WPMS/2178/2024 of RAJ KUMUD PATHAK Vs STATE OF UTTARAKHAND

2024:UHC:5918

dated 24.07.2024 reveals that show cause notice was issued to petitioner for charge of making scandal allegations against the interest of the Sangh and two more charges.

7. Petitioner contends that he submitted reply to the show cause notice. 8. Learned counsel for respondent no. 3, however, submits that reply given by petitioner was without any substance, therefore, State Unit of the Sangh decided to expel the petitioner from Primary Membership of Rajkiya Shikshak Sangh for period of one year. He further submits that writ petition would not be maintainable against the order passed by Rajkiya Shikshak Sangh, which is neither owned nor controlled by State Government. He submits that Rajkiya Shikshak Sangh do not qualify to be ‘State’ under Article 12 of the Constitution, as per the tests laid down by Hon’ble Supreme Court in the case of Central Inland Water Transport Corporation Ltd. & another vs Brojo Nath Ganguly & another, reported in 1986 (3) SCC 156 and Pradeep Kumar Biswas vs Indian Institute of Chemical Biology & others, reported in 2002 (5) SCC 111. 9. Since expulsion of the petitioner, who happens to be Office bearer of Rajkiya Shikshak Sangh, from the Primary Membership of the Sangh is an internal matter of the Sangh, the public law remedy under Article 226 cannot be invoked for such private dispute. 10. Learned counsel for the petitioner submits that Rajkiya Shikshak Sangh has been recognised by the State

2024:UHC:5918Government under Statutory Rules, framed under proviso to Article 309 of the Constitution. 11. Learned counsel for respondent no. 3, however, submits that except recognition by State Government, State Government has no say in the affairs of the Sangh and State Government is not providing any funds to the Sangh. 12. In view of the above discussion, this Court is not inclined to entertain the dispute raised by the petitioner. Accordingly, writ petition is dismissed. However, if petitioner has any grievance, he can approach the appropriate forum, including Civil Court. ( Man oj Ku m ar Tiw ar i, J.) 21.08.2024Aswal NITI RAJ SINGH ASWALDigitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2024.08.22 10:35:23 +05'30'