MAHARANA PRATAP SHIKSHA PARISHAD Vs. GORAKHPUR UNIVERSITY

JUDGEMENT

(1.) This writ petition has been files by the Maharana Pratap Shiksha Parishad, Gorakhpur a registered society which one time ran an educational institution as a degree college which subsequently become a constituent college of the Gorakhpur University. The petition has been filed by the society, aforesaid, through Mahant Avaidnath, Gorakhpur Math, as Secretary to the Society.

(2.) On facts there is no issue. Before establishment of the Gorakhpur University, it is contended, that the scheme for higher education in Gorakhpur was such that there were two colleges in this town One, the Maharana Pratap Degree College, run by the Society and the other St. Andrews College. At the time when the incorporation of the Gorakhpur University was being contemplated, the question arose on what would happen to these two degree colleges. There were discussions on the matters and the administration of St. Andrews College decided not to merge with the Gorakhpur University. The Society took a decision that its institution, the Maharana Pratap Degree College would merge with the Gorakhpur University. The Society and the Gorakhpur University were in discussions with the State Government. Consequently, after the deliberations, a covenant was signed which became an indenture by which the Maharana Pratap Degree College was to became a constituent college transferring its assets to the Gorakhpur University. In the context of this matter one of the clauses of the indenture which was registered in formality by a recorded document, the salient features were that all the assets and liabilities would be taken over by the Gorakhpur University, the Maharana Pratap Degree College, as is its name would see no change, and a member of the Society, its Shiksha Parishad would have one representative elected to be on the Executive Council of the University. This particular understanding reasons, thus :

(3.) After this indenture had been signed on 24 September 1958, having been presented by no other person than Mr. B. N. Jha, then Vice-Chancellor and one of the members of the ecclesiastic order, that is, of the Math, representing the Society, a representative of the Shiksha Parishad, in fact, was sent to the Executive of the Gorakhpur University and participated in its deliberations.