IMPORTANT POINT
The dissolution of a society under Section 13 of the Societies Registration Act, 1860 occurs automatically upon the passing of a resolution by the required majority, and the authority responsible for approving amendments to the Scheme of Administration cannot question the validity of such dissolution.

JUDGMENT :

Hon'ble Manjive Shukla, J.

1. Heard Sri Yogesh Kumar Saxena, learned counsel appearing for the petitioner and learned Standing Counsel appearing for Respondents No. 1 to 3.

2. Petitioner through this writ petition has assailed the order dated 01.03.2024 passed by the Joint Director, Secondary Education, Agra Region, Agra whereby, approval sought by the petitioner for amendments in the Scheme of Administration of Sri Mahaveer Inter College, Jauhari Nagar, Mainpuri has been declined.

3. Facts of the case, in brief, are that Sri Mahaveer Vidyalaya, Jauhari Nagar, Esthan Post-Jauhari Nagar, District Mainpuri was a Society registered under the provisions of the Societies Registration Act, 1860. The said Society was managing the affairs of an institution namely Sri Mahaveer Inter College, Jauhari Nagar, Mainpuri. The Scheme of Administration of the College was duly approved by the Joint Director of Secondary Education, Agra Region, Agra. Regulation 6 of Chapter VII of the Regulations framed under the Uttar Pradesh Intermediate Education Act, 1921 has been amended with the prior approval of His Excellency, the Governor of the State of Uttar Pradesh and thereby Regulation 6(B) has been added wherein it has been provided that those Intermediate Colleges which are being run by the Society registered under the Societies Registration Act, 1860, 3/4th of the members of the general body of the Society can convert the Society into trust and the said trust must be registered. More than 3/4th members of the general body of the Society in its meeting held on 15.05.2022 took decision to dissolve the Society and for registration of the trust. Thereafter the trust has been registered on 28.05.2022 in the office of the Sub-Registrar, Tehsil Sadar, District Mainpuri. Information about the dissolution of the Society and registration of the trust was duly forwarded to the Deputy-Registrar, Firms, Societies and Chits, Agra Region, Agra and the District Inspector of Schools, Mainpuri on 18.06.2022. The petitioner forwarded all the requisite papers and resolution for making amendments in the Scheme of Administration of the College thereby replacing the Society by the trust, to the District Inspector of Schools, Mainpuri who forwarded papers to the Joint Director, Secondary Education, Agra Region, Agra with his positive recommendation for approval of the amendments sought in the Scheme of Administration of the College.

4. The Joint Director, Secondary Education, Agra Region, Agra raised certain queries and due reply was submitted by the petitioner. Since the Respondent No. 2 did not take any decision regarding approval of the amendments sought to be incorporated in the Scheme of Administration of the College, petitioner filed Writ-C No. 38150 of 2023 which was finally disposed of by a Coordinate Bench of this Court with a direction to the Joint Director to consider and decide petitioner’s matter in a fixed time frame. The Joint Director, Agra Region, Agra has passed the impugned order dated 01.03.2024 and thereby has declined to grant approval for the amendments sought by the petitioner to be incorporated in the Scheme of Administration of the College on the ground that the proposed amendments are not in the interest of the College.

5. Learned counsel appearing for the petitioner has argued that once Regulation 6 of Chapter VII of the Regulations framed under the Uttar Pradesh Intermediate Education Act, 1921 (hereinafter referred to as “the Act of 1921”) provides that 3/4th members of the general body of the Society can take decision to convert the Society into trust and in the present matter, more than 3/4th members of the general body of the Society which was running the College has taken decision to dissolve the Society and convert it into the trust, the Joint Director, Secondary Education, Agra Region, Agra cannot decline to approve the amendments in the Scheme of Administration of the college consequent to conversion of the Society into the tru