Yogendra Nath Singh and Another vs State of U.P. and Others

D.P. Mohapatra, C.J. and R.A. Sharma, J.—Heard Sri R. N. Singh for Appellants, learned standing counsel for Respondent Nos. 1 to 4 and Dr. R. G. Padia for Respondent No. 5.

Feeling aggrieved by summary dismissal of their Writ Petition No. 7827 of 1995 by order dated 18.11.1996 the Petitioners have filed this appeal challenging the said order.

The impugned order is a cryptic one. The relevant portion of the order reads:

Petitioners have challenged the impugned order dated 13.3.1995 by which Bara Inter College, Bara. District Ghazipur has been declared minority institution. In my opinion, this petition is liable to be dismissed on the short ground that Petitioners have no locus standi to challenge the impugned order. Petitioner No. 2 is only Assistant Teacher in L. T. Grade and Petitioner No. 1 is a member of the society. Thus the petition is dismissed.

On consideration of the submissions made, we are satisfied that the impugned order summarily dismissing the writ petition is unsustainable. It cannot be said that a teacher of the institution has no locus standi to question the order declaring the institution as minority institution. The apprehension that the change of status of the institution to a minority institution is likely to affect his service conditions cannot be said to be without any basis. It cannot also be said that a member of the society Is not entitled to challenge the order which changes the status of the society. In our considered view, the writ petition should have been considered on merit.

Accordingly, the Special Appeal is allowed. The impugned order dated 18.11.1996 is set aside. Civil Misc. Writ Petition No. 7827 of 1995 will be disposed of on merit in accordance with law. The case will be listed for hearing before the appropriate Bench during the week commencing 17th March, 1997.