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High CourtsSingle Bench(2002) 09 AHC CK 0052

Dharam Pal Singh vs District Inspector of Schools and Others

Allahabad High Court · Decided on 5 September 2002 · Citation: (2002) 5 AWC 3594

HON’BLE JUDGES
Anjani Kumar, J
RESULT
Dismissed
CASE NUMBER
C.M.W.P. No. 20998 of 1999

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Judgment

6 paragraphs · 393 words

Anjani Kumar, J.—By means of this writ petition, the Petitioner Dharam Pal Singh has challenged the order contained in Annexure-2 to the writ petition, communicated by the Principal of the college dated 4.5.1999, whereby pursuant to the direction issued by this Court in Writ Petition No. 30507 of 1996 decided on 6.4.1999, general body of the college was directed to consider the application of the Petitioner for membership within three days from the date of filing of the same and take decision as to whether the Petitioner is to be inducted as member of the general body.

2.

At the time when the application was filed, an objection was taken to the effect that the Petitioner is a quarrel-some person as averred in the resolution and as he indulged in litigation against the society or the college, therefore, he was refused to be inducted as member of the general body. On 22.11.1999, when the matter was taken up, this Court passed an order that the aforesaid objection cannot be said to be arbitrary or vague. As such to clarify the position, the Petitioner was directed to file a supplementary-affidavit denying the allegation of the management.

3.

Be it as may be that by the impugned resolution of the general body, the general body has complied with the directions issued by this Court and it has taken a decision not to register the Petitioner as member of the general body. This decision cannot be challenged by means of the present writ petition as the general body of the college is body which is not created by the statute but under the statue and in view of the law laid down in a Full Bench decision of this Court in Aley Ahmad Abidi Vs. Dist. Inspector of Schools, Allahabad and Others, , the general body of the college is not a statutory body and the same is not amenable to writ jurisdiction of this Court under Article 226 of the Constitution of India.

4.

Since none of the statutory provision has been violated by the impugned order, this writ petition is not maintainable and is hereby dismissed.

5.

The Petitioner may take a recourse to such remedy which is available under law as I have not decided the case on merit in the present writ petition.

6.

With this liberty the writ petition is dismissed.