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IN THE HIGH COURT OF ALLAHABAD
Yatindra Singh, J.
COMMITTEE OF MANAGEMENT A.K.COLLEGE, SHIKOHABAD - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
C. M. W. P. 51047 Of 1999
Decided On : 01/10/2000
Committee of Management - Society and Degree College - Societies Registration Act, U.P. State Universities Act - The term of a Committee of Management of a society starts from the date that it takes charge of the society. It does not become defunct after its term expires. It continues until the new committee of Management takes over. The Vice-chancellor had wrongly rejected the application of the Committee of Management for extension of recognition. The order of the Vice-Chancellor dated 16. 11. 1999 is quashed. The order of the Director dated 16. 11. 1999 and that of the DIOS dated 27. 10. 1999 for single operation of the accounts is illegal and is quashed. The term of the Committee of Management of the A. K. Society has expired. It is a fit case, where the Registrar under the Societies Registration Act or the officer to whom the powers under Section 25 (2) are delegated should take suitable action for holding fresh election in accordance with law.
Fact of the Case:
The case involves a dispute regarding the term and recognition of the Committee of Management of a society running a degree college. The Vice-Chancellor refused to extend the recognition of the Committee of Management on the ground that its term had expired. The Committee of Management challenged this decision through a writ petition.
Finding of the Court:
The Court found that the term of a Committee of Management of a society starts from the date it takes charge and does not become defunct after its term expires. The Vice-Chancellor's rejection of the application for extension of recognition was deemed wrong. The order for single operation of the accounts was declared illegal. The Court directed the Registrar to take suitable action for holding fresh elections in accordance with the law.
Issues: The issues involved in the case included the determination of the term of the Committee of Management, the refusal of the Vice-Chancellor to extend recognition, the legality of the order for single operation of the accounts, and the appropriate action for holding fresh elections.
Ratio Decidendi: The term of a Committee of Management of a society starts from the date it takes charge and continues until the new committee takes over. The Vice-Chancellor's discretion in extending recognition is subject to review and should be based on relevant factors. The order for single operation of the accounts must afford the Committee of Management a reasonable opportunity. The Registrar should take suitable action for holding fresh elections in accordance with the law.
Final Decision: The writ petition was allowed, quashing the Vice-Chancellor's order and the order for single operation of the accounts. The Court directed the Registrar to take suitable action for holding fresh elections in accordance with the law.
( 1 ) WHEN does the term of a Committee of Management of a society or of a degree college begin? does a Committee of Management of a degree college become defunct after expiry of its term? can a Vice-Chancellor refuse to extend the recognition of a Committee of Management of a degree college on the ground that its term has expired? These are some of the questions, involved in this writ petition. In addition, it is recommended that statutory statement of the grounds on which judicial review may lie be enacted/ circulated (heading Few Remarks-Recommendations paragraphs 48-51 of this Judgment ). Here are the facts. FACTS
( 2 ) THERE is a society known as Adarsh Krishna Mahavidyalaya Prabandh Samlti (the A. K. Society ). It is a registered society and runs a post-graduate degree college by the name of A. K. College. Shikohabad, district Firozabad (the A. K. College ). It is affiliated to the Bhimrao ambedkar University, Agra (the Agra University ). An undisputed election to its Committee of management (Governing body) was held in the year 1980. A dispute arose when elections were held in 1984. The Vice-Chancellor in 1986 directed that fresh election in supervision of the district Inspector of Schools (DIGS) be held and in the meantime the principal of the A. K. College may look after its affairs. However, no elections, as directed by the Vice-Chancellor, were held and the principal continued to manage the college. The general body or the society held fresh elections on 4. 9. 1994 in which one Sri Mahavir Singh and Sri R. P. Yadav were elected President and Secretary respectively.
( 3 ) THE Committee of Management (the petitioner) took charge of the A. K. Society and filed an application on 6. 1. 1995 before the Vice-Chancellor for recognition. The Vice-Chancellor by his order dated 24. 4. 1995 (Annexure-3 to the writ petition) granted approval to the Committee of management. It was approved till 6. 8. 1996 (Annexure-4 to the writ petition) presumably for the reason that the A. K. Society was registered till 6. 8. 1996 under the Societies Registration Act. The principal of the A. K. College handed over charge to the petitioner on 6. 5. 1995.
( 4 ) THE registration of the A. K. Society was renewed for five years from 7. 8. 1996. It will expire on 6. 8. 2001. The petitioner filed an application dated 9. 8. 1996 before the Vice-Chancellor (Annexure-7 to the writ petition) with following information :
* The petitioner was elected on 4. 9. 1994 for five years. It was valid till 3. 9. 1999. * The A. K. Society was earlier registered till 6. 8. 1996 and so the petitioner was granted recognition till 6. 8. 1996. * The registration of the A. K. Society has been renewed till 6. 8. 2001. It was requested that the petitioner might be recognised for five years or till new Committee of management is elected.
( 5 ) THE Vice-Chancellor by his letter dated 24. 10. 1996 granted approval till 3. 9. 1999 (Annexure-8 to the writ petition ). No reasons were indicated in this letter but it was on the ground that according to the petitioner itself it was valid till 3. 9. 1999. The petitioners request was partly turned down. It did not do anything immediately and let it pass for time being.
( 6 ) THE petitioner filed an application on 20. 7. 1999 (Annexure-9 to the writ petition) before the vice-Chancellor for extending its recognition on the ground that:
* the charge was handed over to it on 6. 5. 1995 ; * It is entitled to manage the A. K. College for 5 years ; and * It is entitled for recognition till 5. 6. 2000. The Vice-Chancellor did not agree. He by his order dated 2. 9. 1999 suspended the Committee of Management of the A. K. College (the petitioner) on the grounds that : * the term of the petitioner is ending on 3. 9. 1999 ; and * the petitioner has not conducted elections within time. He also appointed the District Magistrate as an administrator of the A. K. College to hold elections within three months.
( 7 ) THIS order of the Vic
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