DHARM PAL SINGH Vs. D I O S

JUDGEMENT

(1.) Heard Sri S.F.A.. Naqvi, learned Counsel for the petitioner and Sri S.K. Jaiswal, learned Standing Counsel appearing for respondent No. 1. Even though counter-affidavit has been filed by respondent No. 2 and Sri Rajiv Gupt is the Counsel for respondent No. 2 but at the time of hearing none appears fo respondent No. 2.

(2.) Since counter and rejoinder affidavits have already been exchanged the petition is being finally disposed of at the admission stage.

(3.) Respondent No. 2 is the Committee of Management of Sri Chheda Lal Smarak Inter College, Jani, district Meerut. On 12-5-96 a notice as contained in Annexure-2 to the writ petition was published inviting applications from the general public for ordinary membership, life membership and Sanrakshak membership of general body of the Institution. The petitioner made an application dated 24-6-96 as contained in Annexure-4 along with bank draft in the name of Manager C.L.M. Inter College, Jani, Meerut amounting to Rs. 1,000/- intending to be made life member of the general body of the College. The application of the petitioner was rejected by resolution of the general body in the meeting held on 1-7-96 on ground that the draft was to be sent in the name of Sri Chheda Lai Smarak Vidyalay, Jani whereas the petitioner had sent the draft in the name of Manager C.L.M. Inter College, Jani, Meerut. An appeal was preferred by the petitioner before the District Inspector of Schools which has been dismissed vide order dated 13-8-96. The petitioner by the present writ petition was prayed that the orders dated 9-7-76 as contained in Annexure-5 and the order of the Appellate Authority dated 13-8-96 be quashed because in the advertisement as contained in Annexure-2 there was no mention as to in whose names the bank draft or cheque was to be submitted and in the advertisement itself the name of the Institution was stated to be C.L.M. Inter College, Jani, district Meerut. Therefore, the application of the petitioner was wrongly rejected by the general body of the Institution and appeal has been wrongly dismissed by the Appellate Authority. Only respondent No. 2 has contested the petition. In the counter-affidavit filed on behalf of respondent No. 2 it is stated by respondent No. 2 that the never distributed the hand bills stated in para 3 of the writ petition to the Committee of Management, however, published a hand bill notice on 12 - 5-96 inviting applications for registration of new members. According to Clause 2(3) of the Scheme of the administration, Sanstha means Sri Chheda at Smarak Inter College, Jani, Meerut and it is wrong to say that C.L.M.I.C. is the name of the aforesaid college. Respondent No. 2 while inviting applications had directed that draft regarding membership fee should be payable in the name of Sri Chheda Lai Smarak Inter College, Jani, Meerut. The petitioner sent draft in the name of C.L.M.I.C, Jani and such draft could not be accepted by the Committee of Management as well as the Bank because there was no account of respondent No. 2 in the name of C.L.M.I.C. When the respondent No. 2 learnt about the defective draft he immediately contacted the bank and enquired about the validity of the draft but the Branch Manager of the aforesaid bank refused to accept them as there was no account in the name of C.L.M.I.C. Therefore, there is no genuine ground for the petitioner to file this writ petition.