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 impossibility.

JUDGMENT :

SIDDHARTH NANDAN, J.

1. With the consent of the parties, since the question is purely legal in nature, the present writ petition is being decided at the admission stage.

2. Heard Shri Prabhaker Awasthi, learned Senior Counsel assisted by Shri Saurabh Tripathi, Advocate and Shri Chandra Jeet Yadav, Advocate on behalf of the petitioner. Shri R.K. Ojha, learned Senior Counsel assisted by Shri Satya Prakash Rai, Advocate and Shri Vashishtha Dhar Shukla, Advocate on behalf of respondent no.5 and Shri Kartikeya Saran, learned Additional Advocate General along with learned Standing Counsel for the State-respondents.

3. The present writ petition has been filed with the following reliefs:

“ i. Issue a writ, order or direction in the nature of Certiorari calling for the records of the case and to quash the impugned order dated 08.08.2025 passed by the Regional Level Committee, respondent no. 2 (Annexure no. 1 to the writ petition).

ii. Issue a writ, order or direction in the nature of Certiorari calling for the records of the case and to quash the impugned order dated 02.09.2025 passed by the District Inspector of Schools, Mirzapur, (Annexure no. 2 to the writ petition).

iii. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to permit the petitioner Committee of Management to continue to discharge day-to-day affairs of the Institution on the strength of valid election having been held on 24.07.2024 which has been approved by the District Inspector of Schools on 26.07.2024.”

4. Shri Prabhakar Awasthi, learned Senior Counsel has assailed the order dated 08.08.2025 to submit that in District Mirzapur, a society in the name and style of “Janta Janardan Shiksha Samiti”, was registered under the provisions of Societies Registration Act, 1860 Act,1860 in the year 1973.

5. The aforesaid society initially established a Junior High School, which was subsequently upgraded as High School and thereafter as an Intermediate School. The Junior High School was under grand-in-aid and the High School Section and Intermediate, is not under the grand-in-aid of the State Government.

6. Certain dispute arose, with respect to the Committee of Management, which led to filing of various writ petitions and eventually vide order dated 19.09.2017 passed in Lal Chandra Singh vs. State of U.P. and others , Writ-C No.43742 of 2017. this Court found that the parties are at variance, as to whether, there has been a determination of the Members of the General Body of the Society; and as contemplated by Section 4B of the Act, pursuant to the directions given by this Court in Writ-C No.25100 of 2017, vide order dated 19.09.2017, the writ petition was disposed of, by requiring the Regional Level Committee to examine, whether there has been a determination of the General Body as contemplated by Section 4B of the Act or not.

7. In compliance of the observations made by this Court, the Regional Level Committee proceeded to pass an order dated 20.12.2017, discarding the election dated 09.04.2017; which was a subject m