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A division bench of the Allahabad High Court on Wednesday stayed the single bench order to the extent whereby the District Magistrate, Lucknow had been directed to take over as the administrator of the Lucknow Christian College Society that runs as many as five institutions in the state capital.

It was urged by the Lucknow Christian College through its President/Manager before the division bench of Justice Ramesh Sinha and Justice Vivek Varma that the Single Judge had traveled beyond the pleadings and had considered the case which was never brought before the Court and he had erroneously appointed the District Magistrate as Administrator in a minority institution.

On December 16, the single bench of Justice Dinesh Kumar Singh had issued abovesaid directions to the DM, Lucknow while dealing with a plea filed by Bishop Subodh C. Mondal wherein he had alleged that the Properties of the church/society were being sold off by the persons, who have been/are at the hem of the affairs of the society.

Justice Singh had opined that particularly the affairs of the Lucknow Christian College were wholly mismanaged. He had observed that "The affairs of the educational institutions, particularly, run by the charitable/religious organizations, such as, the church and the society, should be conducted in a proper and transparent manner. The properties of the society should not be disposed of in the manner in which they have been disposed of in the past."

Accordingly, as an interim measure Justice Singh had appointed the DM, Lucknow should take the charge. 

Challenging Justice Singh's this measure, the college administration had filed a special appeal before the division bench. The petitioner college had urged that besides the order being beyond the pleadings, there is no provision of law whereby the District Magistrate may be appointed as Administrator in a minority institution.

Taking note of petitioners' these contentions, the division bench concluded that the matter requires deliberate consideration and stayed the interim measure until further orders of the court. 

However, the bench said that the society shall, as of from now, not take any policy decision(s) or any major decision and will only perform the routine tasks that are essential to keep it functional.

Bench also added, "Needless to add that the disbursement of the salary to the teachers and non-teaching staffs as well as day to day expenditure shall be made."

However, the division bench stressed that until further order, society is also restrained from alienating its properties.

Case Title: C/M Lucknow Christian College Thru. President/Manager & Anr. v. State Of U.P. Thru.Addl.Chief Secy.,Deptt.Of Finance & Ors