Board of Trustees of the Shia College vs Syed Kazim Zaheer and Others

We have heard learned Counsel for the parties at length.

The short controversy is whether pending hearing the final disposal of the writ petition, the interim order restraining the appellants from making appointments of teachers can be sustained?

The controversy pertains to the Managing Committee of the Board of Trustees of the Shia College and the Schools and other connected institutions.

The bone of contention between both the parties is as to who constitutes the Committee of Board of Trustees. If there be the controversy in terms of the Societies Registration Act, as amended in the State of U.P. considering Sections 4 and 25, that has to be decided by the competent authority u/s 25.

Ultimately, if the petition is allowed and the impugned order of the Registrar whereby he takes a view that a particular group constitutes the Managing Committee is set aside and the matter is sent back u/s 25, in that view of the matter, in our view, the relief granted would be beyond the scope of the petition. To that extent, the interim order granted by order dated 14.5.2010 is set aside. All questions are left open to be considered in the writ petition.

We make it clear that we have not entered in to/considered the question with regard to the election of the Committee of Management, which according to the respondents'' counsel, was held on 16.12.2007.

We further make it clear that we have not decided the controversy on merit and leave the question open to the Hon''ble Single Judge before whom, we are informed, the respondents here have already concluded the arguments. On behalf of the appellants, learned Counsel assures that when the term comes to argue the petition which is fixed for today, they will proceed with the matter.

With the above observations, the special appeal is finally disposed of.