SURAJ BHAN Vs. MADAN KUMAR BANSAL AND ORS.

JUDGEMENT

(1.) Suraj Bhan, describing himself as Manager of the Committee of Management of Ram Ratan Intermediate College, Billari, district Moradabad, is assailing the validity of the order dated 4.7.2013 passed by the learned Single Judge of this Court in Writ Petition No. 34881 of 2011 (Dr. Madan Kumar Bansal Vs. Union of India & Others) setting aside the notification dated 4.5.2009 issued by the Secretary National Commission for Minority Educational Institution, New Delhi, as well as the letter dated 5.5.2009 issued by the State Government and the consequential order dated 16.3.2011 issued by the District Inspector of Schools, Moradabad by allowing the special appeal and dismissing the aforementioned writ petition.

(2.) Brief background of the case, as is reflected in the present case is that in the district of Moradabad there has been a society known as Billari Education Association and the said society in question has established the institution known as Ram Ratan Intermediate College, Billari, district Moradabad and in reference to the said institution it is reflected that an application was moved before the National Commission for Minority Educational Institution, New Delhi for getting a certificate to the effect that institution in question is a minority institution and based on the said application being moved the Secretary, National Commission for Minority Educational Institution, New Delhi on 4.5.2009 declared the institution to be a minority institution and based on the said notification consequential directives have been issued by the State Government and the District Inspector of Schools following the same in its turn proceeded to make a mention that institution in question is a minority institution and such an action impelled Dr. Madan Kumar Bansal to be before this Court by preferring the Writ Petition No. 34881 of 2011. In the said writ petition in question after pleadings inter-se parties have been exchanged, writ petition in question has been taken up for final hearing and disposal and learned Single Judge has proceeded to allow the writ petition and thus giving an opportunity to appellant to be before this Court by means of present Intra Court Appeal.

(3.) Sri Ashok Khare, Senior Advocate, assisted by Sri J.P. Singh, Advocate, submitted that in the present case learned Single Judge has transgressed and overstepped his jurisdiction at the point of time when he has proceeded to allow the writ petition and to substantiate this fact it has been sought to be contended that in spite of the fact that parliamentary act namely Act No. 2 of 2005 was not even under challenge as amended by Act No. 18 of 2006, the same has been in effect altered, in view of this, the appeal in question deserves to be allowed and especially in the peculiar backdrop of the case that Dr. Madan Kumar Bansal has no concern with the society and the institution.