NISHAT FATIMA Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioners are ten in number. They claim themselves to be Life Members of the General Body of an educational institution. They are aggrieved by the order of the Regional Level Committee dated 28th June, 2013, whereby the election of the respondent nos. 14 and 15 has been held to be valid and the claim of the petitioner nos. 2 to 10 has been rejected.

(2.) THE essential facts are that S.A.M. Inter College, Naugawan Sadat, District J.P. Nagar (for short, the "Institution") is a recognised Institution. It receives aid out of the State fund upto High School level and is governed by the provisions of the Uttar Pradesh Intermediate Education Act, 1921 and the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of the Teachers and other Employees) Act, 1971. The affairs of the Institution are managed by a Committee of Management. The Institution has been established by a Society, namely, S.A.M. Inter College, Naugawan, Sadat, District J.P. Nagar (for short, the "Society"). The General Body of the Society and the Institution is said to be common.

(3.) THE petitioners' case is that some of them became Life Member of the General Body by depositing a draft of Rs.2,000/ - each on 03rd August, 1996, whereas some of them were enrolled as Life Member on 05th August, 1996 and 20th August, 1996. Details of names of the members, who are said to have been enrolled on 03rd August, 1996, 05th August, 1996 and 20th August, 1996, have been mentioned in paragraphs -3, 4 and 5 of the writ petition. They claim that they have deposited the said amount with the then Manager Dr. Mohd. Ashraf, who has issued receipt to them. It is stated that some of the persons, who were enrolled on 20th August, 1996, were asked by the Manager Dr. Mohd. Ashraf to get prepared two drafts of Rs.1010/ - each instead of draft of Rs.2000/ -, and also issued two receipts for the same.