The main legal point established in the judgment is that the removal of a person from chairmanship and the membership of the council must be in accordance with the specified rules and regulations.

Valmiki J. Mehta, J (Oral):

C.M. Nos.228-29/2015 (exemption)

1. Exemption allowed subject to just exceptions.

C.M.s stand disposed of.

+ W.P.(C) No.8567/2014 and C.M. No.227/2015 (stay)

2. This writ petition under Article 226 of the Constitution of India is filed by the petitioner who was a Chairman and member of the Council of the respondent no.1-Council for the Indian School Certificate Examinations. In the writ petition as originally filed certain prayers were made challenging the decisions/resolutions of the executive committee and the general body of the respondent no.1 removing the petitioner from the posts of Chairman and a member of the Council of the respondent no.1, however, thereafter pursuant to the order of the learned Single Judge of this Court dated 18.12.2014, an amended writ petition is filed and which contains the following prayer clauses:-

“(a) Issue a writ in nature of certiorari or any other appropriate writ or order or direction quashing the Executive Committee meeting dated 12.11.2014 and the General Body meeting dated 12.11.2014 being illegal and violative of the Rules and Regulations of the Respondent no.1.

(b) Issue a writ in nature of certiorari or any other appropriate writ or order or direction to annul the resolutions passed at Executive Committee meeting dated 12.11.2014 and the General Body meeting dated 12.11.2014 being illegal and violative of the Rules and Regulations of the Respondent no.1.

(c) Issue a writ of mandamus or any other appropriate writ or order or direction under Article 226 of the Constitution of India directing the Respondent no.1 and its members to reinstate/restore the Petitioner as the Chairman cum member as well as co-opted member of the Respondent no.1.

(d) Pass any other or further order which this Hon’ble Court may deem fit and proper and other reliefs as the nature and circumstances of the case may require in favour of the Petitioner.”

3. The issue is whether the petitioner has been validly removed from the chairmanship and membership of the council of the respondent no.1. Admittedly, the relevant rules in this regard are Rule 5 with its various sub rules and Rule 6 of the Rules and Regulations of the respondent no.1, and which Rules 5 and 6 read as under:-

“5. (i) The members of the Society shall be as follows:

a) The Chairman who shall be appointed by the Society.

(b) Two members nominated by the Government or two Assessors (observers) of the Government of India, whichever is preferred by that Government.

(c) The Director of Education/Public Instruction (or his deputy) of the States in which there are schools affiliated for the examinations conducted by the Society.

(d) One representative of the Association of Indian Universities.

(e) Not more than six persons to be co-opted by the Executive Committee of the Council.

(f) Two representatives of the Inter-State Board for Anglo-Indian Education.

(g) Fourteen Principals of affiliated schools who shall be selected as follows:

(i) Six, of whom two shall be ladies, elected by the Association of Heads of Anglo-Indian Schools in India.

(ii) Two, elected by the Indian Public Schools’ Conference.

(iii) Six, elected by the Association of Schools for the Indian School Certificate Examination.

Provided that the maximum number of representatives of any one of the three organisations mentioned in (g) (i), (ii) and (iii) above shall not exceed six:

Provided further that if one or more of the categories mentioned in (i) (b) to (g) above are not represented on the Council this shall not prevent the Council from functioning.

5.(ii) The term of office of members specified under Clauses 5(i)(a), (d), (e), (f) and (g) sub clause (i) (ii) and (iii) shall be for three years:

Provided that when a member is appointed in place of another before expiry of the term of membership of the latter he shall hold office for the residue of the term of the original member,

Provided further that members whose term has expired shall be eligible for re-nomination/re-coopti