Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2013 Supreme(Mad) 1200

Madurai Bench of Madras High Court
V. RAMASUBRAMANIAN, J.

Yadhavar Kalvi Nithi Registered Society, Represented by its Secretary, K.P. Navaneetha Krishnan & Others
Versus
The State of Tamil Nadu Represented by its Secretary, Department of Higher Education & Others
W.P.(MD) Nos. 13759 of 2011 & 2582, 5948, 8451, 15398, 15403, 16595 to 16599 of 2012 & 1124 of 2013 & Connected M.Ps.(MD) batch
Decided On : 05-03-2013

Advocates Appeared:
For the Petitioners:E.V.N. Siva, Advocate.
For the Respondents:K. Chella Pandian, Additional Advocate General Assisted by K. Baskarapandian, Special Government Pleader, M. Marappan, G.R. Swaminathan, Ms. Jessie Jeeva Priya, S. Louis, L. Nandagopal Yadav, S. Santhanakrishnan, Advocates.

The power of the Government to take over the management of a Private College under Section 30(1) of the Tamil Nadu Private Colleges (Regulation) Act, 1976, is not absolute and can only be exercised in exceptional circumstances, such as when the suspension of the management under Section 14-A(1)(a) is insufficient to address the lapses or irregularities in the College.

Headnote:
[PRIVATE COLLEGE - DISPUTE AMONG MEMBERS - ENQUIRY BY INSPECTOR GENERAL OF REGISTRATION - REPORT - CHALLENGE - VALIDITY - APPROVAL OF SECRETARY - CHALLENGE - WRIT PETITIONS - DISMISSAL - ORDER OF REGIONAL JOINT DIRECTOR - CHALLENGE - WRIT PETITIONS - ALLOWANCE - DIRECTIONS TO GOVERNMENT TO TAKE ACTION UNDER SECTION 14-A OF THE TAMIL NADU PRIVATE COLLEGES (REGULATION) ACT, 1976 AND SECTION 34-A OF THE TAMIL NADU SOCIETIES REGISTRATION ACT, 1975 - INVESTIGATION INTO CONDUCT OF PARTIES TO LITIGATION IN WRITING INTIMIDATORY LETTERS - DIRECTIONS].
Fact of the Case:

The Society Yadhava Kalvi Nidhi was formed in the year 1962 and registered under the Societies Registration Act, 1860, with Registration No.85 of 1962, as seen from the Certificate dated 30.11.1962. The objects for which the Society was formed, was to establish High Schools, Arts and Science Colleges and Engineering and Technological Institutes and Colleges, primarily for the benefit of students belonging o the Yadhava Community. To grab power and to indulge in perennial litigation was certainly not one of the objects for which the society was formed.
Finding of the Court:

(i) W.P.(MD) No.13579 of 2011, 2582, 5948, 15398 and 15403 of 2012 are dismissed. (ii) W.P.(MD)No.8451, 16595 to 16599 of 2012 and 1124 of 2013 are allowed. (iii) The Secretary to Government, Higher Education Department, who is the first respondent in W.P.(MD) Nos.2582, 5948 and 8451 of 2012, shall take steps at the earliest for action under Section 14-A of the Tamil Nadu Private Colleges (Regulation) Act, 1976. The Secretary to Government shall take action accordingly, after following due process of law, within two months of receipt of a copy of this order. Similarly, the Inspector General of Registration shall forward his report dated 28.3.2012 to the concerned Secretary to Government, to take action in terms of Section 34-A of the Tamil Nadu Societies Registration Act, 1975, which shall also be completed within a period of two months, after following due process of law. But these actions shall be subject to the outcome of the civil litigation especially the Scheme suit. However, while taking action under the above statutory provisions, the Government shall not be solely guided by my observations, but shall independently consider the issues. The Government shall also not be carried away by the scurrilous attacks made on individuals without any proof. (iv) It is also made clear that the report of the Inspector General of Registration dated 28.3.2012 shall not be taken by the Civil Court, to constitute a final adjudication on the validity of the elections. The Civil Court has to deal with the issue independently.
Issues: (i) Whether the enquiry conducted by the Inspector General of Registration was valid? (ii) Whether the approval of the Secretary was valid? (iii) Whether the order of the Regional Joint Director was valid?
Ratio Decidendi: (i) The enquiry conducted by the Inspector General of Registration was valid as it was suo-motu in nature and the complaints lodged by individuals merely acted as catalysts. (ii) The approval of the Secretary was valid as the meetings held on 28.12.2008 and 4.2.2009 were not in accordance with the statutory provisions. (iii) The order of the Regional Joint Director was not valid as it was illegal and mala fide.
Final Decision: (i) The writ petitions challenging the enquiry conducted by the Inspector General of Registration and the approval of the Secretary were dismissed. (ii) The writ petitions challenging the order of the Regional Joint Director were allowed.

Order

1. As indicated in Mahabharata, the fight among the people of the Yadhava Community appears to continue, ever since the departure of Lord Krishna and the present litigation is reflective of the same.

2. Though for the disposal of all the writ petitions on hand, it is may not be absolutely essential to trace the entire history of the litigation between the parties, a brief narration would provide the broad canvas on which they are fought and throw light upon the remedy needed to cure the malady. Therefore, the history is recorded as follows:-

(i) A Society by name Yadhava Kalvi Nidhi was formed in the year 1962 and registered under the Societies Registration Act, 1860, with Registration No.85 of 1962, as seen from the Certificate dated 30.11.1962. The objects for which the Society was formed, was to establish High Schools, Arts and Science Colleges and Engineering and Technological Institutes and Colleges, primarily for the benefit of students belonging o the Yadhava Community. To grab power and to indulge in perennial litigation was certainly not one of the objects for which the society was formed.

(ii) It appears that the members of the Society were divided into two categories viz., those who paid a donation of a particular amount and more and those who paid less. The bye-laws contemplated the Constitution of a Management Committee, known as "Governing Council", comprising of 41 members, with 20 elected from the first category of members and 21 elected from the second category of members. This Governing Council was supposed to elect among themselves, a set of office bearers including the President, the Vice President, Treasurer, General Secretary and an Auditor.

(iii) The Society established a College by name Yadhava College in the year 1969. In the year 1975, the State Government enacted the Tamil Nadu Societies Registration Act, 1975. It was followed by the Tamil Nadu Private Colleges (Regulation) Act, 1976. Therefore, the Society viz., Yadhava Kalvi Nidhi became automatically obliged to comply with the requirements of the Tamil Nadu Societies Registration Act, 1975 and the College established by the Society became obliged to be administered in conformity with the provisions of the Tamil Nadu Private Colleges (Regulation) Act, 1976. It is relevant to note that the Yadhava College receives grant-in-aid from the State of Tamil Nadu.

(iv) In an election held in November 2000, a set of office bearers were elected for the Society. They in turn elected the Governing Council for the College. One Mr. A.R. Chandran was nominated as the Secretary-cum-Correspondent of the College on 1.12.2000 and the same was also approved by the Director of Collegiate Education by the proceedings dated 8.2.2011.

(v) The tenure of office of the said A.R.Chandran as the Secretary and Correspondent of the College, was to come to an end on 30.11.2003. But it appears that fresh elections could not be conducted due to the filing of certain cases.

(vi) Therefore, it appears that a General Body Meeting was convened on 14.12.2003 and a person by name C.Narayanan was temporarily nominated as Secretary, to function as such till elections are conducted. This meeting was presided over by one Mr. K.P. Navaneetha Krishnan and the Minutes of the said Meeting appears to have been signed by about 267 members. But unfortunately, the Minutes do not indicate clearly whether it was a General Body Meeting of the Society namely Yadhava Kalvi Nidhi. It gives an impression as though it was only a meeting of the College. The College was not an independent legal entity. The Society was the Educational Agency of the College and generally, elections are held only for the Society and not for the College. From among the elected members of the Society, one person is nominated as Secretary-cum-Correspondent and the Educational Agency not only nominates the Secretary of the College, but also nominates members to be part of the "College Committee", which is required to be con

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Judicial Analysis