JITENDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner in the writ petition prays for according in his favour the relief of cancellation of the registration of the society, nomenclatured as Shanti Niketan Education Society, Office at Malther, P.O. Ratti, Tehsil Sadar, District Mandi, Himachal Pradesh (hereinafter referred to as 'the society'). The society has been registered under the Societies Registration Act, before the competent officer and its registration certificate is comprised in Annexure P -1. The respondent No. 3 has accorded approval to the aforesaid society to house, a, Pharmacy College in the premises of the society, aforesaid. The learned counsel for the petitioner, while addressing arguments before this Court, qua his adverting to the fact of Annexure P -1, the, certificate of registration accorded in favour of the society, aforesaid, by the competent authority being fictitious and forged, has also alluded, to, the factum of a recital in running Page -147 of the writ petition, Paragraph -9, a perusal whereof divulges the fact of the Sub Divisional Magistrate, Sadar, Sub Division, Mandi having, in it, portrayed the fact of the society nomenclatured, as Shanti Niketan Education Society, Office at Malther, P.O. Ratti, Tehsil Sadar, District Mandi, Himachal Pradesh, having obtained registration from the competent authority by misrepresentation of the facts and by producing forged documents. Therefore, hence, the officer, swearing the affidavit, had, prima -facie, recorded a conclusion of the registration of the society being illegal. The pivotal and potent fulcrum, on which the case is anchored upon, is the inquiry report existing at page 468 of the paper book, conducted by the Registrar of Cooperative Societies Registration Act, in compliance to the directions issued by the High Court on 16.8.2012/12.11.2012.

(2.) THE respondents, in their respective replies, had vindicated the stand that the educational institutions run by the society, aforesaid, which had obtained registration under the Societies Registration Act from the competent authority, had, a solemn and pious obligation of providing education to students, its registration was tenable and that the relief, as prayed for by the petitioner, in the writ petition, was wholly unjustified and necessitated its being refused by this Court.

(3.) WITHOUT adverting to, in extenso, to, the entire findings, recorded in the report, it is worthwhile to refer to the conclusions given by the Inquiry Officer, contained in Page -470 of the paper book, which portion is extracted herein -after: -