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SALIL KUMAR RAI
Shanker Inter College – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Salil Kumar Rai, J.
1. Shri Saumitra Anand, Advocate, representing the petitioners, Standing Counsel representing respondent Nos. 1 to 4 and Shri Prabhakar Awasthi, Advocate, representing respondent No. 5 were heard on 13.3.2024 when the judgement in the case was reserved.
2. Shri Shanker Vidyalaya Shiksha Samiti, Palso, District-Mathura (hereinafter referred to as, ‘Society’) is a Society registered under the Societies Registration Act, 1860 (hereinafter referred to as, ‘Act, 1860’) and runs Shri Shanker Inter College, Palso, Mathura (hereinafter referred to as, ‘Institution’), which is a recognized Institution as defined under the Uttar Pradesh Intermediate Education Act, 1921 (hereinafter referred to as, ‘Act, 1921’) and is governed by the Act and Regulations made thereunder. The Institution is also within the grant-in-aid list of the State Government and is also governed by The Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (hereinafter referred to as, ‘Act, 1971’).
3. A joint reading of the bye-laws of the Society and the Scheme of Administration of the Institution shows that the Committee of Manageme
Elections held by a Committee of Management whose term has expired are valid if no Authorized Controller is appointed, and the Regional Level Committee's rejection of such elections is contrary to la....
The judgment emphasizes the importance of fair and reasonable decision-making, adherence to principles of natural justice, and objective considerations in matters related to the recognition of electi....
Elections to the Committee of Management must comply with the Scheme of Administration to be valid; procedures and member admissions must adhere to prescribed protocols to ensure lawful election outc....
Elections for the Committee of Management of an educational institution must be conducted in accordance with the approved Scheme of Administration, and the provisions of the Uttar Pradesh Intermediat....
A Committee of Management loses authority to conduct elections post-term expiry, necessitating an Authorized Controller to oversee elections, as per statutory provisions.
The court maintained that a valid quorum is essential for decision-making in committees, rejecting the notion that the doctrine of necessity can allow decisions in its absence without a genuine impos....
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