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Before the 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
The Court dealt with a batch of writ petitions arising from disputes within a Society that managed a College. The Society was registered under the Tamil Nadu Societies Registration Act, 1975, and the College was governed by the Tamil Nadu Private Colleges (Regulation) Act, 1976. The main issues pertained to the validity of elections for the Society's office bearers, the acceptance or rejection of Forms VI and VII by the Registrar of Societies, and the legality of various actions taken by the Director of Collegiate Education and the Regional Joint Director of Collegiate Education, including the takeover of the College's management and the suspension of certain employees.
Fact of the Case:
The Society, Yadhava Kalvi Nidhi, was formed in 1962 and established a College in 1969. Over the years, disputes arose among the members, leading to numerous writ petitions and civil suits. The main contention was over the validity of elections for the Society's office bearers and the acceptance or rejection of Forms VI and VII by the Registrar of Societies. The Director of Collegiate Education and the Regional Joint Director of Collegiate Education also took various actions, including the takeover of the College's management and the suspension of certain employees.
Finding of the Court:
The Court analyzed the relevant provisions of the Tamil Nadu Societies Registration Act, 1975, and the Tamil Nadu Private Colleges (Regulation) Act, 1976, to determine the legality of the actions taken by the authorities. It held that the Director of Collegiate Education had the authority to invoke G.O.Ms.No.1021, Education, dated 2.9.1985, which allowed the Regional Deputy Directors to attend to certain items of work related to Aided Colleges in the absence of the Secretary due to disputes in management or disputes over Secretaryship. However, the Court quashed G.O.Ms.No.1021, Education, dated 2.9.1985, on the ground that it was ultra vires the Act.
Issues: 1. Validity of elections for the Society's office bearers. 2. Acceptance or rejection of Forms VI and VII by the Registrar of Societies. 3. Legality of actions taken by the Director of Collegiate Education and the Regional Joint Director of Collegiate Education, including the takeover of the College's management and the suspension of certain employees.
Ratio Decidendi: 1. The Court held that the Director of Collegiate Education had the authority to invoke G.O.Ms.No.1021, Education, dated 2.9.1985, which allowed the Regional Deputy Directors to attend to certain items of work related to Aided Colleges in the absence of the Secretary due to disputes in management or disputes over Secretaryship. 2. The Court quashed G.O.Ms.No.1021, Education, dated 2.9.1985, on the ground that it was ultra vires the Act. 3. The Court directed the 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, to resolve the disputes and ensure proper management of the College.
Final Decision: The Court dismissed some of the writ petitions and allowed others. It directed the 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, to resolve the disputes and ensure proper management of the College. The Court also directed an investigation into the conduct of the parties to the litigation for writing intimidatory letters to authorities and the Court.
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 constituted
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