Judgment

CHANDRACHUD, CJI.:- The appellant, Smt. J. Tiwari, was appointed as the Head Mistress of the Jwala Devi Vidya Mandir, Kanpur (respondent 1 herein), which is a Society registered under the Societies Registration Act of 1860. In 1949, the school was raised to the status of an Intermediate College, whereupon the appellant became its Principal. On December 21, 1951 the Working Committee of the Higher Secondary Section of the Society passed a resolution suspending the appellant. On January 18, 1952 a charge-sheet was served upon the appellant and on the very next day she filed a suit in the court of the Munsif, challenging her suspension as void and inoperative. In May 1957 the High Court of Allahabad withdrew that suit for trial to itself and thereupon the suit was numbered as 2 of 1957. By a judgment dated April 2, 1958 a learned single Judge of the High Court decreed the suit, holding that the Committee which passed the resolution of suspension was not properly constituted and therefore it had no jurisdiction to suspend the appellant. Both the parties filed appeals against that judgment but those appeals were dismissed by a Division Bench of the High Court on April 17, 1962.

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