LAWS(MPH)-2011-6-16

AMBEDKAR ADARSH SHIKSHA SAMITI Vs. UNION OF INDIA

Decided On June 23, 2011
AMBEDKAR ADARSH SHIKSHA SAMITI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) CHALLENGING the order-dated 1.3.2007 Annexure P/1, passed by the Government of India, Ministry of Human Resources, (Department of School Education and Literacy), by which the Jan Shikshan Sansthan has been delinked from the aegis of the petitioner society, this writ petition has been filed.

(2.) BEFORE taking note of the dispute involved in the writ petition, it would be appropriate to take note of the Jan Shikshan Abhiyan, which is a programme initiated by the Government of India through the Ministry of Human Resources Development, initially for the purpose of imparting literacy, and under the National Literacy Mission which was established in the year 1988 a Scheme known as Shramik Vidyapeeth was initiated. The purpose of this Scheme/Programme was to impart literacy to the employees, labourers and persons who are illiterates. Subsequently, the nomenclature of this Scheme is changed to Jan Shikshan Adhiniyam and the Institutions managing the programme are known as the Jan Shikshan Sansthans (hereinafter referred to as `JSS'). The JSS are run by non-governmental organization and are important establishments, which are imparting training in different vocational skills to neo-literates for the purpose of carrying out the programmes under the Scheme. The JSS are established and the Scheme is implemented as per the guidelines and programme formulated by the Central Government and funds for the same is also provided by the Central Government. The Scheme aims to provide multi-faceted adult education by improving the vocational skills and quality of life of the persons, who are the beneficiaries of the scheme. The beneficiaries are mostly neo-literates or semi-literates. The Scheme mainly concentrates on the socio-economic backward regions and is earmarked for giving advantage to educationally backward groups in urban and rural areas.

(3.) THE Ambedkar Adarsh Shiksha Samiti (hereinafter referred to as the `petitioner society') is a duly registered society registered under the M.P. Society Registration Act, 1973 and in accordance to the directions of the State Government it was granted the sanction vide letter-dated 28.6.1993 Annexure P/2, to carry out the activities of the Shramik Vidyapeeth, which was subsequently changed to JSS. THE JSS is set up by a voluntary organization like the petitioner organization and the Chairman/President of the voluntary organization is also the Chairman/President of the JSS. After the activity of JSS was entrusted to the petitioner establishment in the year 1993, it seems that the petitioner's establishment started their activities, but during the course of the activities from the year 2000 various disputes started surfacing between the office bearers of the petitioner society, as a result writ petitions were filed and appeals were also filed before the competent authority under the M.P. Societies Registrikaran Adhiniyam in the matter of election to the society in question. THE resulting dispute in the matter of election to the society in question travelled to this Court, in W.P.No.2040/2002, whereby certain orders passed by the Registrar of Firms and Societies were challenged.