COMMITTEE OF MANAGEMENT Vs. STATE OF UP

JUDGEMENT

(1.) Writ Petition No. 12893 of 2010 has been filed by the Committee of Management of Bipin Bihari Mahavidyalaya, Jhansi and Pramod Kumar Gupta claiming himself to be its Manager for quashing the order dated 1st December, 2009 passed by the Vice-Chancellor of the Bundelkhand University, Jhansi (hereinafter referred to as the 'University") by which, pursuant to the directions issued by the Court on 8th September, 2009 in Writ Petition No. 47900 of 2009 to the Vice-Chancellor of the University to pass an appropriate order on the papers submitted before him for grant of recognition to the Committee of Management of the Institution, the Vice-Chancellor has ordered that an appropriate order for granting recognition shall be passed after the enquiry initiated by the State Government against the Committee of Management of the Institution is completed and an order is passed by the State Government in the matter.

(2.) Writ Petition No. 5121 of 2010 has been filed by the Committee of Management of Bipin Bihari Mahavidyalaya, Jhansi and Pramod Kumar Gupta claiming himself to be its Manager for quashing the orders dated 7th August, 2009 and 8th September, 2009 passed by the Regional Higher Education Officer, Chitrakoot Region, Jhansi and for a direction upon the respondents not to interfere in the smooth functioning of the Committee of Management of the Institution.

(3.) It is stated in Writ Petition No. 12893 of 2010 that Bipin Bihari College Society (hereinafter referred to as the 'Society') is a Society registered under the provisions of the Societies Registration Act, 1860. The said Society established a Degree College by the name of Bipin Bihari Mahavidyalaya, Jhansi (hereinafter referred to as the 'Institution') which is affiliated to the University. In the election of the Committee of Management held on 8th June, 2007, Ram Ratan Agarwal was elected as the President and Pramod Kumar Gupta was elected as the Secretary/Manager. Papers relating to the elections were sent to the respective authorities. The lists of office bearers and members of the Committee of Management of the Institution for the years 2007-08, 2008-09 and 2009-10 were registered by the Assistant Registrar, Firms, Societies and Chits, Jhansi (hereinafter referred to as the 'Assistant Registrar'), but the Vice-Chancellor of the University did not pass any order for granting recognition to the Committee of Management of the Institution under Section 2(13) of the U.P. State Universities Act, 1973 (hereinafter referred to as the 'Act'). Writ Petition No. 47900 of 2009 was, therefore, filed by the petitioners which was disposed of by the judgment and order dated 8th September, 2009 with the following observations: