Revd. Morris Edgar Dan v. Mr. David Andrew Luke

Neutral Citation No. - 2025:AHC:70872

Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2066 of 2025

Applicant :- Revd. Morris Edgar Dan

Opposite Party :- Mr. David Andrew Luke

Counsel for Applicant :- Prabhakar Awasthi

Hon'ble Salil Kumar Rai,J.

The present contempt application has been filed pleading willful disobedience of the order dated 5.6.2015 passed by this Court in Writ C No.34333 of 2015.

The relevant facts of the case, in short, are that there was a dispute between two rival groups regarding the management of the Society named as the Allahabad High School Society which, amongst other, manages an institution named as Boys' High School. The school, at present, is an all boys' school.

It appears from the records annexed with the contempt application and its affidavit that an order dated 26.5.2015 was passed by the Assistant Registrar, Firms Societies and Chits, Allahabad which was challenged by one of the rival groups through Writ C No.34333 of 2015. Vide its order dated 5.6.2015, this Court after calling for a counter affidavit, directed the parties to maintain status quo. It is stated that the said writ petition is still pending. However, subsequently, the Assistant Registrar, Firms Societies and Chits, Prayagraj passed an order dated 27.3.2024 registering the list of office bearers and members of the governing body submitted by one of the rival groups before the Assistant Registrar.

The order dated 27.3.2024 passed by the Assistant Registrar was challenged in Writ C No.12640 of 2024 by one Mr.John Augustine wherein this Court vide its order dated 7.5.2024 stayed the operation of the order dated 27.3.2024 passed by the Assistant Registrar. Before the order passed in Writ C No.12640 of 2024, this Court in Contempt Application (Civil) No.2425 of 2024 filed by Rt.Rev.John Augustine, issued notice to the Assistant Registrar and the other opposite party after observing that the order dated 27.3.2024 passed by the Assistant Registrar was prima facie

1

contemptuous. It is also relevant to note that in Writ C No.30896 of 2022 filed by the Allahabad High School Society which related to an order of Assistant Registrar, Firms Societies and Chits, District Prayagraj regarding operation of the accounts of the institution of Boys' High School & College as well as another institution managed by the Society named as Girls High School & College at Prayagraj, this Court, as an interim measure and vide its order dated 14.10.2022 directed that the accounts of the institutions named above shall be operated jointly by the Principals of the respective institutions and any other Officer not below the rank of Additional District Magistrate appointed by the Collector, Prayagraj.

It be noted that the above mentioned Writ Petitions and Contempt Applications are still pending before this Court. Subsequently, a notice has been issued by the opposite party, i.e., the Principal of Boys' High School & College inviting applications also from girls for admission to classes IX & XI in Boys' High School & College. It has been pleaded in the Contempt Application that the aforesaid notice, so far as it invites applications from girls for admission in classes IX & XI, is willful disobedience of the order dated 5.6.2015 passed by this Court in Writ C No.34333 of 2015 for which the opposite party is liable to be prosecuted and punished for contempt of this Court.

It has been argued that the notice so far it invites applications from girls for admission to classes IX & XI in Boys' High School violates the order dated 5.6.2015 passed by this Court in Writ C No.34333 of 2015 directing the parties to maintain status quo. It has been argued that the notice changes the character of the institution from an all boys' school to a co-educational institution and therefore, disturbs the status of the institution as existing on 5.6.2015 i.e., the date when the order was passed by this Court. The contention of the counsel for the applicant is not acceptable.

As would be evident from the narrations made earlier the different Writ Petitions filed before this Court involved disputes between rival groups regarding the office bearers of

2

the Society and members of the governing body of the Society. The dispute was between rival claimants regarding control of the management of the Society. The Principal cannot be considered to be an interested party in the disputes even if he was arrayed either as respondent or petitioner in the different Writ Petitions or Contempt Applications.

The orders directing the parties to maintain status quo do not affect the running of the institution which was to be done by the Principal of the Institution.

The notice, which is the subject matter of the present Contempt Application, does not change the status regarding the composition of the governing body of the Society or its office bearers and therefore, does not violate any order passed by this Court. The fact that the notice may result in changing the character of the institution from an all boys' school to a co-educational institution does not disturb the status quo order passed by this Court in Writ C No.34333 of

2015.

The contempt application is not maintainable and is

dismissed. Order Date :- 5.5.2025

IB

3