AYUDH UPASKAR NIRMANI KALYAN SAMITI, KANPUR versus GOVERNMENT OF INDIA AND ORS.

Citation: [2006] SUPP. 8 S.C.R. 1137 · Decided: 14-11-2006 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Disposed off
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Judgment (excerpt)

t . 
A YUDH UPASKAR NIRMANI KAL YAN SAMIT!, KANPUR 
A 
v. 
GOVERNMENT OF INDIA AND ORS. 
NOVEMBER 14, 2006 
[ARIJIT PASAYA T AND LOKESHW AR SINGH PANT A, JJ.] 
B 
Educational Institution-Secondary School-Affiliated to CBSE 
Board-Established by a Society with object to establish Institutions to the 
wards of officers and employees of Ordinance Equipment factory-School C 
established in Factory premises-No lease granted to the Society-Direction 
by the Ordinance Factory Board to discontinue the running of the School 
after the academic Session 2005-2006, to deposit enhanced lease rent with 
premium and to pay enhanced monthly rent till continuation of the School 
in the premises-Orders challenged in Writ Petition-Dismissal-On appeal, 
held: There was non-grant of any lease to the Society and valid sanction D 
to the Society, discontinued as the object of the Society had failed-However, 
since School was duly affiliated and students were prosecuting their studies, 
extended time granted to close the School. 
Appellant-society was established by the Officers and employees of 
Ordinance Equipment Factory (OEF) with the object to impart education to E 
students by establishing Institutions. The society established Secondary School 
which was recognized by Central Board of Secondary School (CBSE). A 
building in which previously a Kendriya Vidyalaya was run, was handed over 
to the Society to run the School at the annual rent ofRs.3,904/-. By &n order 
dated 4.4.2005 the Society was asked not to run the School from OEF F 
premises after the academic Session 2005-06, not to take any student in Class 
IX and X in the academic year 2005-06; to deposit Rs. 32,95,315/- as lease 
rent plus premium within a period of one month; and to pay a monthly rent of 
Rs. 18, 307/- till the School functioned from the OEF premises. The order 
was challenged by filing Writ Petition. The same was disposed of by High 
Court with the direction to make representation to the Ordinance Factory G · 
Board. Society made re(iresentation before the Board and the same was 
rejected by Order dated 21.6.2005 and Society was directed to comply with 
the directives in the Order dated 4.4.2005. Society filed Writ Petition 
1137 
A 
B 
c 
D 
E 
I 138 
SUPREME COURT REPORTS [2006] SUPP. 8 S.C.R. 
challenging the orders dated 4.4.2005 and 21.6.2005, which was dismissed 
by High Court. Hence the present appeal. 
Disposing of the appeal, the Court 
HELD: 1.1. There is no decision of the OEF Board to grant any lease. 
But at the same time the school has been running and was affiliated to CBSE. 
In that sense the students prosecuting their studies are not students of any 
non-affiliated institution. At the same time, it cannot be lost sight of that 
contrary to the original position the percentage of wards of employees and 
officers is less than 15%. Therefore, the stand that there is valid sanction in 
favour of the appellant to run the school in the premises cannot be accepted. 
It would not be in the interest of students to direct immediate closure of the 
institution and/or to direct the appellant to vacate the premises forthwith. 
[1142-C-F] 
1.2. An undertaking may be filed by the appellant to vacate the premises 
with the undertaking to pay the amounts to be charged by the respondents for 
occupation of the premises. On such undertaking being filed, appellant shall 
be permitted to occupy the premises tilJ 31.3.2008. [1142-G-H] 
2. However, appellant may move the authorities for grant of lease of the 
premises in question. If such request is inade, the same shall be considered 
in its own perspective. (1142-G-H) 
CIVIL APPELLATE JURISDICTION: Civil Appeal No.4927 of2006. 
From the final Judgment and Order Dated 26-7-2005 of the High Court 
of Judicature at Allahabad in C.M.W.P. No.47566/20J5. 
F 
1Jday U. Lalit, Gourab Banerjee, Saumitra and Arvind Kumar Gupta for 
the Appellant. 
G 
Vikas Singh, A.S.G., S. Wasim A. Qadri, R.C. Kathia, V.K. Venna and 
Mrs. Anil Katiyar for the Respondents. 
The Judgment of the Court was delivered by 
ARIJIT PASA YAT, J. Leave granted. 
Appellant calls in question legality of the judgment rendered by a 
Division Bench of the Allahabad High Court dismissing the writ petition filed 
H by the appellant under Article 226 of the Constitution of India, 1950 (in short 
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AYUDH UPASKAR NIRMANI KAL YAN SAMITI, KANPUR>'. GOVERNMENT OF INDIA [PASAYAT, 1.Jl 139 
the 'Constitution'). 
A 
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