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Judgment
Sharad Kumar Sharma, J
(Through Hybrid Mode)
The petitioner, which is an elected Committee of Management of Sri Maheshanand Kanya Junior High School, Maajra, Dehradun, has preferred
this writ petition, praying for issuance of a writ of certiorari, quashing the impugned order dated 08.03.2021, which was passed by the District
Education Officer (Primary Education), Dehradun, as well as for issuance of a writ of mandamus, commanding the respondents to release the salary
to the teaching and non teaching staff of the said recognised aided school, as well as for an appropriate direction to the District Education Officer
(Primary Education), Dehradun, to grant the approval to the newly elected Committee of Management of Sri Maheshanand Kanya Junior High
School, Maajra, Dehradun, the election of which was alleged to have been conducted on 23.12.2020.
If the reason which has been assigned in the impugned order, is taken into consideration, the sole ground as assigned by the District Education
Officer (Primary Education), Dehradun, for not granting an approval/recognition to the newly elected Committee of Management of Sri Maheshanand
Kanya Junior High School, Maajra, Dehradun was on the ground that as on the date, when the election was conducted and the documentations were
made to his office for the purposes of grant of an approval to the newly elected Committee of Management of Sri Maheshanand Kanya Junior High
School, Maajra, Dehradun, the society under which the Committee of Management was functioning, its registration as granted under the Societies
Registration Act, had expired and hence, no approval could be granted to the newly elected Committee of Management, where the registration of the
society itself has expired.
Though this fact is being strongly refuted by the learned counsel for the petitioner, on the pretext that on the date when the documentation for the
approval of the newly elected Committee of Management, was sent to the office of District Education Officer (Primary Education), Dehradun, on that
date itself, the petitioner had presented the renewed registration certificate of the society with the other documents and the renewal of the society
which was granted on 06.03.2021, which was made to operate till 10.10.2025. In that eventuality, he submits that the embargo which has constituted,
as to be a sole reason for denying to recognise the newly elected Committee of Management, was absolutely not sustainable because the renewal
certificate was presented before the District Education Officer (Primary Education), Dehradun, whereby a request was also made for the release of
salary to teaching and non teaching staff of the school, which was withheld by the respondents, only on this pretext that the society of the petitioner
Committee of Management was not registered.
The provisions of the Societies Registration Act, as it has been made applicable to the State of Uttar Pradesh, by virtue of amendment which was
carried by an Act No. 52 of 1975, had inserted Section 3A(6), which reads as under:-
“(6) Where a certificate of registration is renewed in accordance with sub-section (2) or sub-section (5) such renewal shall operate from the date
of expiration of the period for which the certificate was operative.â€
If the said provision is taken into consideration, it provides that where a certificate of registration of the society, registered under the Societies
Registration Act is renewed in accordance with sub Section (2) or sub Section (5) of Section 3A of the Societies Registration Act, as applicable to the
State of U.P., which now stands applicable to the State of Uttarakhand, in view of the provisions contained under the Reorganisation Act, on the
renewal of the registration of the society made it would stand renewed from the date when the registration of the society expired and it will operate
from the date of its expiration.
In that eventuality, the contention of the petitioner from the pretext that the society stood renewed and the documentation of the renewal was
already presented before the respondent No. 3, but still denial to recognise the newly elected Committee of Management, to manage the affairs of the
junior high school, was absolutely contrary to the law, because the implications of Section 3A(6), would be that the society was registered, even as on
the date when the election of the society was conducted on 23.12.2020 by virtue of the implication of Section 3A (6) of the Societies Registration Act.
In view of the simplicitor implications of Section 3A(6), the election of the society, which was conducted on 23.12.2020, the documents which were
later on sent for an approval to the District Education Officer (Primary Education), Dehradun, along with the documents of renewal of registration of
society dated 06.03.2021, it ought not to have been denied on the ground that the society was not registered.
In view of the implications of Section 3A(6), the writ petition would stand allowed. The impugned order, passed by the District Education Officer
(Primary Education), Dehradun dated 08.03.2021, would stand quashed. A writ of mandamus is issued to the respondent No. 3, to consider and grant
approval to the newly elected Committee of Management of Sri Maheshanand Kanya Junior High School, Maajra, Dehradun, the election of which
was said to have been conducted on 23.12.2020, in the light of the impact of renewal granted on 06.03.2021, to be read in consonance with the
provisions contained under Section 3A(6) of the Societies Registration Act, and accordingly, after granting the necessary approval to the newly
elected Committee of Management of the petitioner, the District Education Officer (Primary Education), Dehradun would also consider the aspect for
the release of salary of teaching and non-teaching staff of the said institution, within a period of one month from the date of service of the certified
copy of this judgment.
Subject to the above observation, the writ petition would stand allowed.