Writ Petition No. 23832 of 2008 · Andhra Pradesh High Court
Case at a glance
Outcome
Disposed of
Hence, the Writ Petition is disposed of directing that the
Provisions considered
Key paragraphs
- Para 66. The miscellaneous petition filed in this writ petition shall also stand disposed of. December 11, 2012. KTL ____________________ L. NARASIMHA REDDY, J
Judgment
The 7th respondent is the Convention of Baptist Churches of Northern Circars. The petitioners state that they are appointed as Correspondents by the 7th respondent to various Schools under its control, in the Krishna and West Godavari District. As required under the A.P. Education Act, list of the correspondents was submitted to the respondents 1 to 6 for approval. Their grievance is that no orders of approval have been passed by the respondents 1 to 6.
Heard the learned counsel for the petitioner and the
learned counsel for the respondents.
The Christian Missionaries have established Schools and Hospitals about a century ago, with an objective of serving the needy people during British Regime. Over a period disputes arose among the members of the Managing Committee or those associated with such institutions. The result is that spate of litigation has emerged and quite a large number of cases are pending in various Courts including the High Court.
Hardly there exits any unanimity of opinion as regards the functioning of any Managing Committee or the competence of individuals, who administer the institutions. In this scenario, it is too difficult for this Court to express an opinion in a writ petition, filed under Article 226 of the Constitution of India. In case, there are several disputes among various persons, claiming rights of administration or management of the Institutions, or the Societies, they have to approach the competent Civil Court for adjudication. If, on the other hand, the approval of the Government is needed for any steps taken by the Society or its rivals, the concerned authorities have to examine the matter, with reference to the relevant provisions of law. In case any enquiry is pending, the final steps can be taken only after conclusion thereof and passing of final orders by the competent authority.
Operative part
Hence, the Writ Petition is disposed of directing that the petitioners on the one hand and their rival party on the other, feel that there exist any disputes among them, it shall be open to them to approach the competent civil Court. Similarly, if they are of the view that the nomination or appointment of an individual as Secretary / Correspondent, to be approved by the respondents 1 to 6 or any other authority of the Government, they shall await the ongoing enquiry and a final decision that may be taken by the Government in this regard. There shall be no order as to costs.
The miscellaneous petition filed in this writ petition shall also stand disposed of. December 11, 2012. KTL ____________________ L. NARASIMHA REDDY, J
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Hence, the Writ Petition is disposed of directing that the
Which statutory provisions did this judgment involve?
A.P. Education Act; Constitution of India — art. 226.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.