IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, J.
CWJC No. 14697 of 2023
(7.4.2025)
Bal Vikas Vidyalaya ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Bihar Societies Registration Rules, 2018 – Rules 18 and 22 – Appeal – Maintainability – An order is final if it amounts to a final decision relating to rights of parties in dispute in a civil proceeding – In case Appellate Court has been constituted in words of widest amplitude and Legislature has not limited its jurisdiction, all orders passed by Inspector General, Registration under Rules, 2018 shall definitely be appealable before Member, Board of Revenue – In present case letter dated 26.11.2019 (Order passed by Inspector General of Registration) is a ministerial act and does not involve any exercise of discretion – Same would not be appealable under Rule 22(ii) of Rules, 2018 – Order passed by Chairman-cum-Member Board of Revenue, quashed and appeal remitted back to Board of Revenue, for fresh adjudication on merits – Appeal allowed. (Paras 22 to 27)
Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order dated 19.09.2023 passed by the Chairman-cum-Member, Board of Revenue, Bihar, Patna in Registration Case No. 30 of 2019, whereby and whereunder the appeal filed by the petitioner under Rule 22 (ii) of the Bihar Societies Registration Rules, 2018 (hereinafter referred to as the ‘Rules, 2018’), challenging the order dated 26.11.2019 passed by the Deputy Inspector General (DIG) of Registration (Society and Firm Registration), Department of Registration, Bihar, Patna i.e. the respondent no. 3, has been held to be not maintainable and accordingly the appeal has been disposed off. The petitioner has further prayed for quashing the order dated 26.11.2019, which though has been communicated by the respondent no. 3, however, the same has been passed by the Inspector General of Registration (I.G), Department of Registration, Bihar, Patna i.e. the respondent no.2, whereby and whereunder the District Magistrate, Rohtas at Sasaram has been directed to conduct the election of Bal Vikas Samiti, Sasaram bearing Registration No. 58 of 1985-86 in terms of Rule 18 (iii) of the Rules, 2018.
2. The brief facts of the case, according to the petitioner, are that the petitioner i.e. Bal Vikas Vidyalaya is a progressive co-educational school duly affiliated to the Central Board of Secondary Education, New Delhi which was established on 14.01.1976 under the Societies Registration Act, 1860 having Registration No. 58 of 1985-86 dated 05.06.1984. The Managing Director of the petitioner is Gopal Narayan Singh. The respondent no. 5 i.e. Shri S.P. Verma, who was the earlier Chairman of the Managing Committee of Bal Vikas Vidyalaya, Sasaram (hereinafter referred to as the ‘School’), subsequently showed his reluctance to continue, as such in his place one Shri L.M. Poddar was made Chairman vide resolution dated 9.5.2018 of the Managing Committee of the said School, which was unanimously confirmed vide resolution dated 15.07.2018. Consequently, Shri L.M. Poddar became the Chairman of the School, Shri Gopal Narayan Singh continued to be the Managing Director while one Shri Upendra Verma became the Assistant Director of the Managing Committee of the aforesaid School. The respondents no. 5 and 6, being anguished by the aforesaid development, questioned the resolution of the newly constituted Managing Committee although respondent no. 5 was himself a signatory to the said resolution and got a complaint filed before the respondent no. 2 on 20.09.2018 as also before the Assistant Registrar of Registration, Registration Department, Bihar, Patna on 15.11.2018, relating to irregularities being committed by the Managing Committee of the said School including financial irregularity being done by the outsiders and it was prayed that the same be enquired into by a government officer/committee and thereafter, appropriate action be taken. The petitioner had then filed its detailed reply to the aforesaid complaint on 27.02.2019 denying all the allegations levelled in the complaint as also it was stated therein that the complainant had no locus standi to file the said complaint, thus the complaint is fit to be dismissed. The petitioner had also raised the issue of maintainability of the complaint filed by the respondent no. 6 i.e. Rohit Verma on the following grounds: –
(a) Clause-2 of the Bye-laws of Bal Vikas Vidyalaya, Sasaram deals with Membership which has five classes of Members namely
i. Patrons
ii. Founder Members
iii. Corporate Members
iv. Donors
v. Co-opted Guardian Representative
(b) The Complainant Rohit Verma is not a Founder Member of the Bal Vikas Vidyalaya.
(c) Bal Vikas Vidyalaya was founded on 05.06.1984 and was subsequently registered in the year 1985. It was founded by 11 founder members but the complainant's name is not there, rather his father namely S.P. Verma (Respondent No. 5) name is there.
(d) The Complainant admits himself to be a Sponsor Corporate Member. Under the categor
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