1 S.B. Civil Writ Petition No.3302/2002 Shri Umed Kanya Pathsala & Anr. vs. State of Rajasthan & Ors. S.B. Civil Writ Petition No.3302/2002 Shri Umed Kanya Pathsala and another. vs. State of Rajasthan and others. Date : 17.7.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.DK Parihar, for the petitioners. Mr.OP Mehta ) for the respondents. Mr.GR Calla ) - - - - - Heard learned counsel for the parties. The present writ petition has been filed by the petitioner no.1 - Shri Umed Kanya Pathsala, a registered society, through its Secretary and Petitioner No.2 – Shri Umed Kanya Secondary School through its Manager/Secretary. In the writ petition, following reliefs have been prayed :- “(a) The order dated 17.8.2002 i.e. Ex.17 be quashed. 2 S.B. Civil Writ Petition No.3302/2002 Shri Umed Kanya Pathsala & Anr. vs. State of Rajasthan & Ors. (b) The certification/verification/ recognition done by the Respondent no.3 on 1.3.2002 or any document prepared by the Respondent No.3 for the matter in dispute be quashed. (c) The Respondents no.1 to 3 be directed not to exercise the jurisdiction which is not vested in them in this matter under the Act 1989 and Act 1958. (d) Any other relief for which the petitioners are entitle, be granted.” Detail facts may not be necessary in view of the fact that the order dated 17.8.2002 (Annex.17) which is under challenge was issued by the Special Secretary, Education because of the reason that a writ petition no.3919/2001 was filed by one Hemraj wherein the following directions were issued on 7.2.2002 :- “The petitioner will approach Education Department with the grievances which he claims to be existing. The Department will hear the petitioner and pass orders in accordance with 3 S.B. Civil Writ Petition No.3302/2002 Shri Umed Kanya Pathsala & Anr. vs. State of Rajasthan & Ors. law. With these observations the writ petition is disposed of.” In pursuance of the said directions, after hearing the parties, it has been held that the election of the managing committee of the petitioner no.2 was held on 30.12.2001. 15 members were elected for the managing committee, 6 members were co-opted and thereby total 21 members are in the executive committee and the constitution of the executive committee is proper. Both these issues were considered and it was observed that one of the member Amar Singh was suspended from membership of the society on 10.7.2001. Said order was set aside on 17.7.2001 but in order dated 2.8.2002, it was held that the order dated 17.7.2001 was not in accordance with law and the suspension of Amar Singh was upheld. The petitioners' grievance is against the order dated 17.8.2002 (Annex.17) and the contention of learned counsel for the petitioners is that the respondents had no authority to declare the election dated 16.2.2001 to be valid nor had right 4 S.B. Civil Writ Petition No.3302/2002 Shri Umed Kanya Pathsala & Anr. vs. State of Rajasthan & Ors. to pass any order in the affairs of the society. From the tenor of Annex.17, it appears that some person informed the Government that in the affairs of the managing committee, some disturbance is created upon and this order was issued on 17.8.2002 that the Deputy Director, Education should take care that there should be no hindrance in the working of the managing committee. Undisputedly, the term of managing committee of the year 2002 had come to an end in the year 2005 and now in this writ petition, no relief has been claimed for setting aside the election of the said managing committee and, therefore, no issue with respect to the validity in the constitution of the managing committee is under consideration before this Court in this writ petition and the order dated 17.8.2002 (Annex.17) had its own tenure which came to an end. The petitioners' another relief is with 5 S.B. Civil Writ Petition No.3302/2002 Shri Umed Kanya Pathsala & Anr. vs. State of Rajasthan & Ors. respect to challenge to Annex.18 which is purported decision to constitute the managing committee on 16.2.2002. Learned counsel for the respondent State as well as private respondents pointed out that the State has already send its departmental representative as required by Rule 23(1)(e) of the Rules of 1993 which is apparent from Annex.18 itself. Be it as it may be, the fact is that the term of the said committee admittedly has come to an end and nothing survives in this writ petition so far as challenge to said constitution of the committee. Learned counsel for the petitioners submitted that the term of second managing committee also in the facts has already come to end in the year 2008 and the society is free to elect its managing committee. The above issue is not involved in this writ petition because of the reason that nobody can prevent a lawfully constituted body to undertake all the exercises which they are under obligation by the virtue of Byelaws and Rules governing their 6 S.B. Civil Writ Petition No.3302/2002 Shri Umed Kanya Pathsala & Anr. vs. State of Rajasthan & Ors. affairs. How the society should work and proceed, there is no need of any direction of any Court. Their acts and actions unless challenged and aggrieved party approaches the Court, they are free to proceed in accordance with law and rules. In view of the above reasons, there is no need to issue any direction and, therefore, this writ petition has become infructuous and the same is hereby dismissed. Learned counsel for the respondent State submitted that there is a litigation pending between the private parties with respect to various issues. Be it as it may be, no issue is decided in this writ petition by this Court and, therefore, the merits of the suit are not affected in any manner by any observation made in this order, is made clear expressly. (PRAKASH TATIA), J. S.Phophaliya