COMMITTEE OF MANAGEMENT OF HARSHESHWAR NATH SANSKRIT PATHSHALA SAMITI, BRAHMAN PATTI, P.O. DEEH BHIEN, DISTRICT FAIZABAD AND OTHERS Vs. DEPUTY DIRECTOR OF EDUCATION (SANSKRIT), EDUCATION DIRECTORATE, U.P., ALLAHABAD AND OTHERS

JUDGEMENT

(1.) Committee of Management of Harsheshwar Nath Sanskrit Pathshala Samiti, Brahman Patti, Deeh Bhien, District Faizabad (hereinafter referred to as Pathshala) through its Manager Sri Ram Chandra Shukla has filed this petition under Art. 226 of the Constitution feeling aggrieved by the order dated 22-11-1982 passed by the Deputy Director of Education (Sanskrit), Directorate of Education, U.P.', Allahabad.

(2.) One late Sri Gaya Prasad Shukla had constructed a temple of Lord Shiva and the accommodation contained in Dharamshala round the temple was utilised for establishing a Sanskrit Pathshala. This Pathshala was subsequently recognised and was run by a Committee of Management. There was an election of the Managing Committee on 25th Sept., 1976. It may be mentioned that the Committee was registered under the Societies Registration Act and a certificate of registration had also been issued. According to the Scheme of Administration, the term of the Committee was to be five years. However, some people managed to have another parallel Committee organised and challenged the functioning. The matter came up when a dispute arose with respect to registration before the Registrar who by the order contained in Annexure-2 was pleased to declare the election of 25th June, 1979 invalid. This order of registration was challenged by opposite parties 5 and 6 through writ petition No. 2314 of 1980 which is still pending. The interim stay order was, however, contested and this Court had been pleased to pass order on 2nd March, 1981 contained in Annexure-3. This Court had directed the District Inspector of Schools to scrutinise the list of the members two months prior to the expiry of the period of Committee of Management which was elected in the year 1976 and which had a term of five years and fresh elections without prejudice were also directed to take place before the expiry of the term of the outgoing Manging Committee. The Inspector of Schools had prepared a list in pursuance of the orders of this Court. This is Annexure This letter discloses seventeen regular members of the general body. Thereafter on 28th Dec., 1981 election was held and Shri Ram Chandra Shukla was elected as Manager, Sri Rama Kant Shukla as Deputy Manager, Sri Chauthi Ram Gupta as Secretary, Surendra Pratap Singh as Deputy Secretary and Hanuman Prasad Yadav was elected as the assurer. The result vas duly communicated to Deputy Director of Education (Sanskrit), District Inspector of Schools, Inspector of Sanskrit Pathshala etc. As is evident from Annexure-6. It also appears that the Committee had applied for renewal and the Registrar had granted a certificate of registration recognising the elected committee. In these circumstances the Committee kept on managing the affairs of the Pathshala and continued to disburse the salary of the teachers. All of a sudden, it appears that the Deputy Director of Education (Sanskrit) pissed an order contained in Annexure-10 directing refusal of payment of grant - in aid to the Pathshala as there was dispute with respect to management and Salary was not being properly distributed to the teachers of the Pathshala. This order has been impugned in this petition as mentioned above.

(3.) Inspite of notice the petition has not been opposed on behalf of the Deputy Director of Education, District Inspector of Schools or any other party. Even respondents 5 and 6 have not filed any counter affidavit repudiating the allegations made in the petition.