came into existence in the year 2001, in which the name of one Sri Vikas Tyagi was also included. The said list was challenged at various forums from time to time upto the year 2008. Apart from above stated list of 27 members, another list of 50 members including one Sri Satpal pertaining to B.D. Inter College, Bhagwanpur, District Haridwar was brought by the said Sri Satpal. Last list, in the series of these lists, was a list brought forward by present respondent no. 3 of 59 members in which the name of respondent no. 3 figured and he came out with the case that this is the list which is with the Education Department and is the only approved list now available with the Education Department.